Cabot Claimform - vanquis debt

[AndyOrch]

Either but MCOL is more secure and free.

[skyblue2027]

ok thanks Andy.i take it just a quick line advising no knowledge of debt asnd no proof received as per the doc s i have sent?

[AndyOrch]

Absolutely not it must be CPR compliant otherwise the court will reject it...read other threads /defences.

[skyblue2027]

hello, ady/dx.

 

Im trying to come up with the correct wording for my defence.

 

Looking at post

http://www.consumeractiongroup.co.uk/forum/showthread.php?428900-Just-had-a-baby-(Challenging)-..-Now-faced-with-Northampton-Claim-by-Lowell-Vanqius/page3

 

would i be going along the lines of post 56 in regards to my defence.

 

is there a preferable template to use?

 

A little concerned as the date is fast approaching.

 

also do i need to fill the N9 forms or just fill in MCOL?

 

Thanks in advance,

 

 

i really do appreciate the help even ig my questions seem to be a little lame!

[AndyOrch]

No such thing as a template defence sky.....claims/defences are as unique as DNA.

 

You dont fill in any forms if you are submitting on MCOL...how did you do your acknowledgement of service ?

 

Bring forward your particulars.... post the intended defence (above) and lets see if it can be adapted...you should only need to adapt points 1/2/3 of a defence the rest of the defence is applicable to most credit card/personal loan claim.

 

Andy

[skyblue2027]

acknowledged on MCOL. Will post the POC's later and attempt on typing defence.

[skyblue2027]

POC's are:

 

Agreement between Vanquis on or around 27/6/2007 and defendant.

The agreement agreed to issue the defendant with terms and conds set therein.

In breach of agreement the defendant failed to make minimum payments due and agreement was terminated.

 

agreement assigned to claimant on 23/2/11. claimant owes 550.

 

My defence - I am unsure of how to word so have attempted below.

 

Following my CPR31:14 request, the claimant has not responded within timescales so therefore has not fulfilled the request.

 

1 Following my request for copies of the agreement - i have not received as yet. I had several credit agreements around 2007/8.

2 The assignment - I do not remember receiving an assignment letter.

3 The default notice - as above.

 

As per beginning of this thread - another dca called CARS had the debt back in 2010 and offered a 50% saving

[skyblue2027]

sorry to bump up, defence needs to be in tomorrow,

 

can i ask for advise on my defence please?

 

thanks in advance

[dx100uk]

read here on threads

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

if they have not replied with an enforceable agreement etc etc

 

it will be the holding/no paperwork defence

detailed on most threads

 

BUT ADAPTED to YOU PoC

 

dx

[skyblue2027]

thanks DX. I have found a good piece on one of the threads which i will adapt. can i jut check all is inckuded please?

 

Your Particulars of Claim

 

 

1.By an agreement between Vanquis and the defendant on or around 27/06/2007 (the agreement) VANQ agreed to issue the defendant with a credit card upon the terms and conditions set out therein.

 

2.In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant on 23/2/11.

 

The claimant therefore owes £558.63

 

 

 

 

 

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. I have in the past had financial dealings with (Original Creditor) .

 

3. Paragraph 2 is denied I am unaware of ever receiving a Default Notice pursuant to the sec 88 of the CCA1974 or receiving further Notice of Sums in Arrears pursuant to the CCA2006.

 

4.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly dated 23/2/11 from either the Claimant or (Original Creditor).

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 Default Notice or Notice of Breach or Notice of Sums in Arrears.

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based.

 

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, as 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.

 

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.

Edited September 20, 2014 by Andyorch
Posters particulars added and tweaked.

[AndyOrch]

That will cover you nicely SB:wink:

 

Andy

[skyblue2027]

it was written by yours truly. many thanks.

 

will adapt and put on MCOL now

[AndyOrch]

Heavens forbid I thought it was good

[skyblue2027]

do i need to email MCOL my defence? i have logged on and cannot enter any data?

[AndyOrch]

Northampton was having problems with their software in which bars were in place for defendants to submit...you can email using the appropriate email addy.

[skyblue2027]

OK, ive found an email address. the daft password will not let me in online

 

[email protected]

 

Andy,

 

what do i put in for dates for the below please?

 

A/C;XXXXX AND THE CLAIMANT CLAIM XXXXXX. THE CLAIMANT ALSO CLAIMS interesticon PURSUANT TO S69county court ACT 1984 FROM XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO XXX

[AndyOrch]

You dont include the particulars with your defence...that is only for reference here on CAG when cross checking the defence.

 

They were your particulars ? not copied from the thread which contained the defence?

[skyblue2027]

ah ok, i will leave that paragraph out.

 

mine are: POCicon's are:

 

Agreement between Vanquis on or around 27/6/2007 and defendant.

The agreement agreed to issue the defendant with terms and conds set therein.

In breach of agreement the defendant failed to make minimum payments due and agreement was terminated.

 

agreement assigned to claimant on 23/2/11. claimant owes 550.

 

i take it i would jusgt put in particulars the account numbers and that is it?

[AndyOrch]

No ...just hold with that defence...when i stated that it was a good defence I assumed the particulars posted with it were yours.

 

Let me just do some rearranging.

 

Can you just type out again...verbatim your particulars of claim...the above is edited and makes no sense.

 

" The agreement agreed to issue the defendant ?

[skyblue2027]

by an agreement between Vanquis and the defendant on or around 27/06/2007

(the agreement) VANQ agreed to issue the defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 23/2/11.

The claimant therefore owes £558.63

 

court fee and sols fee also added

[AndyOrch]

Edited defence above....only include paragraph 2 if correct.... I am only assuming.

 

Andy

[skyblue2027]

thats brilliant. thanks andy

[AndyOrch]

[dx100uk]

thsnks andy

 

 

dx

[skyblue2027]

thanks to both of you - dx and andy. fully submitted. will keep updating