Can I still stop a ccj

It appears to cover all the details that I put in my defence, how can I prove the legitimacy of a letter they claim was sent to me by original creditor. By your post it would appear that I won't win, which would mean can I now stop a co

Yes they have sent a witness statement

Ok having trouble converting the amount of info sent to PDFs and since they have sent further info. They have informed the court that they will not be present at the hearing and hope that their witness statement with exhibits will be sufficient. They provide: Signed copy of original agreement with vanquis A copy of full t&c Full statement of monies owed to vanquis letter of default from vanquis Letter of assignment which claims account was sold to lowell Have they got me now or will the court be unhappy that they are not attending

Ok, lowell's solicitor sent a copy of a signed pre selection application with part of an agreement on it. The signature us in an official box, however the signature of the vanquis official is super imposed over where their signature should be. Also they have sent a longer version of the agreement but there is no signature on this document. I did send a cca (27/11/2014) to Lowell but to date they have not replied

DEFENCE I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an ACCOUNT with Vanquis for CREDIT CARD SERVICES however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. 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 © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full ACCOUNTING of the amount they have claimed. 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 136 of the Law of Property Act and Section 82A of the Act 1974. 17. 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.

In order for us to help you we require the following information:- Name of the Claimant ? LOWELL PORTFOLIO LTD Date of issue – 25/11/2014 DEFENCE ALREADY ISSUED SMALL CLAIMS COURT DATE SET FOR MAY 2015 What is the claim for – monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and (credit card) and assigned to the claimant on 09/04/2014 notice of which has been given to the defendant. the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with What is the value of the claim? £735.32 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER 2007 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? NO Did you receive a Default Notice from the original creditor? YES Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? LOST JOB What was the date of your last payment? DO NOT KNOW Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Some advice please, Lowell have issued court proceeding against me for a credit card debt, I have followed the advice that I have read on this great site as follows: Lowell issue proceedings, I acknowledge and submit defence, Court issue court date, Lowell submit copy of application form which does have my signature and also default letter as requested in my defence. Does that mean that I ave no defence and should pay up to avoid CCJ or is there still something I am not seeing that can stop them. Please help, I have until May before the court date

Update: As the claimant is unable to produce documentation to back up their claim the claim is on hold and I believe will remain on hold indefinately Game over

Ackowledgement received from court of my defence, now waiting 28 days for Cabot to do nothing but probably pass my debt on.

Defence sent by email as court does not accept its own generated password for my case. Thanks for all advice, will let you know what happens. By the way how will I know if Cabot put a stop to this case or is it a case that if I dont hear from the court then nothing has happened and there will be no CCJ against me?

Thanks Andy, here is the details. I have scoured the site for close particulars to my case and borrowed parts to fit mine, hope that is ok. CLAIM: 1.By an agreement between Bank of Scotland (Aqua Card)("BOS") & the Defendant on or around 20/11/2008 ("the Agreement") BOS agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. 2. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. 3. The Agreement was assigned to the Claiment on 18/03/2011. THE CLAIMENT THEREFORE CLAIMS: 576.22 DEFENCE: I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Bank of Scotland for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the Consumer Credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. 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 © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 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 136 of the Law of Property Act and Section 82A of the Act 1974. 17. 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.

I have tried all ways, All capitals, all lower case, some and some. Nothing works.

HELP!!!! I have just tried to submit my defence on mcol but it keeps informing me that the claim number or password are incorrect, but they are the claim number and password they provided on the claim sheet. what is going on and how do I proceed with my defence which is due 18/10/14

£250

In order for us to help you we require the following information:- Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – . 17/09/14 Date for defence - 19/10/14 What is the claim for – By an agreement between Bank of Scotland (Aqua Card) ("BOS") & the defendant on or around 20/11/2008 ("the Agreement") BOS agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claiment on 18/03/2011 What is the value of the claim? £576 Is the claim for a current or creditLOAN account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is theDEBT purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor?Yes Have you been receiving statutory notices headed NOTICE OF DEFAULT sums” – at least once a year ? No Why did you cease payments:- Lost job, more important debts required attention (rent, council Tax) Was there a dispute with the original creditor that remains unresolved? No Did you communicate anyFINANCIAL PROBLEMS to the original creditor and make any attempt to enter into a debt managementicon plan?No

Ok, not constructive but I shall respond. It has been a few years since I had dealings with dca's so things may have changed through the collection procedure but back then another site made the claim that no dca would waste money on court fees in the hope of getting paid. I may or may not owe any money to a company but I sure as hell did not sign any agreement with a third party company that did not lend me money

Ok this is new, after being told that no dca will take you to court, this happens. Just received a claim form from Northampton county court regarding a aqua credit card debt 'assigned' to cabot financial (uk) limited. I have already started the defence process of acknowledge form with Mcol, cca request from cabot and cpr31.14 from mortimer. Could anyone explain why dca's are now doing this (as I am aware I am not the only one) I know that I will get all the assistance from the more knowledgeable members of this great site that has helped me before, so in advance thank you J

Hi, In 2001 I took out a 'Monsoon' storecard, I was informed that I needed to sign the 'account protection cover' even though I said that I did not want it. (it was part of the package and I would not get the card if I did not sign. This I am sure is a PPI so I started a claim against Santander who took over the account. I received the normal you don't qualify so I then took the matter up with the financial ombudsman service who informed me that because Santander did not become members of GISC and MCCB until 2005 I could not claim against them but I could claim against the underwriter. Unfortunately I have destroyed all the paperwork relating to this account so do not know who the underwriter is. The original agreement that Santander sent me does contain in small print that the agreement was between myself and GE Capital Bank. So the question is how can I find out who the underwriter is without paperwork. thanks

Hi all, Some advice please. I received a phone call from south East water regarding an outstanding water bill from my old house dating back to 2004. During this time there was a leak in the incoming pipe just beyond the meter but unoticeable above ground so I had a high water bill for 3 years 2002 - 2004. I wrote to them explaining their leak but got no reply. I thought no more of it and eventually left the property in 2008. During the phone call I asked for a statement which they kindly did. Armed with the information I wrote to them again requesting that they adjust their figures but got a reply back stating that they can only adjust figures going back 6 years so would not change the bill. As the bill is over six years old is it/can it be statute barred as they have not contacted me about it for over 7 years or do the water companies get special treatment as they are a utility which we must need. Thanks for your time

DOH!!!! I do wish I would read my own threads, I shall have another look around the site for more ammo to fire at Welcome to get this money back.

21st March 2011 - Received answer to my complaint from Welcome Finance...........As the insurance was arranged by a broker and not sold to me by Welcome Finance they are unable to answer my complaint. Holy crap this is a pain.. I now have to start all over with the broker Blue Sky Personal Finance Ltd. Any clue as to how these work?

9th March 2011 - Received acknowledgement letter of the questionnaire that I sent back on the 3rd with the bulls**t note that they only recieved it and will give themselves 8 weeks from today to investigate, the only delays were at their end.

3rd March 2011 - Questionnaire sent back with a copy of original complaint letter and updated interest spreadsheet. Chew on that Welcome Finance the clock is still ticking

Thanks dx100uk, I will do that.