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finlander

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About finlander

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  1. sorry prob not being clear. The default notice was requested as part of the disclousre and so was the credit agreement. Nothing has been sent . No reply What Im trying to do is avoid being ambushed by being sent all these documents as part of the claimants bundle 14 days before court. Im trying to get the judge to say give him the docs now and give him time to study them. I am hoping to get some disclosure before hand as at the moment they have disclosed nothing. That makes defending very difficult. Also I want to ask the judge for permission to counter claim. I couldnt earlier because I didnt have the account information until recently. When I spoke to MCOL they said wait until a judge is allocated then ask him. What I need to know is how to ask him? Geoff
  2. Defendant is asking the court to make an order for the following. The defendant seeks the disclosure and the production of a verified and legible copy of each of the following documents mentioned in the Particulars of Claim: 1: the original signed credit agreement as regulated by the Consumer Credit Act 1974. If the document relied on is a document bearing an electronic signature then the defendant requests that there is verifiable proof that this document is linked to the defendant and contains all of the prescribed terms. 2: the document assignment showing the claimant has a right to enforce this agreement 3: statement of account or statements showing how the amount being claimed has accrued. This statement should include any default/penalty payments. 4: default notice The Claimant was asked by letter (recorded delivery) on the 16th June 2013 for copies of this document in order that the claimant could file a defence. They refused to provide copies of these documents. It is impossible for the defendant to mount any comprehensive defence unless these documents are made available for inspection. The Claimants Particulars of claim are vague and give no details regarding these documents, how or where they were signed, the contents or indeed if the claimant has any right to enforce any alleged debt. The defendant maintains that without the ability to mount a comprehensive defence then the interests of justice are not being served and requests that if these documents are not supplied within 28 days this action is without merit and the claimants case should be struck out. The defendant also requests that the court allow the defendant a stay of 28 days in order to file a counter claim against the defendant. The reasons for this are as follows; The Claimant brought this case against the defendant and supplied no supporting documentation before filing their claim. The defendant was compelled to acknowledge the service within strict time limits and file a defence with only vague and limited information. In the meantime the defendant made a Subject Access Request under the Data Protection Act in order to obtain details of this account. This request took approximately 28 days to arrive. After that time the defendant has had time to study the account details and now believes that the Claimant has levied unjust penalty charges on the account and charged a rate of compound interest at 29%. The defendant maintains that this constitutes unjust enrichment by the claimant and wishes to claim these monies back from the claimant. The amount of money the defendant wishes to claim is £2500 which is more than being claimed by the claimant. It is requested that the court orders a stay of 28 days in order that the claimant may be compelled to disclose the above documents and that the defendant be allowed to file a counter claim against the Claimant.
  3. ok Im going to go the n whatever it is asking for disclosure and ppermission to counter claim.
  4. Hi, ok some important questions and some help please. It all went quiet for a while after I was told it was being sent to my local court. I havn't filed a counter claim yet as I was told by the bulk court to do nothing until I heard from my local court. That was about a month ago. Anyway today a lot of papers arrive from the Chelmsford county court. they state that the hearing will be on the 19th december at the small claims court. Right the thing i need help with is the following. 1.What form do I use to send to the court for a counter claim and if claiming for compound interest am I claiming for restitution? 2.If so any idea where I could find particulars of cliam for that. they are just penaltycharges (late payment etc) pretty standard and I have done the CI sheet. 3. I take it i agree to mediation? But also I would like to get the counterclaim in before that starts as it will give me a bit more leverage 4.What documents do I have to send them? All I have is the SAR they sent me and the original letters asking for the account to be suspended due to finincial hardship (wife lost job) all ignored. Then the CCA request then the debt not acknowledged letter. All pretty much ignored. only one answered was the CCa request with aphotocopy ot t&c's. 5.Can I ask for disclosure order from the judge as they still havnt sent a CCA even with the SAR request and I still have never seen one. If so what form do I use? Please help as the deadline is now approaching Geoff
  5. i have returned the AQ as it had to be in by the 16th. It is the small claims track. the defence is that I have had an account with vanquis but they wont send me any paperwork to prove that the account has a CCA , or a default notice etc.. . They havent sent anything. It is now awaiting allocation to the local court. However I have now had a chance to go through all the paperwork sent and have found a number of late payment etc charges and these have been put in the CI calculator. if they apply upto the date that vanquis sold the account it comes to about £700. If they apply upto the date of settlement, for instance the begining of my claim being lodeged it comes to £2600 . The balance being sought by lowells is £2400. Now bearing in mind there was no paperwork prior to defence having to be submitted I am hoping I can apply to the judge, when it is allocated one, to counter claim now that the account info has been supplied. im not bothered about getting ny excess money out of vanquis or lowells I just would be happy with them walking away.
