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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claimform Cabot old vanquis debt - Help urgently needed def in tomorrow!


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Hi

In which case this makes a difference because the issue date is 30/07...and my last payment was July 2008 month end..therefore it could come down to the wire as to whether it is statute barred. ..is it up to me to prove it is or the claimant to prove it is not??

 

You need to check your own records very carefully.

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Particulars of claim verbatim

 

The claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and Vanquis dated on or about 23/07/2007

and assigned to the claimant on 19/01/2010 in the sum of 1021.65

 

Particulars a/c no:- ......

 

Date 30/06/2014 ITEM default balance Value 1021.65 Post Refrl CR Nil

 

Total 1021.65

 

I have brought the text of the particulars of claim forward for ease of reference.

 

The mistake Rita made in her defence was to miss out one of the statements in the draft defence that andyorch had provided for her (post #56 of the link I provided for you earlier)

 

In an ideal world it would be for the claimant to prove that their claim is not statute barred - however, you need to be reasonably certain that this is the case.

 

If you could establish at the very least when the last payment was made, the clock for SB would start ticking after the following month when you missed the first payment. From that point the creditor could then issue a Default Notice and take other action leading up to either selling the account on (which it did apparently) or issuing a claim in their own name.

 

From what I can see Vanquis didn't assign/sell the account until 2010 - do you recall receiving either a Default Notice or a Notice of Assignment the Default Notice would have been issued by the Original Creditor and the Notice of Assignment from either them or the new owner of the account.

 

If you could establish if this is more likely than not to be statute barred, then the defence for that is pretty simple.

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Having read back over your thread, you seem pretty certain that no payment was made after August of 2008 - which in my humble opinion (IMHO) means that it is unlikely to be statute barred :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think it might just be as easy to put in the SB defence regardless

let them work it out

 

 

include a line with ref to your poor health

and that you've not done a CCA cpr due to that?

 

 

andy / CB

 

 

good idea?

 

 

would at least sort the matter for now

 

 

giving time for the CCA/CPR?

 

 

as for a TEMPLETE THERE IS NOT ONE.

 

 

defences CANNOT be done via a template Each is diff

 

 

we'll get you sorted

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx, andyorch is subbed to the thread - so hopefully he will see this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think it might just be as easy to put in the SB defence regardless

let them work it out

 

 

include a line with ref to your poor health

and that you've not done a CCA cpr due to that?

 

 

andy / CB

 

 

good idea?

 

 

would at least sort the matter for now

 

 

giving time for the CCA/CPR?

 

 

as for a TEMPLETE THERE IS NOT ONE.

 

 

defences CANNOT be done via a template Each is diff

 

 

we'll get you sorted

 

What happens if it's not SB though?

 

The OP will be left with no defence.

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"In actuality the 6 year clock for simple contracts CCs and Unsecured Loans starts the day after the last payment was made, but it is often taken as the date the payment was due and not made, after which no further payment or written acknowledgment was made. This can be taken right to the actual day."

 

This was from Brigadier2JCS and also that the "SB clock stops when the court issue the claim."

 

The last payment was made July 2008, the court issued docs on 30/07/2014

 

This is why I am getting a bit confused, I also have been advised that to be SB it starts from the day the first payment is missed... you see guys, I'm not that great with this stuff, you could tell me the moon was made of cheese and I would believe it....

 

So in short, I want the judge to know that whilst I was in hospital after suffering a stroke which has left me with a permanent brain disorder that my husband did everything he could do but they were totally unhelpful in terms of blocking him by stating DPA prevented him speaking to them, he sent my hospital admission forms and discharge forms, a sick note from my GP, they would not accept copies, only originals and he sent them and they declared they never received them so he had to go and get original copies again and pay for them..

I received a default notice. i have only ever had one, it has been to more than one credit collector, I have never responded verbally or in writing to any attempts they have made to contact me as I firmly believe this debt should never have arisen, I paid for a year every month on time and paid for the insurance premium..

