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

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.

ok Im going to go the n whatever it is asking for disclosure and ppermission to counter claim.

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

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.

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

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....

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.

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.

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.........

credit card charges. late payment over limit etc.... now being taken to court over the balance owed and want to counter claim

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

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

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

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

No response yet or communications from MCOL or Lowells Geoff

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.....

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 computer application..... they can be stored on multiple servers...they are hence all the info on the SAR sent to you , are cheap to store etc ..They seem to have original notes , records etc minus the very notable exception of the original data which makes the CCA enforcable or not. This puts the defendant at an almost impossible burden and makes a mockery of sec 127 which even the supreme court ruled was fair to punish irresponsible lenders as parliment wished..... Its quite obviously using the law to cover up mistakes made in drafting agreements. Isnt this an unfair relationship? Geoff

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 wife disputes.She is convinced it was a 'flyer' in a magazine. Now the sar shows no 'computerised documents' relating to her application just an entry saying 'internet application' which could have been written last week. I also understand that they may not have to supply the CCA but don't they have to supply the application information before it was executed. What im saying is the executed aggreemnt may be subject to the CCA requiest but the information inputted was done so before the agreement was executed. Therefore it is seperate data to the executed document. Now surely they have to prove it was an internet application not just turn up and say so. Otherwise all debts taken out after there website became live could now be claiimed as electronic and no paper CCA needed. In fact nothing needed just a nerd turning up with a spreadsheet.That cant be right. If they have the ability to tell me what her first purchase was, when they have called her etc etc they must have the ability to download the info she gave on her application, her IIP address etc etc....... Geoff

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...

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 said application. Now if there were any they should be in my SAR surely as 'data protection' would require 'data' from an application. True? So why no application form? Same with Lowlells? Now my wife is convinced it wasnt an Inernet application. This defence should be intersting...actually when you know people are lying to you it starts to get a bit more 'fun'....... No other contact........ Geoff

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

Defence submitted... Lets see what happens now. Still no paper work, acknowledgement from lowlells, vanquis. Cheers for your help folks Geoff

bump........

I can't seem to post in paragraphs. I do it but then it just posts in block text? Geoff