king100
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Everything posted by king100
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I did 3 times and havent received any terms and conditions , im just trying to back up my argument should it get to court and they produce one , then I can tell well, they 1. Didnt manage to show 1 3 times I asked. 2. they cant even get their dates right on the paperwork so why should this be nay different to this paperwork.
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Because the letter states Dear Mr XXXXXX I refer to your recent request (which I didnt request) for application information in reference to the above account. There is no address just my name and comes on Vanquis headed paper. I never asked vanquis for this info. Also there is a letter dated 11 May 2017 where it states that "your account with Vanquis was sold to us on 29th September 2017" well thats some 4 months before the letter date and "was sold" is past tense, so shows a fake letter. If this is a doctored letter then no evidence shown by claimant can be deemed as reliable is what I am trying to achieve if they were suddenly show T&Cs at court. Or at least add to my evidence so that if goes to court and they show T&Cs, I have introduced it in my defence and argue that. I put this in as there was a previous case on here that has the same thing and his case got thrown out of court.
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ok might be getting ahead of myself but here is witness statement. 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 20p 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 requested a copy of the CCA in September 2020 (cant find copy letter) after receiving a letter from Lowell dated 15/09/2020, Page 1, to which the Claiment has acknowledged receipt and requested said documents from their client, letter dated 05/10/2020 ,Page 2. 8: The defendant has received numerous letters from the claimant asking for payment with a settlement figure leading, with no proof of debt owed in these letters, led the defendant to doubt the authenticity of the Claimant and the claim. 9: Legal proceedings were issued on the 30/11/2020 to which the defendant issued his defence a copy of which was served on the claimant. Again a letter was sent, dated 07/12/2020 Page 3 requesting a copy of the documents that they rely on in their claim. Alas no true copy of agreement has yet to be received, in fact no paper work has been received relating to their claim. 10: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant. 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` 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 , Page 4, 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 information provided on letter dated 28/02/2020 from Vanquis has been sought without the defendant’s approval and as the defendant did not contact Vanquis to request application information and as such any information dated 28/02/2020 provided by Vanquis should not be used as evidence. IN CONCLUSION: 16: 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. It is therefore respectfully requested that the court dismiss this claim and costs requested. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.
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ok thanks So now it will move to mediation, tried to google some info but could find much just that cases are taking ages to get to court. I would assume that mediation would be via phone due to covid? As all I have seen in terms of their paperwork my position would be "I dont have a copy of the original agreement" and stick to that.
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I received my DQ today, filled in and ready to send copies to court and sol. What I am asking is on the paperwork from court it states that the claimant has 28 days after receiving my defence to proceed, so claimant must have received my defence early Jan with his DQ, as the letter to me is dated 6th Jan then I can assume that that they have 28 days from 6th to tell court if they wish to proceed. MCOL only states Your defence was received on 31/12/2020 DQ sent to you on 19/01/2021 DQ filed by claimant on 19/01/2021
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Will do Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing? Does that inc other lawyers? Surely that should say at least 1. It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
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Still valid? For completion once a defence has been submitted and the claimant wishes to proceed. Yes to mediation No if its statute barred or a parking claim. Yes to Small Claims Track State your local County Court 1 witness = yourself The rest is self explanatory Run 3 copies..Court/Solicitor/File
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