Claimform Cabot old vanquis debt - Help urgently needed def in tomorrow!

[DesperateDebs]

Oh!!

And thank you to Vincent for the email address. .see i even forgot to mention that. .I am losing the plot

[Ganymede]

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.

[citizenB]

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.

[citizenB]

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

[dx100uk]

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

[citizenB]

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

[Ganymede]

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.

[DesperateDebs]

"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?

[AndyOrch]

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

[AndyOrch]

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

[dx100uk]

there you go

 

 

well done any yet again

 

 

get that sent via email unless MCOL is now working?

 

 

dx

[Ganymede]

"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?

[DesperateDebs]

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..

[DesperateDebs]

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

[Ganymede]

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.

[dx100uk]

have you now filed andyorchs defence now ok

 

 

dx

[DesperateDebs]

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..

[Ganymede]

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

 

Against who and for what?

 

Who was the PPI provider?

[dx100uk]

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

[DesperateDebs]

??? 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