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Everything posted by bissell

  1. As I go through the defence it has sections for - Defence, dispute reasons, defence particulars, counter claim, service details (this is where it asks for correspondence details, and asks for additional details such as telephone or email - I assume it is because they do not have these details for me, only my address), summary, and confirmation. There is no red asterix to suggest I have to provide additional correspondence details.
  2. When submitting the defence, am I correct in assuming I do not submit a counterclaim, and where it asks for additional contact info - should I leave those blank (as not required) or provide email/telephone/date of birth etc?
  3. Thank you Andyorch, I was confused for a moment there, I started to search for the section I needed from the CCA.... then I realised you meant you had tweaked it. Tired eyes! I will leave it all for tonight, and go back over everything in the morning with a fresh mind and set of eyes.
  4. Thank you for that Andyorch, I had originally abbreviated the particulars, I have now corrected them to match exactly what is written on the claim form. Particulars of Claim 1. The claim is for the sum of £1016.54 due by defendant under an agreement regulated by Consumer Credit Act 1974 for a Vanquis account with an account reference of XXX. 2. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consum
  5. I am very grateful of the help. Even if it seems I am not exactly helping myself. I will be making a donation at the end of the month. Even if I don't get anywhere, just knowing there has been someone out there ready and willing to help is a huge stress relief during the process.
  6. Whilst I don't have the letter any more, I do recall Lowell sending a letter with something about income and earnings. I didn't read it properly, I just thought it was another offer of reducing the debt. I always believed debt collectors couldn't/wouldn't enforce debts through courts. Hence my lack of a serious attitude about it, and not keeping anything. If I know they sent such a letter, is that relevant to 3? Might my defence 3 need changing?
  7. Hope this is a good improvement. I found one which sounded very similar to mine, and reworded a few sections. Particulars of Claim 1.Sum of £1016.54 due by defendant under agreement regulated by CCA 1974 for a Vanquis account ref XXX. 2.failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the CCA 1974 which has not been compiled with. 3.The debt legally assigned to claimant 23-09-19, notice of which given to defendant. 4.Claim includes statutory interest under s.69
  8. I have just been through my bank account for 2017, and a random payment to Vanquis does appear. It makes no sense to be there though, there are no payments for years before that one, and it does not show up on my credit file as a payment. Although the default appears on the credit file in January 2018 which ties in with the last payment. So this means it cannot be statute barred. So annoyed. I can only assume the stress I was under at that time made me feel like trying to clean up my debts. I am re writing the defence, in (hopefully) a better format.
  9. I know I did not make the payment. Can I not file a statute barred defence regardless? The vanquis account was opened at the end of 2012 and I only had the account for about 1 year. I have searched my files at home and could only find a few original statements from when I first opened the account. I know what was going on in my life in August 2017, and it wasn't making a one off payment to Vanquis after years of not paying them. I have used the claim form links but they take me to the original posts talking through CPR and CCA, which I have already done. I have read through vario
  10. Sorry, I thought I had read what I needed, and just needed to submit the final part to dispute it. I now know different. For my defence all I can think to say ( I don't understand all these laws/terminology) is ; I vaguely recall having dealings with Vanquis some 8 years ago, and cannot recall the specific details of accounts or agreements which the claimant refers to - I sought further details via a CPR13;14 and CCA request. Whilst I received a letter of acknowledgement no further details were forward to myself. Without such evidence I deny any breach of agreement an
  11. Yes, I did the AOS the same day or following day from my post. I didn't hear back from Vanquis. I do not have a rough draft, I was just logging back into this forum and MCOL to look over things.
  12. Hi, I did not receive any paper work back from Lowells, but I did receive a confirmation letter from their solicitors on their behalf asking me to communicate with them only, and not Lowells. They also offered payment plans and options to avoid any further court action. I did not respond to this letter in any form. Tomorrow is Day 33, and I was wondering if I should put in my defence this evening, or should I wait until tomorrow, in case anything arrives in the post in the morning? I am worried in case I am counting the 33 days wrong, and it is today and not tomorrow. (claim
  13. Thank you DX, I am already feeling less overwhelmed. I did attempt to log into the MCOL without success. I used the claim number and the password provided on the claim form, but it keeps being rejected. I will try again tomorrow first thing, in the meantime I will prepare the letters. And I will get back in touch with Vanquis until I receive more information. Thank you once again.
  14. I am just writing/printing out the CCA request and CPR13.14 request. For the CPR13.14 request, am I correct in requesting for the Agreement, notice of default and assignment, and the statement of account?
  15. He told me as the account was passed to lowell in 2019, he could not access any more information for me. He then started to state he could not get any payment info that was older than one year. I asked how did he get the 2017 info as that was older than one year. He was trying to get through to another department for me but kept me on hold, I asked if any statements of the account could be posted, he said he needed to speak to the other department, I asked for details to be posted if he could source them and hung up as I felt he would not or could not give me any more information.
  16. I will phone them asap for that info. No, I simply ignored as I had other debts to worry about. I can not recall the last payment I made as it was so long ago, but on my credit file it only shows years as far back as January 2015 and there is no data for payments showing. Not even late payment data. I only had the card for 0ne, possibly two years. i just realised I made an error on the questionnaire. The credit card was after April 2007, it was October 2012. I am currently trying to get through to Vanquis. I managed to get through and was told a
  17. Hi, I have read through some posts for help but feel a bit overwhelmed with what steps I should be taking, and making sure I get them correct. I had a vanquis card in 2012/2013. No payments/correspondence from myself since prior to 2015 (not showing on credit report, and I'm certain these are correct), possibly earlier. Defaulted in 2018 (according to credit report). I would be grateful of any and all help, advice. Name of the Claimant ? Lowell Date of issue – 19th March 2021 Date to submit defence - 20th April 2021
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