Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***

[syphor]

Hi guys,

 

Just quick update on this,

 

 

I have received nothing from Lowell and only the letter posted previously by Carter.

 

 

So from what I can establish from reading other threads it's time to prepare my defence.

Would it be better to submit this right on the end date or sooner?

 

Also I am not sure if it matters but when looking on my Noddle report the account number is different from the one quoted on here.

 

Thanks for all your help

[syphor]

Hi folks,

 

I have put this together editing previous defences from the site. Can you let you know what you think please.

 

POC

 

1.the claimants claim is for the sum of 1869.27 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 xxxxxxx

and assigned to the claimant on 05/09/2014, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has not been complied with.

 

and the claimant claims 1897.27

 

the claimant also claims statutory interest pursuant to s.69 of the county act 1984

at a rate of 8% per annum from the date o assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to 145.44

 

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

 

2. Paragraph 1 is denied with regards to an amount due under an agreement.The Claimant/Solicitor has failed to disclose any agreement/s or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a letter acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 01.09.2015.

 

I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have received a letter acknowledging my request. To date they have failed to supply the documents and remain in default. This was posted on the 01.09.2015.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

(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, it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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 Section136 of the Law of Property Act and Section 82A of the consumer credit Act1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to

[AndyOrch]

[syphor]

Thanks Andy, when am I best off submitting this?

 

Also I really do Appreciate this and I will be donating to the site whatever the outcome.

[AndyOrch]

Post #42 Syphor.

[syphor]

Sorry I was meaning should I leave until the 28th of September or should I do it before?

[AndyOrch]

I would allow a little more time,in case they respond to your CCA request......but you could submit it next weekend (Friday 25th)

[syphor]

All alarms/alerts set for next Friday.

 

Thanks

[syphor]

Still nothing, I am going to submit this via email first thing tomorrow

[dx100uk]

why via email?

 

 

you should be using MCOL website

 

 

dx

[syphor]

I spoke with the county court as I didn't make a note of my login they told me I could submit by email.

 

Now I have been trying to ring them all day and the phones are down.

 

The website says to email this address

[email protected] will that be ok?

[Old Cogger]

yes

[syphor]

Just a quick update guys, defence has been filed and awaiting a response. Hold tight!

[dx100uk]

Well done

 

Dx

[syphor]

Hi guys,

 

yesterday I received the standard from letter for Carter inviting me into negotiations, telling me the court advises you too and I should seek legal advice.

 

Am I correct that I need to reply to this reiterate the previous letters that they have not responded to as per my defence?

 

Thanks again

[Old Cogger]

No - just another churned out please give us some money, see other threads same old system of deluge of letters during claim, see what he sends next. if he has not as in most cases not supplied documents etc then he is on a hiding and knows it.

[syphor]

Great! So just hold tight!

[syphor]

Hi guys,

 

Today I have received a letter from the County Court Business Centre.

 

Notice of Proposed Allocation to the Small Claims Track.

 

Enclosed is a directions questionnaire and form about mediation (EX730)

 

Could you help me with what I am best doing next.

 

Thanks Ian

[theoldrouge]

You agree to mediation and to Small Claims Track... the rest is pretty much self explanatory

 

Standard procedure

[syphor]

Hi Guys,

 

Today i have received 2 separate letters:-

 

1 - is a copy of the small claims track questionnaire completed by Carter (agreeing to mediation), does this mean that when I complete mine I need to send him a copy?

 

2 - a reply to my defence which states the account number, date of default and when it was assigned to Lowell and states I would have received notice of assignment around that time. It also refers me to my own records for a copy of the agreement. It then goes on to say that they are going proceeding with the claim and are willing to enter in negations under the tomlim act and invite me to call their office.

 

So basically they haven't provided anything, however am I best contacting them as the court will see this favourably?

 

Thanks again, Ian

[dx100uk]

2. is a std response if you read other carter threads

safe to ignore

 

 

1. yes him and court

[syphor]

Thanks DX, you're the man

[syphor]

Hi guys, I now have a letter from the court with a telephone mediation date, is there anything I should do?

[dx100uk]

you'll prob get a call from the mediation team

explain you have received no paperwork from carter at all

[syphor]

Hi guys, just a quick update.

 

 

I have had the mediation call where I explained I had no paperwork.

 

 

Now it has been considered by a judge and allocated to small claims court.

 

 

It is asking me to pay £170,

 

 

what's my best option here?

 

 

Is this normal?

 

Thanks for your help as ever.

 

Ian