Lowell and vanquis issues summons county court help!!!

[citizenB]

If no CCA ever existed, then they would be perjuring themselves in court to say that there was. If your wife is convinced it was a flyer, then she just needs to stick to her guns and as it is their claim, they will indeed need to prove otherwise.

[finlander]

If no CCA ever existed, then they would be perjuring themselves in court to say that there was. If your wife is convinced it was a flyer, then she just needs to stick to her guns and as it is their claim, they will indeed need to prove otherwise.

 

im hoping thats true but with the horror stories I read on here about DJ's given DCA's and banks so much latitude and the the benefit of the doubt .......then I m getting less confident... The system seems a bit stacked against us now.....

[finlander]

No response yet or communications from MCOL or Lowells Geoff

[finlander]

hi, have checked MCOl and no update yet. They received my defense on 1th 15/07/2013. Any idea when it will be auto stayed as I still havnt got anything from drydens? I want to know as I want to apply for a stire out as they havnt botherd contacting me with any paperwork . Also any ideas of what to put in the strike out application and how I do that? Geoff

[citizenB]

Finlander, they have 28 days from the time you submit your defence before it automatically stays. The courts are usually around 5 days behind with their administration.

[finlander]

Ok, not the news I hoped for. allocation questionaire arrived through the door today. I take it that I just agree to the small claims track and try and get it moved to my local court? Also here is a form offering mediation. I take it I agree to this as well? I still havn't got any CCA from them apart from the original leaflet and no answer to any of my request for documents to allow me to form more than an embarresed defence. What do I do now. Leave it to them to turn up at court with documents they havn't served on me, or no docs at all, and hope the judge throws it out or do a disclousre request? Geoff

[Guest]

is usual to agree to mediation, up to you though. is small claims so costs won't be so much of an issue overall?

it should go to your local court anyway, unless they are requesting it elsewhere?

remember, as is small claims?, then some of the general rules re standard disclosure etc (cpr 31 etc) won't apply? but, if a judge orders it?

check with others though

[finlander]

faiurfax seem very keen now...they have sent me a copy of their completed AQ now.... seem very confident . now is this confidence ill founded as 1. I havnt got any cca through yet. 2. My original CCA request to vanquis 2 years ago consted of a leaflet with thier T&c's. So arnt they technically still in default of my sec 77 request? as are Lowlells as they haven't sent me anything yet. 3. my sar to lowlells and vanquis hasnt shown any default notice served which a copy of such should have been returned with my SAR and nmy disclosure request. 4. Only mention of CCA on the sar was a note on the application 'internet' . No screen print, no data nothing. May need some help with this. geoff

[finlander]

quick question ,

 

for my counter claim I am filling out the CI spreadsheet. do I claim CI from today or the date they sold the account on?

 

Geoff

[Guest]

what again is the counter for?

[citizenB]

I will ask someone to pop in and help..

[finlander]

credit card charges. late payment over limit etc.... now being taken to court over the balance owed and want to counter claim

[Guest]

would think then would be from inception?

wait see what citb comes back with though

 

bump also re help your aq

[finlander]

cheers chaps... if its from the day they sold the account then they owe me about a quater of the balance outstanding. If its from the court summons date they owe me money.. please be the second... please be the second.........

[Guest]

don't recall full facts atm, but have you not already done a defence and counter claim?

[finlander]

no done a defence but its an embarressed one as I have no CCA no default notice an no other paperwork... however vanquis have now provided account info with all the previous mention paperwork still missing but they have included a statement with all my charges shown. from that i have worked out hw much they owe. if i can work out which date is applicable Im going to contact the court to file a counter claim.

[Guest]

ah ok. so, you might need to amend your defence, and also add a counter claim. poss implications there, eg might need courts permission? but might be given as you didn't have the the info etc.

 

citizenb, can you get help on this possibility also. thanks.

Edited September 12, 2013 by Ford

[Guest]

in the meantime, see eg CPR part 17, and 20 with associated practice directions.

[finlander]

ive had a good look through all the paper work tonight.

 

this seems to be a right dogs breakfast by them.

 

There is still no CCA. the internet bit on vaquis sar states 'internet activation' and is dated the 18/06/2006.

but lowells statements state CCA 'signed' 15/05/2006.

that doesn sound like an internet application to me.

 

However all in got to my original CCa requestinn 2009 is a copy of their t&c's so technically they are still in default of that so shouldnt be taking me to court anyway.

 

Also there is no default notces from either lowells or vanquis in the SAR's despite both claiming that they include all correspondence.

 

Lastly theaccount shows quite a few penalty charges which when entered into the CI calcualtorsheet shows that if it is vali till the ate he account sold

they owe me £600 quid and if valid till the date of the court summons than its £2500. the balance being sought is £2100.

[finlander]

hello...is any one going to help with this? vanquis are prob the biggest ( Edit ) out there along with fairfax and everyone seems to be going quiet....

Edited September 12, 2013 by Andyorch
Bad language removed

[citizenB]

Sorry, I have lost the plot.

 

Can you just summarise what you want me to respond to.

 

If you have statements showing default charges, then you need to put those into a spread sheet I have posted a link to the spread sheets below. I think you need to use the 2nd one.

 

Where are you at with the actual claim ? You have submitted a defence - have you received any further notice from the court as to the status of the claim ?

 

 

Link to spread sheets.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[Guest]

........

 

Can you just summarise what you want me to respond to.

 

[/url]

 

 

you said you were going to ask someone to look in re CI #61

 

and then was asking also re help with aq and poss defence amendment and addition of counter claim?

 

a 'holding' def (without counter c) has previously been submitted, now at aq stage?

Edited September 12, 2013 by Ford

[citizenB]

quick question ,

 

for my counter claim I am filling out the CI spreadsheet. do I claim CI from today or the date they sold the account on?

 

Geoff

 

Ok, it was help completing the spread that you required. I kind of think that you should have put in your counterclaim at the time you submitted your defence. But I will ask the question for you.

[citizenB]

Have you completed and submitted your AQ ?

[dx100uk]

you can levy Compound int from the date of each PENALTY charges

to the date they settle [ this will be in restitution]