Lowell and vanquis issues summons county court help!!!

[citizenB]

In respect of counterclaiming. I was correct, you should have made any counter claim at the time of submitting your defence as a "part 20" claim.

 

If you wish to do this after submitting your defence you will need to make an application to the court for permission - there is a fee for this and also a risk of further costs.

[finlander]

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

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

 

In respect of counterclaiming. I was correct, you should have made any counter claim at the time of submitting your defence as a "part 20" claim.

 

If you wish to do this after submitting your defence you will need to make an application to the court for permission - there is a fee for this and also a risk of further costs.

 

 

thanks for this folks your all helping alot.

sorry I havnt been here but its all been a bit of a nightmare.

we have just had a misscarriage and ive had to take my dad for his cancer treatment.

all in all a rubbish sept.

 

So back to the fight. can i just confirm

 

1. yes I can counter claim but I will need to wait for the court to be allocated and then ask which ever judge I get. I understand I will have to pqy

2. Its from the date the charge was levied to the date i submit my papers and then 8% from then on until the court date or they walk away

(Im happy with evryone walking away as this is my last contestable debt)

3. what form do I use for the counterclaim?

 

cheers folks your all a great help at this time

 

Geoff

[Guest]

condolences

as i understand you have the aq, but not returned yet? is this small claims, or?

as you didn't do one with your defence looks like you would need the courts permission.

can the aq include request for such permission? otherwise, prob in form such as n244.

in any case, once permission then would need to file particulars of the counterclaim (cpr 20.4)

see post #68

double check

Edited September 21, 2013 by Ford

[dx100uk]

CISheet v101.xls

 

put their int rate in cell d 15

 

dx

[finlander]

condolences

as i understand you have the aq, but not returned yet? is this small claims, or?

as you didn't do one with your defence looks like you would need the courts permission.

can the aq include request for such permission? otherwise, prob in form such as n244.

in any case, once permission then would need to file particulars of the counterclaim (cpr 20.4)

see post #68

double check

 

i have returned the AQ as it had to be in by the 16th.

It is the small claims track.

 

the defence is that I have had an account with vanquis but they wont send me any paperwork to prove that the account has a CCA , or a default notice etc..

. They havent sent anything.

It is now awaiting allocation to the local court.

 

However I have now had a chance to go through all the paperwork sent and have found a number of late payment etc charges and these have been put in the CI calculator.

if they apply upto the date that vanquis sold the account it comes to about £700.

 

If they apply upto the date of settlement, for instance the begining of my claim being lodeged it comes to £2600 .

 

The balance being sought by lowells is £2400.

 

Now bearing in mind there was no paperwork prior to defence having to be submitted

I am hoping I can apply to the judge, when it is allocated one, to counter claim now that the account info has been supplied.

 

im not bothered about getting ny excess money out of vanquis or lowells I just would be happy with them walking away.

[Guest]

ok. they prob won't have an actual copy of your dn (even if one was actually sent), but they would ordinarily need to show on balance that one was sent, and was compliant. though without any proof to the contrary it may be difficult to rebut compliance assuming j accepts one was sent. does the sar info come up with their comms logs re things in/out?

as for original agreement paperwork, maybe they don't have any, which could be also one reason for their non reply to your cpr request (it being small claims could be another).

check with andyorch etc re doing your counter claim etc.

Edited September 23, 2013 by Ford

[Guest]

just to add, you mention poss having to amend defence as well. afaik, this can be done with the consent of the claimant if they agree, and if they don't consent then with the courts permission. cpr 17. nb poss costs consequences may ensue.

[finlander]

Hi, ok some important questions and some help please. It all went quiet for a while after I was told it was being sent to my local court. I havn't filed a counter claim yet as I was told by the bulk court to do nothing until I heard from my local court. That was about a month ago. Anyway today a lot of papers arrive from the Chelmsford county court. they state that the hearing will be on the 19th december at the small claims court. Right the thing i need help with is the following. 1.What form do I use to send to the court for a counter claim and if claiming for compound interest am I claiming for restitution? 2.If so any idea where I could find particulars of cliam for that. they are just penaltycharges (late payment etc) pretty standard and I have done the CI sheet. 3. I take it i agree to mediation? But also I would like to get the counterclaim in before that starts as it will give me a bit more leverage 4.What documents do I have to send them? All I have is the SAR they sent me and the original letters asking for the account to be suspended due to finincial hardship (wife lost job) all ignored. Then the CCA request then the debt not acknowledged letter. All pretty much ignored. only one answered was the CCa request with aphotocopy ot t&c's. 5.Can I ask for disclosure order from the judge as they still havnt sent a CCA even with the SAR request and I still have never seen one. If so what form do I use? Please help as the deadline is now approaching Geoff

[finlander]

ok Im going to go the n whatever it is asking for disclosure and ppermission to counter claim.

