Lowell /BW Court Claim old vanqius card debt Help Please

[Blondmusic]

Found this on a thread you advised on Andyorch.

 

DEFENCE

 

1. It is admitted that I the defendant have held accounts with Vanquis under account number xxxxxxxxxxxxxxxxxxxx. in the past but will contend that all balances have been cleared.

 

2. The defendant has absolutely no knowledge of any debt residue and on the 4th of February 2014 requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has declined to respond within the deadline set.

 

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

4. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

9. For avoidance of doubt, the defendant is unable to plead effectively or a tall to the particulars of claim. Without further clarification/disclosure

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true.

Edited February 19, 2014 by Blondmusic
Got a date wrong!!

[Blondmusic]

Received a letter from BW Legal today dated the 15th of February and postmarked the 17th of Feb.

 

Dear Sir,

 

We refer to the above matter.

 

Thank you for your recent letter, the contents of which have been noted.

 

We are currently looking into some of the points raised and will respond further in due course with the requested documentation.

 

If you have any queries in the meantime, please do not hesitate to contact us.

 

Yours faithfully

 

 

 

BW Legal.

 

Are they stalling for time. Took them long enough to reply.

[AndyOrch]

What letter are they referring to....CPR request?

[Blondmusic]

Yes looks like it. I sent that with a CCA request on the 4th of Feb.

 

I want to know if the defence is ok?

[AndyOrch]

Ah ok it was just they referred to your letter rather than CPR. Yes defence looks good but you should also post the particulars in the same post to check that your numbers correspond to their claim.Does your 1/2/3 connect with theirs?

 

Andy

[Blondmusic]

Yes the numbers correspond with their claim. I will copy and paste it then change the account number

 

I have submitted the defence this morning. Now waiting for their reply.

[AndyOrch]

[Blondmusic]

Finally received a reply from BW Legal. Although they have not provided any documents that were requested in the CPR from the 4th of Feb nor the CCA requested on the same date.

 

Dated 26th of March 2014 they state

 

We write with reference to the above matter.

 

Our client intends to continue with the claim.

 

Accordingly, please find attached copy correspondence sent to court.

 

BW Legal.

 

Do we send a reply if so what can I send back? I was planning to send them a CCA Fail letter as they have never provided it within the statuary 12+2 working days.

[dx100uk]

you don't need to sent any failure letter.

 

or do anything in regard to their letter

you watch they'll offer a discount / out of court settlement soon.

 

they know they are going to fail.

 

dx

[Blondmusic]

Thanks DX. I was hoping that I could get the claim struck out if they do not send any paperwork.

[Jimmy The Saint]

Hi All ,

Hope your winning Blonde Music , sounds like you know what you are doing , please could you clarify what CPR 31:14 is , CPR , CCA ....... Thanks , apologies but im a wee bit slow when dealing with abbreviations !!

[Blondmusic]

U best start your own thread for those questions.

 

Received a Notice of Proposed Allocation to the Small Claims Track today. Is there anything we need to do? We have received nothing from the CCA request or the CPR request sent back in February!!

[AndyOrch]

Just make sure you complete and submit the Directions Questionnaire (N180) by the required date...serve a copy on the claimant.

 

Regards

 

Andy

[Blondmusic]

Ok. I can download the form and print it as the one they have provided is not a good copy. Do I have to send one to the court and one to BW Legal?

[AndyOrch]

Provided by who? The courts send out DQs.

[Blondmusic]

The court sent the Allocation to the small claims track. The forms were not well printed so I downloaded the form and printed it myself. I will send one copy of the N180 to BW Legal and the other to the Court. I will send them with proof of posting.

[Blondmusic]

Right I am back again. The claim has been transferred to my boyfriends local county court. He received a letter this morning.

 

Before the District Judge XXXXXX sitting at the County Court in (court name and address)

 

Upon reading the file

 

IT IS ORDERED THAT

 

1. By 4pm on 6 June 2014 the Claimant shall provide full particulars to the Defendant, and file in Court, of

 

(i) Each of the original creditors it is alleged the Defendant owes monies to

 

(ii) The sum of money it is alleged the Defendant owed to each such original creditors

 

(iii) The basis upon which it is alleged the Claimant has the right to recover the alleged debt.

 

2. The Defendant has permission to file an amended defence provided the same is filed and served by 4:00pm on 20 June 2014

 

3. Thereafter the claim will be allocated to the small claims track and further directions/notice of hearing issued.

 

Dated 16 May 2014

 

Is there anything we need to do? We have still not received a copy of the CCA or anything from the CPR request both of which were sent in February!!

[unclebulgaria67]

If it were me, I think I would send a recorded delivery letter to BW Legal with a copy of the Judges instructions, reminding them that the CPR 31.14 & CCA requests are still outstanding from February and I would enclose a copy of these requests. I would send a copy to the court and ask them to put it on file. The ball is then in BW Legal/Lowell court to provide the information that the Judge has asked them for and it will be noted that your requests are still outstanding.

[Blondmusic]

Yes that sounds like a good idea. If I print everything off tonight then I will post it tomorrow when I finish work

[AndyOrch]

I personally wouldnt chase any request.... they have had them and now they have the courts directions...they either disclose by the date stated or you make application to strike the claim out.

 

Why would you want to prompt them? ..they have also received the same directions.

 

Regards

 

Andy

[Blondmusic]

Ok I wont bother reminding them although I will ask the court to add the CCA request and CPR letters to the file.

[unclebulgaria67]

I personally wouldnt chase any request.... they have had them and now they have the courts directions...they either disclose by the date stated or you make application to strike the claim out.

 

Why would you want to prompt them? ..they have also received the same directions.

 

Regards

 

Andy

 

The Judge was not very specific what they wanted from the claimant e.g "By 4pm on 6 June 2014 the Claimant shall provide full particulars to the Defendant"

 

I was just thinking that it would be wise to make the claimant and Judge know of these outstanding requests If they don't supply them by 6/614, it would then be perhaps easier to apply for the strike out.

[AndyOrch]

IT IS ORDERED THAT

 

1. By 4pm on 6 June 2014 the Claimant shall provide full particulars to the Defendant, and file in Court, of

 

(i) Each of the original creditors it is alleged the Defendant owes monies to (Original creditors which require agreements)

 

(ii) The sum of money it is alleged the Defendant owed to each such original creditors (statements of accounts for each agreement)

 

(iii) The basis upon which it is alleged the Claimant has the right to recover the alleged debt. (Copies of the NoA possibly DoA)

 

Seems pretty clear to me what the court requires UB that they wont be able to comply and discontinue themselves:wink:

[Blondmusic]

Right we have gone past the 6th of June and heard nothing from BW Legal at all. What do we do now? Will I be able to have this struck out?

[AndyOrch]

Does it state on the order what would happen in the event they do not comply?