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    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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Tawnyowl

Strange things said at strange times.

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Whats the funniest thing your husband or wife has said,at a totally unexpected time.;)Heres one that happened to me on Sunday.While watching a spectacular display by the Red Arrows on Sunday my wife spotted a cloud in the distance and said,"We had better go home ive left the washing out,and need to bring it in.Theres a storm brewing.:eek:"Will be if i go home now i thought :) I am beginning to worry about the obsession with washing as when we viewed the house the first thing she noticed and said was "oh good a washing line".Cant wait to hang the washing out,see it wafting about in the breeze.:eek:Perhaps i dont understand the importance of these matters.:roll:Tawnyowl

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I don't think there was anything wrong with her statement :)

 

I fainted once in my lounge and my ex husband husband asked what I was doing on the floor ! I told him I was checking the carpet for bits !:rolleyes: He was an Ambulance Man as well............barsteward :mad:

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:Dmy husband has just put some decking down and I made hime cut a hole in it for the washing line as I would not let him move it.

 

you must not come between a woman and her line

 

be warned

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I think the best was Tilly at the St Albans meeting - offering MTM a 'blow job'.... she meant he could have the blow up bed we had with us! (Sorry Tilly & MTM but it brings a smile to my face everytime I think of both of your expressions!)

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Wow! Don't think I can match that one! :D

x:)x

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My aunt (who I am named after) had a nasty head wound from a swimming accident, she was all propped up and bandaged in her hospital bed regaling us of how her accident happened, she told us that

 

"I dived into the pool but my foot slipped and I banged my head on the side of the pool, It knocked me out but the life guard dived in after me and took me to the side of the pool and gave me artificial insemination"

 

We all knew she meant respiration but we were howling with laughter for days on that one and she hasnt lived it down yet!


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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I friend of mine went to the hair dressers and asked for a "cut and blow job"

 

I was once asked at work "what time is the 11:15 break"


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Guest wino

I had a really bad cold and was constantly blowing my nose for days. After one particular long nose blowing session I turned to my husband and said "You'd think my head would be empty by now". He just looked at me and smiled until I realised what I'd said:rolleyes:

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I sometimes get my words muddled, and when I phoned up my doctors surgery to make an appointment for my young daughter to see a doctor, I asked for a young doctor to see my daughter!

 

x:)x

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My mother called me yesterday to tell me she had got a virgin. After howls of laughter from my dad drowining out the rest of the conversation, it dawned on me that she meant a Virgin sim card.

 

My mother also has a habit of asking daft questions about the obvious - for example:

 

Me "just going to the butchers"

Mum "what you going there for?"

Me "well I fancy the latest DVD releases so I'm going to the butcher to buy a house."


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Just another one about my dad, who is not exactly politically correct, but not one to deliberately cause offence.

 

Watching the TV, he spotted a character whose head height was at waist level of another character.

 

"Whose the dwarf?" my dad asked.

 

The character was actually a non-vertically challenged person in a wheelchair. Only my dad could insult two groups of people in 3 words.


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My parents live in the states, and people over there don't call cigarettes fags. Whilst they had company over my Dad was having a sneaky ciggy outside. My mother leaned out the window and shouted "for god's sake Frank, will you take that dirty fag out of your mouth". Everybody inside was in hysterics.


Mungy Pup

 

I want to live in a world where chickens are free to cross the road without their intentions being questioned. :razz:

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Just another one about my dad, who is not exactly politically correct, but not one to deliberately cause offence.

 

Watching the TV, he spotted a character whose head height was at waist level of another character.

 

"Whose the dwarf?" my dad asked.

 

The character was actually a non-vertically challenged person in a wheelchair. Only my dad could insult two groups of people in 3 words.

 

You are Prince Charles and I claim my £50

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Just asked my flatmate whether he wanted a brew.

 

He said "oh that reminds me, I need to check my bank account to see if that payment's gone through".

 

Dunno if he's bought shares in the East India Tea Company or not.


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