Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***

[rita777]

08/JUL/2014

 

Date of issue 8 + 19 days ( 5 day for service + 14 days to acknowledge) = 27 + 14 days to submit defence = 10/08/14 (33 days in total)

= 27/07/14 and , 10/08/2014

 

Ok Thanks ..... Also as someone advised above , How do i request that the hearing to be moved to my local court please ?

[dx100uk]

no midnight 9th

 

claimform date is day one of a total of 33 by 33 you MUSt file your defence

 

the claim will automatically be transferred to your local court

 

once you AOS and tick defend all

[rita777]

Oh ! ok Thanks

 

I would definitely submit long before then .

 

.. Also please sorry to be such a novice !!!

 

On the CPR 31.14 which I would be a sending to the Solicitor's address , .

 

.. where it states THEIR ADDRESS in the left hand side box,

 

am I to type the Solicitor's Address there or The Claimant's Address (Lowell ) ?

[dx100uk]

who is the sols?

 

carter or BW?

 

dx

[rita777]

Bw legal

[dx100uk]

cca to lowelss

cpr to BW

 

don't not sign them

 

leave the £1 PO blank for the CCA

 

you don't need one with the CPR.

 

use 1st class with proof of posting its free

 

dx

[rita777]

Ok Thanks ...

[rita777]

On the request list of the CPR 31.14 request ... line no. 4 ... "The termination of notice " ... .. should I leave this as it is? or delete ... as I can't see it on the Claim ?? please ? , and no.6 .. should I just put '' Any other related documents " ?

[rita777]

Thanks all

 

.. CCA and CPR requests , sent off today via royal mail trackable recorded delivery ..

 

Missed the 12.15pm post, but Guaranteed delivery by 1pm Tuesday 29/01/14 .

 

. Next is to start working on my Defence ..

 

. getting a bit excited now

[rita777]

Hello ..

. My defence deadline is 9th of August ,

 

so i believe i should submit by tomorrow Friday 08/08/14... .

 

. I have acknowledged and sent the CCA and CPR Requests to Lowell and BW legal but nothing from them yet ..

 

. Also is it alright to email my defence to the court ?

 

as i m still finding it difficult to log on to MCOL...

 

Could you please help with the Link of a defence template that i can work on please?

[dx100uk]

midnight sat

 

dx

[rita777]

UPDATE !!! I received a letter from BW Legal today

... stating that they received my CPR request on the 1st August.

 

.. I Quote

 

" We have now referred your request to our client,

Our client may have to refer your request to your original creditor.

 

We will seek to ensure that the information you have requested is provided within 12 working days,

however this is contingent on receiving the documentation from the original creditor within aforementioned timescale. I

 

n the meantime we await the completed INCOME AND EXPENDITURE form.

if you have any more questions please do not hesitate to contact this office on xxxxxxxx "

 

Income and expenditure ???

I clearly stated in the request that I am defending this claim, even on the acknowledgement, ..

. I do not understand what they are playing at ..

. I would be submitting my Defence to the court by midight Saturday 9th Aug..

 

Should I just ignore their request of the I & E

or Am i required to write

or do something about it ??

[renegadeimp]

Theyre doing their tricks again. They are a sol for hire. They dont care about whats right and wrong. They just want money. Youve likely been sent a standard form letter from them.

[dx100uk]

usual crap

 

you file the holding defence regardless by midnight sat

[rita777]

OK Thanks.. I would definitely submit my defence by deadline date ..

 

so should i just ignore their request ?

[AndyOrch]

I think they are referring to the N9a form Rita...admittance and offer (I&E)...bit presumptuous.

 

Andy

[rita777]

Ha .. thought so .. Sneaky ..... Thanks !

[rita777]

My defence for brian carter/lowell's /Vanquis 's submission is midnight tonight... I have tried checking through all posts as much as i can, but could only see the defence you kindly posted the template for another poster but his is a catalogue debt... and I would need the credit card defence template. Pls pls could you kindly post a template for me too? as i'm getting all sweaty and palpitating over this now..

