Shoosmiths/Arrow/Vanquis

[DT&FE]

Folks

 

I could do with some advice. In Nov 2009 I received a letter from IMPACT CS, stating that a Vanquis account was overdue by 81 pounds and that there was a balance on 763.41 with 72 hours to pay, a week later the same letter arrives. I sent a letter in early December under S78(1) of the CCA requesting a true copy of any agreement with the satutory fee. A week later ireceived a default notice from Vanquis (117 minimum payment, balance now 811.89). Late December a letter arrives from Vanquis stating they have enclosed a copy of the executed agreement. This was a blank colour copy of an application form with terms and conditions attached. A week later another letter from IMPACT CS asking for payment. In early Jan 2010 I send another letter to Vanquis stating the document supplied does not meet S78(1) CCA requirements at the same time send another letter stating account is in dispute. In late Jan 2010 I send a letter to IMPACT CS telling them not to continue with thier telephone harrassment. In early Feb Vanquis reply stating and I quote:

 

"with regard to your request under Section 78 of the CCA. We are required only to provide you with a true copy of the executed agreement. We are not, however, required to provide you with a copy of the executed agreement between us in the form of a photocopy of that document. Please be advised that it is only necessary for us to provide the 'signed copy' of our agreement to which you allude, in a court of law should Legal proceedings be undertaken by us, and not at any time prior to this."

 

Then the letters stated coming at regular interval from 1st Credit (3), DHS (1), CARS (3), all were sent the 'dispute letter'. Then in May 2011 a Notice of Assignment sent from Arrow, then Fredrickson (4), Bryan Carter (3), Rossendales (3), Moorcroft (1), Midas (1), then Shoosmiths write in Dec 2012 saying court action.

 

I then get a claim form from the Northampton bulk centre which including cost is now for 990.68, my questions are as follows:

 

1) Do I defend this claim?

2) Are Vanquis correct in stating that they have to provide such before going to court?

3) What do I do?

 

I really cannot provide any meaningful defence if they do not provide me with the correct documents

[DT&FE]

Sorry I forgot to add a forth question: Is a letter requesting documentation counted as an addmission of the debt and does that mean it would not be SB'd until 6 years after the letter?

[Bandit127]

Can we assume that the debt began before April 2007? Probably, since Vanquis already admitted that they would need the original agreement.

 

You have a claim so I will ask the site team to move your thread to the Legal Issues forum where the experts hang out.

[cerberusalert]

Thread moved into the legal forum.

[DT&FE]

I think it was actually 2008, but not sure that's why I asked for the documentation, I also wanted to see if I had PPI?

[DT&FE]

Please can someone reply and adivse with this predicament