Jump to content

belgarion22

Registered Users

Change your profile picture
  • Content Count

    112
  • Joined

  • Last visited

Community Reputation

1 Neutral

About belgarion22

  • Rank
    Basic Account Holder
  1. So I need to add that I deny both debts and that I sent the CPR to them Not sure what the holding defence is cant find it on a serach
  2. 1. The claim comprises the following agreements the defendant entered into a. Talk Talk telecom Ltd with reference (Account Number) and current balance 485. b. Vanquis Bank with reference (Card Number) current balance 596 2.The agreements were terminated as payments were not maintained and subsequently assigned to claimant. 3.and the claimant claims. a) the total of the said sums being 1080. b) interest pursuant to s69 county courts act 1984 at the interest rate of 8% per annum from the date of assignment to the date of issue. but limited to one year, being 7 C) Costs 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 particular allegation to which a specific response has not been made. 2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failing to respond to completed Response pack. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3.It is admitted that I have entered into Consumer Credit agreement with Vanquis Bank Ltd. 4.Furthermore, the claimant has given no details as to the breakdown of their claim, so the defendant is unable to defend specifically 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; . 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 6.On the alternative, if 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 82A of the consumer credit Act 1974. . 7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  3. Hi I have started to put my defence together, below is the one for talktalk not sure what to do about vanquis !. Talk Talk Ltd 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 particular allegation to which a specific response has not been made. 2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failing to respond to completed Response pack. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. It is admitted that I have entered into a supply and service agreement with Talk Talk Ltd in the past. However from July 2015 my supplier was switched to British Telecom. Due to a data breach at Talk Talk exposing my personal information to hackers. 4.Furthermore, the claimant has given no details as to the breakdown of their claim, so the defendant is unable to defend specifically. 5. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore, their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. With the court’s permission the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed ; c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  4. I need copies of paperwork to prove with talk talk the data breach and the charges on my vanquis debt
  5. I need to start my defence, going to sent sar to all parties, but not sure weather to start defence with fact the failed to campily with pap and build from thier
  6. Hi The Letter reads as follows We confirm receipt of your recent correspondence dated 17/08/19 with regards to the acknowledgment of service, we can confirm receipt of this and the appropriate action has been taken. as you are aware the reference number noted on the right is in relation to accounts held with talk talk and vanquish, the balances of which have been consolidated. Claim 1: TAlk Talk in relation to the above account, as this is former telecommunications matter, it is not regulated by the consumer credit act 1974, this means that the original creditor is not required to retain a copy of the Agreement and therefore we are unable to request a copy of this document. A default notice is a formal letter which is sent to a customer when they fail to maintain payments on their credit agreement. Mobile phone accounts have a service agreement and therefore a default notice will not have been issued as it only applies to the credit agreements, the terms and conditions can be found on the original creditors web site. we have requested copies of the statements and notice of assignments for your attention. Claim 2 Vanquis We have requested copies of the agreement, statement, default notice and notice of assignment. once a response has been received, this shall be forwarded to you. You will appreciate that we are unable to control the time within which we receive a response from our client. As you are aware a county court claim has been issued with deemed service date of the 21/8/19. you should read it fully and respond to the claim aqainst you deem appropriate, you may wish to seek independent legal advice with regards to this matter. Failure to respond to the county court claim within the time frame provided by the court may result in us applying to enter a county court judgment (CCJ) in default to be entered against you. this would mean further costs and could make it difficult for you to obtain credit, morgages, or even some employment whilst it remains unsatisfied on your credit file for six years we trust this clarifies your position.
  7. Hello I got back from holiday today to find a letter from Lowell solicitors, I have tried to upload it but it keeps failing
  8. Lowell Portfolio 1 Ltd Date of issue 16/08/19. Particulars of Claim What is the claim for – the reason they have issued the claim? 1. The claim comprises the following agreements the defendant entered into a. Talk Talk telecom Ltd with reference (Account Number) and current balance 485. b. Vanquis Bank with refrence (Card Number) current balance 596 The agreements were terminated as payments were not maintained and subsequently assigned to claimant. and the claimant claims. a) the total of the said sums being 1080. b) interest pursuant to s69 county courts act 1984 at the interest rate of 8% per annum from the date of assignment to the date of issue. but limited to one year, being 7 C) Costs What is the total value of the claim? 1317 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card and landline/mobile When did you enter into the original agreement before or after April 2007 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? card on line / landline mobile by phone 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? yes Did you receive a Default Notice from the original creditor? cant remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes Why did you cease payments? on the vanquish card because my wife lost her job and at the same time so did my son so all household bills became my responsibility. the talk talk was canceled by me , due to at least two data breaches ant the mobile was canclled as it was a monthly contract I no longer needed but they carried on charging me for a further 4 months claiming I did not cancel it correctly What was the date of your last payment? 2016 Was there a dispute with the original creditor that remains unresolved? yes to both Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
  9. I received the court paperwork this .or ings it was filed yesterday the day after I spoke to their solicitor his name is on the paperwork so he was well aware they had not auctioned the pap
  10. I hav not had anything from northants bulk clearing, I was told after numerous calls I made yesterday that they had filed ythe paper work with the court so just going to wait and see what happens next
  11. Hello Andyorch No court claim just their solicitor telling me it had been issued and that they did not have to comply with pap because sent to wrong office and old reference number used, apparently when it is sent to the solicitor's the Lowell reference number changes. I could the reference number on the previous letter because I could not find the pap letter they sent me. and he said no longer have to accept it as it is now passed 30 days. I pointed out to him that it was served to Lowell in Northampton so it still counts as it is all one company with a linked system as Northampton themselves proved when they told me it was a refrence for the leeds branch and could see it on their system.
  12. got a letter today from Lowell apparently I sent the pap to the wrong address they changed the refence number to on for their solicitor's so I put an incorrect reference on then told me they do not have to send it to the correct office or use the reference for that I used and have now issued court proceedings adding a further 400 to the bill, they also tell me that they now do not have to send me any paper work or provide any further information.
  13. Hi The debts were assigned to Lowell in 2016 had letters for both.
  14. Hello Andyorch Sorry for not replying sooner have had some family issues, They sent me the pre action protocol just not sure what to do with it. I am going to defend both on the grounds that the Talk Talk bill has early termination fee and they carried on charging for a mobile phone sim because according to them I did not cancel it correctly despite the fact that it was a 30 day rolling contract. The Vanquis bill is in dispute because it has late payment fees over limit fees default fees and their New Version of PPI Hi Comebackjimmy The Vanquis bill is not statue barred it was last paid in 2016 due to wife and son both losing jobs at the same time and not getting back into work for 6 months so something had to give
×
×
  • Create New...