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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Lowell/BW Claimform - old Vanquis card debt


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Hi I'm hoping for a bit of help. I received a court claim from BW Legal on behalf of Lowell who have bought an old debt from Vanquis.

 

I foolishly misread some information and in attempting to acknowledge service on MCOL entered a defence.

 

That said I have issued a CCA request and a CPR 31.14 request for the credit agreement, default notice, deed of assignment and terms of the agreement which were all referenced on the claim form.

 

None of the above have been received and we are now well past the deadlines. I've received the directions questionaire and agreed to mediation, at the same time requested the above in advance to enable me to prepare.

 

Since then I've received an offer from BW legal of a 20% discount valid for 14 days on the balance of circa £2000 but still no documents just a statement of account with all of my transactions.

 

I've today received the mediation questionnaire from the court which asks me to confirm that I require no further documentation otherwise mediation is unsuitable.

 

My questions I guess are whether my mistake with the defence means that my CCA and CPR requests don't need to be complied with? Also whether I should proceed with mediation if only to say I'm still without the documentation to review the claim? Or should I be doing something else entirely?

 

Any advice would be much appreciated.

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See this link. https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

In post #1 of the link, there are questions. Can you copy/paste these across to your thread here and provide the answers. We then have all information about the claim you are dealing with.

 

You will have to tell the mediation company that you can't proceed, without the claimant providing the documents stated in their claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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for now you agree to mediation

1 wit you

state you local court

the rest is obv

 

 

can you get that above link done please

 

and what defence did you file please too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ? Lowell Portfolio

 

Date of issue – 31/7/17

 

Date to submit defence = 1/9/17

 

What is the claim for –

 

1.The claimants claim is for the sum of £1498 being monies due from the defendent to the claimant under a store cards, credit cards agreement regulated by the consumer credit act 1974 between the defendant and vanquis bank plc under account reference xx and assigned to the claimant on 4/9/14. Notice of which was given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of £0.33 from the date of assignment of the agreement to 4/9/15 being an amount of £120

 

What is the value of the claim? £1803

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so

 

Why did you cease payments? Financial Difficulties

 

What was the date of your last payment? 23/2/13

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan no

 

I believe I made a one character entry in the defence box as the form wouldn't submit

- Obviously I should have realised at this point I'd clicked the wrong option and started over - stupid mistake I know

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so actual defence is not due till the 29

why don't you ring northants bulk and ask if you can file your defence by email

tell them the website crashed or something.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" I've received the directions questionnaire and agreed to Mediation, at the same time requested the above in advance to enable me to prepare."

So you have already completed and submitted the DQ N180 ...have you received a Notice of Allocation yet? (N157)

 

 

Andy

We could do with some help from you.

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Yes DQN180 has gone, i had a notice of proposed allocation to the small claims track but as yet that hasn’t been confirmed. I’m assuming they’re awaiting the outcome of the mediation call

 

Possibly...once mediation fails...and it probably will..... your next actions will be to act to the directions contained within the Notice of Allocation...you must submit your evidence (all documents to be disclosed which you will rely on ) and to draft and submit a witness statement by the dates stated within the N157.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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So do I enter into mediation despite not having the information I’ve requested? If I do is that not admitting a degree of liability?

 

Also we’re this to run to court will ignoring my CCA and CPR requests not be a negative against them? Can I go down the route of an unless order yet? I’m conscious the longer it drags on the more time they have to find these documents.

 

Thanks

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no need to use unless order if they even still exist .

 

 

you need to be going and reading lots of other claimform threads

then these questions will be answered by reading around.

 

 

you agree to mediation right thru to the actual phonecall

THEN if they've still not coughed up you say so.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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