How long does it take for court to send out DQ?

Therefore we respectfully request further time to comply with your request. What time frame this is?

Had this reply via email (not sure how they got email but did email them 3 or 4 years ago), and even then I told them everything in writing in the post) We refer to the above matter in which we act for the Claimant. Further to your CPR 31.14 request we note your request for documents. It is previously noted that you have been provided with the application you completed to enter the agreement with Vanquis. You have also been provided with the Notices of Assignment from Vanquis and the Claimant. Finally you have been provided with the statement of account which evidences the usage you had of the agreement. We note you have requested a copy of the default notice which has been requested and will be forwarded upon receipt. Therefore we respectfully request further time to comply with your request. Our client remains satisfied, with the evidence you have been provided with that you are liable for the sums which are due and owing. To resolve this matter without further costs being incurred which, you may be liable, we invite you to put forward your repayment proposals. We look forward to hearing from you.

I have looked and the my previous posts were trying. Andy Did you manage to write the defence, as deadline is tomorrow. Thanks

The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made. 1. The Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon. The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6 a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 2. Paragraph 2 is noted. I have in the past had financial dealings with Vanquis. 3. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 4.It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to show how the Defendant has entered into an agreement a) As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. b) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the interest claimed. c) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the costs involved. I am still not sure what I am missing, as I have seen exactly the same defence with the same particulars.

Anything on the date of the letters? The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made. 1. I have in the past had financial dealings with Vanquis. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of "the agreement". The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon. The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6 a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 3. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 4. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Any better - Im not sure what to put down for 2. On another matter the letter from Lowells stating that Vanquis has sold the debt is wrong, the letter is dated 11th May 2017 yet the letter states that they sold the debt to them on the 29th Sept 2017. Does this show any negligence on their behalf and that the paperwork cannot be trusted? The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made. 1. I have in the past had financial dealings with Vanquis. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of "the agreement". The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon. The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6 a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 3. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 4. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to show how the Defendant has entered into an agreement As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Here is one I found that is correct to my situation 1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. 3. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon. 4. The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6 a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to show how the Defendant has entered into an agreement 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Thats exactly what I did do, am I missing something.

Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Despite numerous requests being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars and on payment of the statutory fee of £1.00; the Claimant remains in breach of the Sec 78 request. They have failed to supply under Section 61A (1) a copy of the agreement on numerous occasions and such the defendant states that Lowells in fact does not have a copy of this agreement and any copy produced at this time is not a true copy of the original agreement. A further request made via CPR 31.14, after the claim had been issued, requesting other documents on which the Claimant claim relies upon. The claimant has failed to respond. Until such time the claimant can comply with the above sec 78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

ok sent letter but no reply. Date of court is 30th Nov, is that 33 days inc weekends or 33 working days. 1st of Jan if 33 days inc weekends. What should defence be as I know people might be away during Xmas.

Ok, just sending letter as is. Thanks for your help today.

AOS DONE. Sending letter tomorrow asking for the information. As previous I have the application form but do not have a copy of the terms and conditions NPTA08 that they reference.

Name of the Claimant ? Lowell Portfolio Ltd Date of issue 30 Nov 2020 Particulars of Claim 1.The defendant entered into a consumre credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (the agreeement) 2. The defendant failed to maintain the required patments and arrears began to accrue 3. Teh agreement was later assigned to the claiment on 29/09/2017 and notice given to he defendane 4. Despite repreated requests for payment the sun of £XXXXX remains due and outstanding And the claiment claims a. the said sum of £3200 b. interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of XXX but limited to one year being £250 c. Costs What is the total value of the claim? 3700 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes received prior notice Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? Nope 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 April 2007 ? Nope Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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? Apparently according to the paperwork Did you receive a Default Notice from the original creditor? Not that I have paperwork for Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Unsure Why did you cease payments? Couldent afford it What was the date of your last payment? According to statement 05-10-2015 Was there a dispute with the original creditor that remains unresolved? Nope Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Nope I have requested paperwork but all they have sent me is as above.

Lowell Solicitors have now issued a County Court claim. Any help appreciated.

Read a few so yup sit on my hands and wait.

This was there response from the PAPLOC letter

Sent PAPLOC and reply as below Hopefully thats correct king100.pdf-min.pdf

Just received a letter of claim from Lowell. Old Vanquis debt. Default Date was May 2016. Now what I would like to know is if I want to make an arrangement, would this then update my credit file? All I am getting on file is D. I cant remember this debt, lot of things have happened since then and I have various credit cards then. If I was to contest it what would I need to do now? Thanks

Whats the next step as there isnt much to go on?

Its for a credit card. I thought that a CCA request would then have all the details ie statements terms and conditions etc. Do I need to SAR them instead? 1st Letter Received So sent request. Lowell.pdf This is their reply

Hi Received a letter before action so sent a CCA request back They have returned with a digital signature application form but there is nothing stating the credit limit, % Apr. 1.Is this enough for them to proceed to court? On another note, I am in the process of moving house, 1. Do I legally need to inform them of me moving house? 2. If my mail is returned to them but they issue court proceedings to my old house and I dont get the paperwork, does that reset the time? ie if I left appealing the CCJ until after the 6 years? 3. How do you defend digital signatures?

Think original debt is about £700

I thought that HCEO acting on a CCJ get to charge more? So are you saying that he can only charge £75+VAT Notice and £235+VAT for 1st visit, what about any other visits?

I can pay those fees, get it in quicker.