 

.when it came to claiming on that, they just made life hell as though they didn't want to assist, the insurance should have paid a percentage of the outstanding balance for 3 months and if the illness was deemed by a medical professional that illness would be longer than this then the outstanding balance should have been cleared, therefore this debt should not exist, I have not worked since my stroke and i have various much worse heath issues now.

 

I never use my health as an excuse but where it is applicable and the truth I am prepared to confirm anything that I can. Due to the extremely high levels of medication that I take, my memory is shocking. I have alerts on my phone to tell me to check the calender and alarms on email to check my electronic calender and my husband sends me texts every 3 hours to tell me to take my medication etc etc...so life is not a straight forward uphill battle as most peoples is its a bit more complex.......

 

If I write all that up there in a defence will that do? or do I have to provide legal paragraphs? I do want to pursue the line of statute barred, the worse thing that can happen is that they prove its not...but in the meantime i have the PPI to fall back on....what do you think ??? does that make sense?

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Particulars of claim verbatim

 

1.The claimant claims payment of the overdue balance due from the Defendant(s)under a contract between the Defendant(s) and Vanquis dated on or about 23/07/2007

 

2.assigned to the claimant on 19/01/2010 in the sum of 1021.65

 

Particulars a/c no:- ......

 

Date 30/06/2014 ITEM default balance Value 1021.65 Post Refrl CR Nil

 

Total 1021.65

 

Defence

 

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.Paragraph 1 is admitted I have in the past held an account with Vanquis for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim.As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. Paragraph 2 is denied I have no recollection of receiving a Notice of Assignment. The claimant has failed to issue any statements of account on how alleged sums owed were attained. The claimant has failed to provide any evidence of agreement/contract/breach as 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

© show evidence of service of Notice of Sums in Arrears

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

 

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

 

4. 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.

 

6. By reason of the facts and matters set out above and until such time that the claimant can evidence by disclosure of this agreement it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Regards

 

Andy

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Dont forget to ring Northampton in the morning to check its safe receipt.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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there you go

 

 

well done any yet again

 

 

get that sent via email unless MCOL is now working?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

"In actuality the 6 year clock for simple contracts CCs and Unsecured Loans starts the day after the last payment was made, but it is often taken as the date the payment was due and not made, after which no further payment or written acknowledgment was made. This can be taken right to the actual day."

 

This was from Brigadier2JCS and also that the "SB clock stops when the court issue the claim."

 

The last payment was made July 2008, the court issued docs on 30/07/2014

 

This is why I am getting a bit confused, I also have been advised that to be SB it starts from the day the first payment is missed... you see guys, I'm not that great with this stuff, you could tell me the moon was made of cheese and I would believe it....

 

So in short, I want the judge to know that whilst I was in hospital after suffering a stroke which has left me with a permanent brain disorder that my husband did everything he could do but they were totally unhelpful in terms of blocking him by stating DPA prevented him speaking to them, he sent my hospital admission forms and discharge forms, a sick note from my GP, they would not accept copies, only originals and he sent them and they declared they never received them so he had to go and get original copies again and pay for them..

I received a default notice. i have only ever had one, it has been to more than one credit collector, I have never responded verbally or in writing to any attempts they have made to contact me as I firmly believe this debt should never have arisen, I paid for a year every month on time and paid for the insurance premium..

 

.when it came to claiming on that, they just made life hell as though they didn't want to assist, the insurance should have paid a percentage of the outstanding balance for 3 months and if the illness was deemed by a medical professional that illness would be longer than this then the outstanding balance should have been cleared, therefore this debt should not exist, I have not worked since my stroke and i have various much worse heath issues now.

 

I never use my health as an excuse but where it is applicable and the truth I am prepared to confirm anything that I can. Due to the extremely high levels of medication that I take, my memory is shocking. I have alerts on my phone to tell me to check the calender and alarms on email to check my electronic calender and my husband sends me texts every 3 hours to tell me to take my medication etc etc...so life is not a straight forward uphill battle as most peoples is its a bit more complex.......