[finlander]

Defendant is asking the court to make an order for the following.

 

The defendant seeks the disclosure and the production of a verified and legible copy of each of the following documents mentioned in the Particulars of Claim:

 

1: the original signed credit agreement as regulated by the Consumer Credit Act 1974. If the document relied on is a document bearing an electronic signature then the defendant requests that there is verifiable proof that this document is linked to the defendant and contains all of the prescribed terms.

 

2: the document assignment showing the claimant has a right to enforce this agreement

 

3: statement of account or statements showing how the amount being claimed has accrued. This statement should include any default/penalty payments.

 

4: default notice The Claimant was asked by letter (recorded delivery) on the 16th June 2013 for copies of this document in order that the claimant could file a defence. They refused to provide copies of these documents. It is impossible for the defendant to mount any comprehensive defence unless these documents are made available for inspection. The Claimants Particulars of claim are vague and give no details regarding these documents, how or where they were signed, the contents or indeed if the claimant has any right to enforce any alleged debt.

 

The defendant maintains that without the ability to mount a comprehensive defence then the interests of justice are not being served and requests that if these documents are not supplied within 28 days this action is without merit and the claimants case should be struck out. The defendant also requests that the court allow the defendant a stay of 28 days in order to file a counter claim against the defendant. The reasons for this are as follows; The Claimant brought this case against the defendant and supplied no supporting documentation before filing their claim.

 

The defendant was compelled to acknowledge the service within strict time limits and file a defence with only vague and limited information. In the meantime the defendant made a Subject Access Request under the Data Protection Act in order to obtain details of this account. This request took approximately 28 days to arrive. After that time the defendant has had time to study the account details and now believes that the Claimant has levied unjust penalty charges on the account and charged a rate of compound interest at 29%.

 

The defendant maintains that this constitutes unjust enrichment by the claimant and wishes to claim these monies back from the claimant. The amount of money the defendant wishes to claim is £2500 which is more than being claimed by the claimant.

 

It is requested that the court orders a stay of 28 days in order that the claimant may be compelled to disclose the above documents and that the defendant be allowed to file a counter claim against the Claimant.

Edited November 14, 2013 by citizenB
formatting

[citizenB]

Point 4 - the default notice - was this requested by "letter" or by way of CPR31.14 ?

 

Aside from which, it is most unlikely you would receive a copy as these are templates with the account holder's details inserted.

 

They could provide a "sample", but that would not prove there was any incorrect information or non compliance with the mandatory/statutory requirements.

 

The best they could do, I would think, would be to provide evidence by way of their communication logs that one was printed / sent.

[citizenB]

finlander, we are not quite sure what you are asking of us. Are you wanting to submit an application to force the opposition to disclose documents to you ?

[finlander]

sorry prob not being clear.

 

The default notice was requested as part of the disclousre and so was the credit agreement.

 

Nothing has been sent .

 

No reply

 

What Im trying to do is avoid being ambushed by being sent all these documents as part of the claimants bundle 14 days before court.

 

Im trying to get the judge to say give him the docs now and give him time to study them.

 

I am hoping to get some disclosure before hand as at the moment they have disclosed nothing.

 

That makes defending very difficult.

 

Also I want to ask the judge for permission to counter claim.

 

I couldnt earlier because I didnt have the account information until recently.

 

When I spoke to MCOL they said wait until a judge is allocated then ask him.

 

What I need to know is how to ask him?

 

Geoff

[Guest]

.........

Also I want to ask the judge for permission to counter claim.

 

I couldnt earlier because I didnt have the account information until recently.

 

When I spoke to MCOL they said wait until a judge is allocated then ask him.

 

What I need to know is how to ask him?

 

Geoff

 

 

see civil procedure rule part 20.4 etc and associated Practice Direction 20 para 1.1, 1.2, 2.1 etc ie if permission is required then via an 'application notice' including the (now) 'additional claim'?