  6. thanks for this folks your all helping alot. sorry I havnt been here but its all been a bit of a nightmare. we have just had a misscarriage and ive had to take my dad for his cancer treatment. all in all a rubbish sept. So back to the fight. can i just confirm 1. yes I can counter claim but I will need to wait for the court to be allocated and then ask which ever judge I get. I understand I will have to pqy 2. Its from the date the charge was levied to the date i submit my papers and then 8% from then on until the court date or they walk away (Im happy with evryone walking away as this is my last contestable debt) 3. what form do I use for the counterclaim? cheers folks your all a great help at this time Geoff
  7. hello...is any one going to help with this? vanquis are prob the biggest ( Edit ) out there along with fairfax and everyone seems to be going quiet....
  8. ive had a good look through all the paper work tonight. this seems to be a right dogs breakfast by them. There is still no CCA. the internet bit on vaquis sar states 'internet activation' and is dated the 18/06/2006. but lowells statements state CCA 'signed' 15/05/2006. that doesn sound like an internet application to me. However all in got to my original CCa requestinn 2009 is a copy of their t&c's so technically they are still in default of that so shouldnt be taking me to court anyway. Also there is no default notces from either lowells or vanquis in the SAR's despite both claiming that they include all correspondence. Lastly theaccount shows quite a few penalty charges which when entered into the CI calcualtorsheet shows that if it is vali till the ate he account sold they owe me £600 quid and if valid till the date of the court summons than its £2500. the balance being sought is £2100.
  9. no done a defence but its an embarressed one as I have no CCA no default notice an no other paperwork... however vanquis have now provided account info with all the previous mention paperwork still missing but they have included a statement with all my charges shown. from that i have worked out hw much they owe. if i can work out which date is applicable Im going to contact the court to file a counter claim.
  10. cheers chaps... if its from the day they sold the account then they owe me about a quater of the balance outstanding. If its from the court summons date they owe me money.. please be the second... please be the second.........
  11. credit card charges. late payment over limit etc.... now being taken to court over the balance owed and want to counter claim
  12. quick question , for my counter claim I am filling out the CI spreadsheet. do I claim CI from today or the date they sold the account on? Geoff
  13. faiurfax seem very keen now...they have sent me a copy of their completed AQ now.... seem very confident . now is this confidence ill founded as 1. I havnt got any cca through yet. 2. My original CCA request to vanquis 2 years ago consted of a leaflet with thier T&c's. So arnt they technically still in default of my sec 77 request? as are Lowlells as they haven't sent me anything yet. 3. my sar to lowlells and vanquis hasnt shown any default notice served which a copy of such should have been returned with my SAR and nmy disclosure request. 4. Only mention of CCA on the sar was a note on the application 'internet' . No screen print, no data nothing. May need some help with this. geoff
  14. Ok, not the news I hoped for. allocation questionaire arrived through the door today. I take it that I just agree to the small claims track and try and get it moved to my local court? Also here is a form offering mediation. I take it I agree to this as well? I still havn't got any CCA from them apart from the original leaflet and no answer to any of my request for documents to allow me to form more than an embarresed defence. What do I do now. Leave it to them to turn up at court with documents they havn't served on me, or no docs at all, and hope the judge throws it out or do a disclousre request? Geoff
  15. hi, have checked MCOl and no update yet. They received my defense on 1th 15/07/2013. Any idea when it will be auto stayed as I still havnt got anything from drydens? I want to know as I want to apply for a stire out as they havnt botherd contacting me with any paperwork . Also any ideas of what to put in the strike out application and how I do that? Geoff
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