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finlander

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Everything posted by finlander

  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
  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
  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 c
  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
  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 walk
  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 S
  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
  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 r
  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
  16. No response yet or communications from MCOL or Lowells Geoff
  17. im hoping thats true but with the horror stories I read on here about DJ's given DCA's and banks so much latitude and the the benefit of the doubt .......then I m getting less confident... The system seems a bit stacked against us now.....
  18. I understand that a written CCA wouldnt be supplied in a sar. But if no written CCA ever existed...as they would contend if an internet application...then surely a internet application would have to be included. They cant have it both ways...if a written CCa isnt 'data' then an internet one must be?..... and the abcense of it must either ..prove the lie...or the negligence in disposing of it. The idea advanced in court that a reconstitueted copy should be allowed because companies cant possibly keep a copy of everything or might suffer some catastophe(flood etc) can't possibly hold with a comp
  19. hi, I understand that they may have that outer but Im just trying to build a trail for the DJ. 4 years ago I ask for a CCA. I get a leaflet. No document with any signature, etc or ascertion that this was an internet application. Now surely that means my original CCa request is still not been satidsfied as I havnt even got a reconstituted doc? The sar produces no CCA or default notice form vaquis. Drydens havnt produced one on my CPR request. Now the CCA hasnt been kept otherwise they would have produced it on my original request. They claim it was an internet application which my wif
  20. Anyone can point me in the direction of the intrest calculator for the the charges please as I am going for a counter claim now...
  21. UPDATES 1Court have acknowledged defence and state sent to claimant 2. Received my sar from lowells. basically its a copy of all there stsements (bit like a credit card statement with 'lowells ' written on it. A call log showing about 15 contacts and thats it. So no credit agreement 3. received the sar from vanquis. basically a spreadsheet with account activity showing about 30 late payment fees. Also a excel sort of sheet showing contacts and account activity. All comes to about 3 pages. Howver .... the account activity states ...Internet application... but no computer records of the
  22. Hi, Im about to go at with Drydens. They have ignored all my correspondence so far as well. Will keep watching this thread and see if their tactics are . Good luck Geoff
  23. Defence submitted... Lets see what happens now. Still no paper work, acknowledgement from lowlells, vanquis. Cheers for your help folks Geoff
  24. I can't seem to post in paragraphs. I do it but then it just posts in block text? Geoff
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