I have attached the scanned digital signature application - hopefully its visible! Vanquis agreement scan.pdf

Well the reply today has paperwork attached. I have no idea as to whether it is enforceable or not! The 'digital signature and application' form they sent looks more like its been knocked up on word. They have sent statements from the original credit card. They haven't sent a copy of the notice of assignment.

What is the likelihood of them lifting the stay?

Hi, thanks for your reply! Yes, it all started in September 2014. I've just checked and the last payment by us was on the 19/09/2009.

Hi folks, I just need a bit of advice as to what to do next regarding my most recent correspondence from Restons. The back ground is that my Husband received a letter from Restons advising that he was being taken to court regarding an old Credit card debt with vanquis to which we responded with this letter..CPR 31.14. They wrote back, I can't quite remember exactly but from what I can remember it said that they didn't have the documents that we'd asked for but they were going to try and get them. We submitted this defence to the court (I will cut and paste it below) and this is all we have heard from them since then apart from a couple of letters saying the documents/agreements still haven't been found. 1: I received the claim XXX from the County Court Business Centre, Northampton on 10th September 2014. 2: This claim is for a credit card agreement regulated under the Consumer Credit Act 1974. 3: It is admitted that the Defendant has previously entered into an agreement with Vanquis for provision of credit. 4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5. The Claimants Particulars of Claim states that the account was assigned from Vanquis to Cabot Financial Limited on 23rd February 2011. The Defendant does not recall receiving notice of this assignment. 6. It is denied that Vanquis served any Default notice on the Defendant pursuant to S87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 7. On the 15th September 2014, I sent a request for inspection of documents pertaining to the claimants Particular of Claim under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Agreement/contract, Default Notice, assignment and formal demand. 8. Restons Solicitors have not sent any of these documents to me. 9. On the 15th September 2014 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. 10. The Claimant has failed to comply with [s 77 (1) / S 78 (1)] Consumer Credit Act 1974 and by virtue of [s 77 (4) / S 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. 11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. 12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed, be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. The letter we received today from Restons has attached a copy of the "digital signature application details" and a Statement of account. The last payment on the statement was a ROP Payment?! I have no idea what that means, there are quite a few 'ROP payments' in the statements and the last payment date was the 05/03/2010. Finally, the letter says they are still awaiting a copy of the notice of Assignment and 'endeavour to provide is to us in due course' Could anyone advise as to what our next course of action should be?

Ok, thanks guys, I'm still finding it all rather confusing but I will keep on reading through some more threads to see if I can get an idea of what I am supposed to do. Would it be worth approaching a solicitor?

But this is all very new to me and I'm feeling rather stressed! Bit of background, we moved into our ex rental property in October 2007 - we signed a (WHSmith DIY) standard tenancy agreement and gave £500 deposit which our landlord assured us would go into one of the DPS schemes, (I also ought to point out that no inventory was taken) After the 6 months was up, nothing more was signed and we went over to a periodic tenancy. In the summer this year I started to look around for another property as we were hoping to move to somewhere near a good primary school as my daughter is approaching school age. We did find somewhere and applied for tenancy and we let the landlord know verbally that we had found somewhere and that if our application went ahead, we would give our 1 months notice. Unfortunatly, we were declined by the letting agency so let our landlord know straight away (3 days later) that were unsucsessfull and we wouldn't be handing our notice in. The LL at this point said he wanted us to move out anyway and insisted we went ahead and gave our notice. Obviously we were gobsmacked, but it transpired that the LL had made an agreement with a friend of his that he could move in once we had left. We said we wouldn't put our notice in as we had no where to move into! but over the next few weeks we were bombarded with texts and calls asking us to move and we were served a section 21 (with the wrong dates on it). Obviously when relations break down to that extent then it feels uncomfortable to stay and we were succsesfull in applying for tenancy in the first house that came up for rent in our price range, (sadly not in the area were hoping for) and luckily it was vacant so we moved straight away. We cleaned and cleared our ex house and handed back to the LL who was happy with the house, and said that would be only deductions from our deposit for a couple of things (that I dispute). I then asked which DPS he had used and that's when i found out that our deposit had not been protected. So now 21 days later I still haven't received my deposit back, I wrote to the land lord a week ago explaining that if I didn't get my deposit back within 7 days that I would seek the money through the courts. I still haven't heard from him so now it's time to go to court, and I've read up on some cases, but I'm unsure on what the first step is - could anyone advise?

Hi I wondered if someone could advise me please I am currently being persued by Jacobs Bailiffs for unpaid council tax two times over for 2 years. The first is for one months (so original bill was for 100ish plus court costs but with bailiff fees came to over £400. ) I sent for the breakdown of costs and it says, Visit fee 1 and 2 .. which I can't do anything about and is paid. then they have attendance 90.00 and waiting 40.00. Levy fee (on a vehicle that wasn't mine) 31.00 and Sch 5 Head H 24.50. I have paid ALL of this off now. BUT I have since sent them a copy of the letter I recieved from the DVLA stating that the car they levied on was not mine or my partners nor was it registered at our address. and they have only removed the levy fee £31.00 and the Sch 5 Head 24.50. Why haven't they given me back the attendance and Waiting? as far as I'm aware Bailiffs can only charge for this is a levy has been made, and the levy was proven to be illegal. Also, all the charges were made on the same day. So they charged for attendance before even knowing they were going to Levy. I strongly believe that the Bailiff fabricated the vehicle registration number. The DVLA have told us that the car in question is not registered in our part of the country. Also, I don't have a road outside my house, no driveway, there is an area of road that people park their vehicles on but there would be no way of assuming which car belongs to which house as it is not near the houses. sorry my post seems to gone on a bit, but I'm pulling my hair out here!

Hi folks I've just the Form 4 complaint form sitting in front of me now - so I wondered if anyone could give me some idea what I should write! Looking at the paper work that the Bailiff has shoved through the door, it's actually really hard to make out the name of the Bailiff! It's written in 'scrawl' So finding which court to complain to is going to be hard! unless I just ring the number and ask for his name? he may be reluctent to tell me.

I like that.. hehe

Ha! I've gone from being nervously sitting at home with the curtains closed, to quite cross now really I wonder what the Bailiffs intention was to repeatably ask for money that wasn't their responsibility to collect.

Yes, will do that tonight.

I'm not sure how to go about it! but I certainly am going to look into complaining.

Well my OH just had a long chat with the court and it turns out that Philips only had until the 12th of February to collect the fine, since then it has been returned to the court. The only correspondance we've had with Philips is in the past 2 weeks. The court are going to contact the Bailiffs this afternoon and tell them to stop persuing the fine. I'm wondering now if the Bailiffs have infact acted illeagally seen as the fine wasn't with them when they tried to collect it. Also, they posted 3 letters through our door without envelopes which I'm lead to believe isn't allowed. Also, the Bailiff has left several messages on our answerphone saying that they have a warrent out for our arrest, and will come to our home, and then if oh is not there, will come to arrest him at work. Court has confirmed that that is certainly not the case I think we perhaps look into complaining.

Thank you! It just seems bonkers to me that we are willing to start chipping away at the fine and no one will take our money!