Lowell/carter claimform - Vanquis 'debt'***Claim Discontinued***

[Doingmybest]

Hi there,

Received a claim form from Lowell via Bryan Carter this morning.

 

 

Going to acknowledge the form and send the CPR 31.14 request but wondered if there was any more I need to do at this stage.

 

 

Do I also do a CCA request or is that included in the CPR 31.14?

 

thanks in advance

 

Name of the Claimant ? Lowell Portfolio

Date of issue – 24 March 2015

 

 

What is the claim for – the reason they have issued the claim?

 

 

The claimants claim is for the sum of £2840.41.

Being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974

between the defendant and Vanquis under account reference xxxx

and assigned to the claimant on 01/07/2014, notice of which has been given to the defendant.

 

The defendant failed to to maintain contractual repayment under the terms of the agreement

and a default notice has been served which has not been complied with.

 

And the claimant claims £2840.41

 

The claimant also claims satatutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum

from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to £164.99

What is the value of the claim? £3005.40 court fee £185, sol costs £80 total £3270.40

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? 2011

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. assigned to Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? I can't remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment? Not sure but probably late 2012 early 2013

 

Was there a dispute with the original creditor that remains unresolved? No dispute but I did do a CCA request which was ignored.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No management plan but I did inform Vanquis of my difficulties

[dx100uk]

yes send a cca request to lowells

£1 blank PO

don't sign anything

 

 

you might get luck

issue here is this is post apr 2007 agreement

so a recon will suffice

[Doingmybest]

yes send a cca request to lowells

£1 blank PO

don't sign anything

 

 

 

you might get luck

issue here is this is post apr 2007 agreement

so a recon will suffice

 

Thanks dx

[Doingmybest]

Hi.

 

 

I've checked with Royal mail and the CCA request and the CPR 31.14 have been received and signed for.

 

 

I guess I just sit and wait for their responses

 

 

.I received a letter from Bryan Carter on Friday informing me that they had gone to court

 

 

and that I will have a judgement against me etc,

 

 

Is this usual and do I need to respond?

[Old Cogger]

Gone to court or may go to court?????

[AndyOrch]

Only issued the claim 7 days ago...just follow the procedure and ignore their letter.

 

Andy

[Doingmybest]

Okay, so what ever happens I'll make sure my defence is submitted by the 27th April.

[AndyOrch]

25th April (33 days from and including the date as day 1 on the summons)

[Doingmybest]

Thanks Andy. I will do a draft a few days before and post it up.

[AndyOrch]

[Doingmybest]

Morning.

 

Received a reply to the CPR 31.14

 

 

which just says that they've got proof of everything I've asked

 

 

but don't have to provide it which makes no sense to me

 

 

- I thought the point was that they had to provide these things

 

What is a deed of novation?

[Old Cogger]

Their usual we do not have to, another missive, until allocated they should but do not!

[Old Cogger]

A Deed of Novation is used where one party transfers its rights and obligations under a contract to another party. A novation usually happens when the seller of a business transfers the contracts with his customers to the buyer. The consent of all three parties - the transferee, the transferor and the other contracting party - is required to effect the novation.

[Bazooka Boo]

He's a vile man, he really is.

[AndyOrch]

All rather pointless really because they will have to disclose everything if they wish to proceed to trial.

 

 

In most cases you will get this type of response to a CPR 31.14 request on a small claim track claim..

...the bit he does not understand that at this stage the claim is trackless and therefore CPR 31 does apply.

 

 

..it is a presumption although it is inevitable

 

 

..but at least you have requested it and they are failing to comply.

 

 

..which comes in very handy for your defence.

 

Andy

[Doingmybest]

Okay thanks all.

[Doingmybest]

Okay, so after lot's of reading I've think I've got my defence sorted. Please have a look and let me know if it's okay. It has to be in on the 25th.

 

The particulars of the claim are as follows:

 

1. The Claimant claims the sum of 2840.41 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Vanquis.

 

2. The Defendant's account number was************* and was assigned to the Claimant on 01/07/2014 notice of this has been provided to the Defendant.

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the consumer credit Act 1974.

 

4. The Claimant claims the sum of 2840.41 and costs. The Claimant has complied, as far necessary, with the pre-action conduct practice direction.

 

Proposed 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 from a vague recollection I have had financial dealing with VANQUIS in the past but I am unaware what the claimants refer to, in particular or the account number in question. I have never been contacted by VANQUIS with regards to any alleged outstanding monies. – I remember disputing penalty charges on the account and asking them to explain the balance at the time I went into arrears but they did not get back to me. – I don’t know if this is relevant here or how to word it.

 

3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. Paragraph 3 is denied. If true what is denied is that I have never been contacted with regards to payment since any alleged assignment.

 

5. It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not.

 

6. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim.

 

7. Notwithstanding the above a request was made under the customer credit Act 1974,by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

 

A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has responded that, they will not provide the Deed of Assignment as it contains “commercially sensitive information”.

 

8. It is therefore not accepted 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 with the Claimant; and

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

c) Evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

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

 

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

 

9. 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.

 

10. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

11. 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.

[dx100uk]

bit waffly and repetitive

[Doingmybest]

Hi, I've read through it again and will reword point 4 of the defence and lose 5;4.

 

 

Paragraph 3 is denied.

If true what is denied is that I have never been contacted with regards to payment since any alleged assignment.

 

 

It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974.

 

 

As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not.

 

 

Point 2 will be changed to:

 

 

2. Paragraph 1 is noted from a vague recollection I have had financial dealing with VANQUIS in the past

but I am unaware what the claimants refer to, in particular or the account number in question.

 

 

I will leave out the other bits as not sure how to word that the account was in dispute.

 

 

Can't really see what more to add or remove.

Any ideas?

[dx100uk]

ok well post it up

and put their poc at the top again

so we can check it properly

 

 

dx

[Doingmybest]

Okay will do it later as I'm having problems with the spacing for some reason.

[dx100uk]

copy and paste from NOTEPAD not a word processor program

[Doingmybest]

I've done some more reading and headed what you have said dx and changed it again;

 

 

The particulars of the claim are as follows:

 

1. The Claimant claims the sum of 2840.41 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Vanquis.

 

2. The Defendant's account number was************* and was assigned to the Claimant on 01/07/2014 notice of this has been provided to the Defendant.

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the consumer crediticon Act 1974.

 

 

Proposed Defence

 

1. Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.

 

2. Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied It is not accepted 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 with the original creditor; and

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

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

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

 

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

 

5.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

[AndyOrch]

Your 1 & 3 responses do not adequately answer/respond the claimants particulars of same Doingmybest...rest of the defence is sufficient.

 

Regards

 

Andy

[Doingmybest]

Hi Andy,is this better?

 

 

The particulars of the claim are as follows:

 

 

1. The Claimant claims the sum of 2840.41 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Vanquis.

 

 

2. The Defendant's account number was************* and was assigned to the Claimant on 01/07/2014 notice of this has been provided to the Defendant.

 

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement

and the default notice has been served pursuant to the consumer credit Act 1974.

 

 

Proposed 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 had financial dealing with VANQUIS in the past but I am unaware what account the claimants refers to.

I have never been contacted by VANQUIS with regards to any alleged outstanding monies.

 

 

3.Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

 

4.Paragraph 3 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

 

As an Assignee of this alleged debt the claimant would not be in a position to state whether one had been served or not, therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the original creditor; and

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

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) 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.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

 

 

7.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement

and other documents on which the Claimant claim relies upon.

 

 

8.Until such time the claimant can comply with the above sec 78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Edited April 23, 2015 by Andyorch
Amended.