[AndyOrch]

Edit to suit in particular 1/2/3 to match the claimants particulars.

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted although I am unaware of any assignment between the claimant and MBNA or what the account number in question refers to.The claimants particulars are vague spurious and lacking any precise reason or nature of claim.

 

3. Paragraph 2 is denied I am not aware of any assignment as stated above or any requests for payments.I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

 

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented form any enforcement during this lack of service.

 

4.Paragraph 3 is denied the Claimants have failed to plead the correct method of section 69 interest or any calculation at all.

 

5.Notwithstanding the above on receipt of the above claim a request for information pursuant to theconsumer credit Act (section 78) and CPR 31.14.The requests were made on 11th April 2014 by recorded delivery and signed for by the claimant on 14th April 2014. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

The claimant is therefore in default of the statuary 12 days.

 

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

 

7.On the alternative, 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 of the Law of Property Act and Section 82A of the consumer Credit Act 1974

 

It is denied with regards to the Defendant owing any alleged monies to Aktiv Kapital. The Claimant is put to strict proof to:

 

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

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

 

 

Edit to suit and copy and paste into MCOL and print your receipt as proof of submission.

 

Best of luck

 

Regards

 

Andy

[rita777]

wow ! scratching my head for not spotting this earlier !

 

BC stated in their letter that they received my request on the 1st of Aug 2014,

 

i ve just tracked it now on post office web .. it was actually delivered on the 29th july 2014

 

.. meaning today is the 12 days deadline for them to supply the list on my request .

 

. one more point to go on my defence tonight !

[rita777]

phew !!! ... Law is a profession i never dreamt to be ! lol ... with my little bahbah squealing every now and then .. Still having difficulties logging onto MCOL.. i managed to submit my defence via email to the court with the same email address given to me by a court staff to submit my acknowledgement. defence submitted at 23.58pm and i received an auto confirmation response at 23.59pm ...

 

Thanks to everyone for your support so far ! Please find below my Defence ..

 

With reference to the Particulars of Claim

DEFENCE

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted although I am unaware of any legal assignment or notice of assignment.

 

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. Paragraph 3 is denied the Claimants have failed to plead the correct method of section 69 interest or any calculation at all.

 

5. It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

6. Notwithstanding the above, on receipt of the above claim a legal request for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were sent to the Claimant and Solicitor both have failed to comply . The requests were made on 26th July 2014 by recorded delivery and signed for by the claimant on 29th July 2014. The claimant is therefore in default of the statutory 12 days and as such unable to request any relief until compliance.

 

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

 

 

8. Paragraph 1 is denied with regards to the Defendant owing any alleged monies, the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 14/section 78 and the Claimant is put to strict proof to :

 

 

 

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

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

9. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

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

 

11. For avoidance of doubt, the defendant is unable to plead effectively or at all 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

[rita777]

Oh dear!! Just realised that I didn't mention "paragraph 2 is denied on my defence ! Do I need to amend it before tomorrow ???? Someone HELP PLS .......

[citizenB]

I think perhaps it might be worth a phone call first thing in the morning...

[Ganymede]

Might struggle with that as it's too late now and you can't amend your Defence without the Court's permission.

[rita777]

Here is the Paragraph 2

 

; '' The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with ''

 

I HAVE TRIED TO READ THROUGH MY DEFENCE TO SEE IF I COVERED THE ABOVE AND JUST OMITTED TYPING ''PARAGRAPH 2 '' .. or does it have to be verbaltim ?

 

 

 

Gosh ! what have i done !!! i actually sent it via email because i am stlll having difficulties logging onto MCOL , i spoke to a court staff who gave me the email when i wanted to submit my acknowledgement.. and because the acknowledgement was also due on a saturday.. she said it would be alright if received on the following monday .. Though i ensured i submitted on that saturday ...

 

Would it not be ok if i email the amended , submit before tomorrow monday , and call the court up first thing tomorrow morning to clarify ?