Hi all,

Yesterday we received through the post a claim form from Drydens Fairfax on behalf of Lowell/Vanquis. I intend to file a full defence.

The POC is as follows:

1. The claim is in the sum of£xxx.xx and is in respect of monies owing by the defendant on a creditagreement regulated by the consumer credit act 1974. The original creditor wasVanquis under account number xxxxxxxxxxxxxxxxxxxx. The defendant failed tomaintain the contractual payments due under the terms of the agreement and adefault notice has been served and not complied with.

2. The debt was legally assignedto the claimant by Vanquis on xx/xx/2012 and a notice of assignment was servedupon the defendant.

3. The claim also includesstatutory interest pursuant to section 69 of the County Courts Act 1984 at arate of 8% per annum (a daily rate of 0.14094) from the date of assignment ofthe agreement to the date of issue (xx/xx/2012 to xx/xx/2013) being an amountof 39.46.

I understand that I need to put in a AOS asap, this I will do online through MCOL.

Ineed to know if I need to put in a defence at this stage or not.

I am going to send the following letter to Drydens via recorded delivery.

Re: Lowell v MY NAME Case No: xxxxxxx

CPR 31.14 Request

Is this correct or is there something else I need to do or change?

Any advice would be appreciated, thanks in advance.

you send the request to drydens BY RECORDED DELIVERY

you send the request to drydens BY RECORDED DELIVERY

Will do Squaddie, do I need to enter a defence at this stage of proceedings?

Do nothing, i would acknowledge service and wait 10 days from acknowledge of service before you do anything else

How can you submit a defence if you do not have the documents to support a defence

There is a suitable reply to this, lets see if dryden comes back with anything before we continue

Set your alarm though for 10 days as we are on the clock now

Do nothing, i would acknowledge service and wait 10 days from acknowledge of service before you do anything else

 

How can you submit a defence if you do not have the documents to support a defence

 

There is a suitable reply to this, lets see if dryden comes back with anything before we continue

 

Set your alarm though for 10 days as we are on the clock now

Thanks again Squaddie, just wasn't sure if I needed to let the court know at this stage other than saying I intend to defend fully.

I will request the full 28 days from acknowledgment of service rather than the usual 14.

I will request the full 28 days from acknowledgment of service rather than the usual 14.

May i ask why??

They issued the claim against you, why should you give them any rope to hang yourself

If they request a continence under CPR 15.5, then you consider it

They are claiming against you, do not do the job for them

I will request the full 28 days from acknowledgment of service rather than the usual 14.

 

May i ask why??

 

They issued the claim against you, why should you give them any rope to hang yourself

 

If they request a continence under CPR 15.5, then you consider it

 

They are claiming against you, do not do the job for them

I thought it would take longer than 14 days to get a defence together after requesting documents from Lowell/Drydens.

So I should stick to the 14 then.

The claimant should have all the documents in his possession before the commencement of legal proceedings that he will use to support his case

we use that against them, their lack of compliance that makes them look a right amateur in front of a judge

Documents etc are requested through Drydens

Have nothing to do with Lowells now

OK Squaddie, thanks very much for all the info.

Recorded letter going tomorrow.

One more quick thing the letter to Drydens I have posted above is the correct one I hope, it is something I came across whilst looking through other threads and have adapted it for my own purposes.

Fine, send it and keep your thread updated on any responses

Thanks Squaddie,

10 days countdown starts Monday 22nd April

I will update as we go.

Just make sure you acknowledge the claim before you send the request

Already done online through MCOL with the 14 day deadline and no defence yet entered, just acknowledging that I intend to contest the whole of the claim.

UPDATE:

On Friday I received a text message from Drydens Fairfax requesting I call them to discuss an urgent matter.

The number they have given is a mobile number, which seems unusual for a so called solicitors.

I assume they have received my CPR request.

Do I call them or just let the clock run down?

Dont call them. You need it in writing. They are making a total mockery of the legal system and procedure by sending you a simple text.

Dont call them. You need it in writing. They are making a total mockery of the legal system and procedure by sending you a simple text.

That's exactly what I thought, thanks for the reply renegadeimp.

Totally agree

If they want to talk to you, they can send you a letter

I would send them an email with reference number and state you require all correspondents to be in writing

When is the defence due, i take it this is Northampton court???

They are now panicking as they do not have the information and the time is about to run out, shame that

Sounds like theyre running scared as theyve come across someone who knows their rights.

DITTO

And i thought this was uncle Bryan, not Drydens

Totally agree

 

If they want to talk to you, they can send you a letter

 

I would send them an email with reference number and state you require all correspondents to be in writing

 

When is the defence due, i take it this is Northampton court???

 

They are now panicking as they do not have the information and the time is about to run out, shame that

I started the 10 day countdown from Monday 22nd April and I think it expires Thursday 2nd May, it is Northampton Court.

They haven't supplied me with an address so cannot email them.

That is is their problem then

They haven't supplied me with an address so cannot email them.

Send a text back to the number on your phone and do not delete it

Say you will only communicate by postal service or email

That is is their problem then

 

They haven't supplied me with an address so cannot email them.

 

 

Send a text back to the number on your phone and do not delete it

 

Ssay you will only communicate by postal service or email

OK will do, at least that way I am not being obstructive and have responded to them trying to contact me. All looks better when court time comes around.

You have it

It shows you are being reasonable and what contempt lowell and Drydens have for the civil procedure rules

Thanks Squaddie and Renegadeimp for the replies, will update when I receive a reply from them.