 

If I write all that up there in a defence will that do? or do I have to provide legal paragraphs? I do want to pursue the line of statute barred, the worse thing that can happen is that they prove its not...but in the meantime i have the PPI to fall back on....what do you think ??? does that make sense?

 

Hi, after you got ill did you contact the insurance company to make a claim on the policy? Were they formally notified?

 

What exactly did they say about making payments or paying off the debt etc?

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Hi.

I didn't notify as I was unable.

 

 

I was not in a fit state and in hospital for 7 months.

 

 

My husband contacted vanquis who said they couldn't speak to him due to DPA but if he sent a letter signed by me

and ORIGINAL hospital admission letter and sick note from GP then they would forward those on my behalf.

 

 

They then sent a form out with the instructions on what to send and an explanation if what was paid

which was the minimum percentage payment for up to 3 months to prevent the account going into arrears

and if the illness was to go on longer than 6 months the balance would be cleared.

 

 

My husband sent originals off .

..got a default notice.

 

 

he rang and said about the insurance and docs.

 

 

They said they never received. .

 

 

He went and got originals again and paid for them as vanquis would not accept copies

and sent them off with the form.

 

 

.heard nothing til a collection to on agency letter came through. .

 

 

.i was too ill to care or worry about it and hence I'm at this stage now..

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Quick update

I have phoned MCOL..spoke to Ron. He has lifted the bar and given me until tomorrow to post a defence and also said I could email my defence.

Explained I emailed last night.

 

Advice for all.*******make sure DEFENCE is in the subject line.

 

If defence is not in the subject line then it will not be dealt with by a human being it will be dealt with by a computer.

 

He has said to email again with defence in the subject line and call tomorrow morning and check if it's been received.

 

 

Thanks guys

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Hi. I didn't notify as I was unable. I was not in a fit state and in hospital for 7 months. My husband contacted vanquis who said they couldn't speak to him due to DPA but if he sent a letter signed by me and ORIGINAL hospital admission letter and sick note from GP then they would forward those on my behalf. They then sent a form out with the instructions on what to send and an explanation if what was paid which was the minimum percentage payment for up to 3 months to prevent the account going into arrears and if the illness was to go on longer than 6 months the balance would be cleared. My husband sent originals off ...got a default notice.he rang and said about the insurance and docs. They said they never received. .He went and got originals again and paid for them as vanquis would not accept copies and sent them off with the form. .heard nothing til a collection to on agency letter came through. ..i was too ill to care or worry about it and hence I'm at this stage now..

 

I would not be happy relying you much on the insurance side of things if you never formally put in a claim.

 

I appreciate that you were ill but it was for you to properly initiate the claim with the insurers.

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have you now filed andyorchs defence now ok

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

I am in the process because the bar has been lifted, I am wondering whether to counter claim?

 

In answer to the previous post about me needing to properly initiate an insurance claim..when I said I was unable, I meant physically, I had no memory, couldn't walk, talk or feed myself, pretty impossible to initiate a claim given that I didn't know who I was, which is the reason my husband did it on my behalf. The insurance form required my signature, Vanquis advised my husband to send the docs in and they would do the rest, I am campaigning still to have the law changed for people in the same situation as my husband, he could not access my bank, my details, my accounts for anything and this was down to DPA, he could not get power of attorney as I needed to be of sound mind, I wasnt...he was stuck, I am sure there are millions of people that find themselves in this situation daily and its wrong that we are penalised for the rest of our time in scenarios like this..

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as has been said numerous times you cannot counterclaim at this stage

 

 

just file what andy sent.

 

 

it would also help your cause to read other threads here

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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??? I have never mentioned a counterclaim before.

 

 

..so why it has been said numerous times I am unsure,

 

 

I know I'm not the brightest bulb in the pack but I am not a total T pot.

 

 

and I have submitted the defence that Andy kindly supplied.... Thanks

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