Andyorch Been along day already, need to send the paperwork tomorrow as court date is 15th. Tried ready 87 and 88 but cannot see the reason why it would be invalid. As Dx says i need to find out myself so can argue in court, but i honestly cant see why. Only thing i can see it says Notice of default and then says formal notice of default. Then on thr other side says this is a default notice. All ref numbers at the bottom match.

So default notice says Your account balance is £2144.86 Your credit limit is £2000 The arrears on the account are £200 This can be remedied if you submit a payment sufficient to clear the arrears.

Sorry been a long day at work, but still dont get it. 87Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or (c)to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. (2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations. (5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement). 88Contents and effect of default notice. (1)The default notice must be in the prescribed form and specify— (a)the nature of the alleged breach; FAILURE TO MAKE MINUMUM PAYMENT (b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; £200 TO BE PAID WITHIN 19 DAYS (c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. NO MENTION OF COMPENSATION (2)A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed. 19 DAYS (3)The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F114] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4)The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement]. THEY WILL TEMINATE AGREEMENT [F3(4A)The default notice must also include a copy of the current default information sheet under section 86A.] (5)A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid. was coming back to edit the above but cant The default notice dated 02 December 2015 (Exhibit 1) states that the Account balance of £2144.88, the Credit Limit is £2000, thus the arrears on the account are £144.88, not the £200 as stated in the letter. With the arrears being £144.88. The sum to take the account out of arrears is £144.88 there is no justification for the £200and nothing has been advised in the default notice. Section 88(c) states that if a breach is not capable of remedy, the sum if any is required to be paid as compensation of the breach, there is no mention of the sum, just the balance outstanding, plus interest and charges due. The above makes the default notice invalid and thus the claimant is not entitled as per Section 87(1) of the CCA 1974 that the debtor in accordance to with section 87.1 issue a default notice before the creditor or owner can become entitled. Im getting confused now.

I understand that, thats why Im here. Ive read and reread 87 and 88 and still cannot find the reason, the only thing I cant see is any mention of fees.

Is what I said above correct to put in witness statement.

Possibly? The default notice dated 02 December 2015 (Exhibit 1) states that the Account balance is £2144.88, the Credit Limit is £2000 thus the arrears on the account are £144.88, not the £200 as stated in the letter. Section 87(1) of the CCA 1974 states that the debtor in accordance to with section 87.1 issue a default notice before the creditor or owner can become entitled. The arrears are £144.88. Under section 87(1) or 88 there is no provision to charge a fee whilst issuing a default notice and thus the default notice in invalid and claimant has no entitlement to the debt.

The default notice dated 02 Dec 2015 states Account Balance is £2144.88 Credit Limit £2000 Arrears on the account £200 does that make it invalid. is this stronger than then not having terms and conditions

the default notice has wrong £££ states I need to pay £200 when in fact Im only over by £144ish

ok so take this out, need to send this tomorrow.

3rd Try STATEMENT OF I Mr will say as follows: INTRODUCTION 1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge. 2: There are several documents attached with this statement. (paginated) 3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers. 7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section 87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received. DEFENCE: 11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement. 12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim. IN CONCLUSION: 15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork. 16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct. 17: It is therefore requested that the Claimants Claim is struck out pursuant to the above. Signed Dated this day……. Could you check out this part "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."

Hi Sorry im lost on your reply, should your points overwrite mine?

2nd Try STATEMENT OF I Mr will say as follows: INTRODUCTION 1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge. 2: There are several documents attached with this statement. (paginated) 3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Page X and page X) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant 7: The defendant has requested on numerous times a copy of the CCA, the first time ( do not have letter) claimant has replied back on 23/11/2020 with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements. Defendant then again requested on the 07/12/2020 (see letter attached) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section 87/88 of the CCA the default notice should not include unlawful fees in it sum requested. DEFENCE: 10: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement. 11: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 12: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 13. The notice of assignment dated 11th May 2017 states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates (not sure what to say) IN CONCLUSION: 14: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork. 15: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct. 16: It is therefore requested that the Claimants Claim is struck out pursuant to the above. Signed Dated this day…….

I have misplaced my copy, they have paid the fee and I have confirmed the court date is the 15th Dec. Trying to get a copy of the N157 now. Witness statement 1st draft STATEMENT OF I Mr will say as follows: INTRODUCTION 1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.# 2: There are several documents attached with this statement. (paginated) 3: It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. 7: The defendant has requested on numerous times a copy of the CCA, the first time ( do not have letter) claimant has replied back on 23/11/2020 with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements. Defendant then again requested on the 07/12/2020 (see letter attached) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. 8: The defendant stated in his defence that no evidence of the CCA has been provided. DEFENCE: 9: The claimant has not provided a true copy of the CCA despite numerous requests being made. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasent provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement. 10: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 11: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 12: The information provided on letter dated 02/12/2015 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request any information and as such any information dated 02/12/2015 provided by vanquis should not be used as evidence. ( This is a notice of default) IN CONCLUSION: 13: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork 14: It is therefore requested that the Claimants Claim is struck out pursuant to the above. Signed Dated this day…….

When does my witness statement need to be in by and who do I sent to? Has to be 2 weeks before the trial?

Just an update, havent had any new paperwork with T&Cs, so couldent do mediation. Court date set for mid dec. Guess its witness statement now.

No 2 says I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation. I dont have enough information, should I email back and state this or wait till I am on the call?

Update Received mediation appointment. Am I basically stating that they do not have a true and original copy of the terms and conditions and they should drop the case? I am willing to negotiate on the amount of the claim and I will consider a compromise. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation. I’m available for the entire time slot on the date of my appointment.

Do you think if they had T&Cs that they would have produced it by now? Lowell that is?

Are you suggesting the default notice is void as includes £50 fee?

Any reason to upload Tomlin order? And default letter? Since ive never been given terms and conditions just a application form. Ive havent been down this path before. Last time they just went to court snd won as they had t&cs. Is this a hail mary for to cave and sign?

Default date of 31st May 2016 is whats on my credit file.

Here is what received minus another statement. As advised default notice.pdf just for info notice to default above actual default date 31 May 2016

no worries just keeping updated on situation

Gotta hand it to them. Just received another letter with an attached Tomlin Order, with a covering letter stating "that evidence provided which rebuts my defence" All they sent me was statements and notice of default. I assume to ignore and let the process continue.

Found it on underside of letter from Vanquis, same dates so a typo twice? 20210127_122016 (1).pdf