Lowell/Cohen got sneaky CCJ on Vanquis Card 'debt'

[mercyblue]

"The Defendant has an arguable defence if The Defendant is permitted to submit it.

It would be in the interests of justice to set aside the Judgment and allow The Defendant to present a defence case."

 

As has already been pointed out you need to show you have some sort of valid defence at the set aside hearing. All that is going to happen is that the judge will ask you well what is the defence then? You cant exactly reply well am not telling you till you give me a set aside!

[pcforum1]

Defence will be proof of bad postal service plus non-compliance with the CPR and CCA requests.

[martin2006]

If the cpr was sent after the judgement then theres nothing for them to comply with as judgment has been obtained

If your friend had moved and docs were sent to an old address then you coukd possibly argue your friend had no opportunity to defend but then if he moved and didnt inform them of his new address, he would be at fault.

 

It would help enormously if you could put things in chronological order so we can see exactly whats happened and when

[dx100uk]

what address is on the claimform?

 

 

is his correct address?

[pcforum1]

1. 11th Jan 2016 Received a letter from Cohen demanding £1800.00 within the next 7 days (Letter dated 5th Jan 2016)
   
2. 16th Jan 2016 Received misdelivered and damaged letter presumably from a neighbour in the street.
   This letter is a claim form pack sent from Northampton CC dated 8th December 2015
   Logged into MCOL but judgment was already given on the 14th of Jan 2016.
   Option to set aside judgment.
   CCA and CPR sent to Lowell and Cohen using recorded delivery.
   
3. 22nd Jan 2016 Cohen acknowledged CPR letter.
   
4. 8th March 2016 An application to set aside (remove) judgment was submitted to the court with the following defence:
   "An Order to set Judgment aside for the reason that the Defendant did not receive notice of the proceedings. Royal Mail failed to deliver the court claim to The Defendant's address in good time as it was misdelivered. There is a history of Royal Mail failing to meet acceptable standards of delivery and the Defendant has many complaints registered with Royal Mail. The Defendant has an arguable defence if The Defendant is permitted to submit it. It would be in the interests of justice to set asideicon the Judgment and allow The Defendant to present a defence case."
   
5. 16th March received "Notice of Hearing of Application" for setting aside judgment in May 2016.
   Claim transferred to the local county court.
   

The postal address on the claim is correct, but Royal Mail misdelivered it (along with many other postal items over a 12 month period).

[martin2006]

Inbetween now and may you will have to construct a defence to present to the judge, so along with non receipt of claimform, which is a small part of the defence, will you be defending on the basis of no paperwok/holding?

 

I am assuming here that lowells did not supply a credit agreement after the CCA request

[pcforum1]

Construct a defence for setting aside or construct a defence to defend the claim?

 

Lowells did not supply a credit agreement after the CCA request.

[AndyOrch]

Construct a defence for setting aside or construct a defence to defend the claim?

 

Lowells did not supply a credit agreement after the CCA request.

 

Its one and the same..

[martin2006]

Lowells then are in default of a statutory request, so, in addition to the postal issue, which i wouldnt elaborate too much on you then continue your defence in the same vein as 100's of other previous credit card defences. Holding/no paperwork.

As Andy points out its one defence for set aside and defending the claim

 

Hope that's clear, now you need to read up on how your defence should look

[pcforum1]

Setting aside the judgment was successful today.

 

 

Cohen claims to have all the paperwork including a statement which was dated yesterday.

 

 

Judge was unhappy with their timing and even more unhappy with the cheek of the solicitor

to ask for his expenses to be paid for today by the defendant!

The defendant "shouldn't be penalised" and that an arguable defence appears valid.

 

 

Cohen started to whine about not having enough time to comply with the new order (needing to go back to Vanquis)

and the defendant trying to win on a technicality.

The defence stated that they had more than enough time to sort out paperwork.

 

Cohen given 4 weeks to submit all the valid paperwork,

loan agreement, assignment, statement of the defendants account,

by filing at court and serving on the defendant, including the dubious "notice of default".

(A copy of the default notice AND evidence of service of the default notice)

 

Defendant given 2 weeks on top of that to submit a "fully particularised defence".

 

Regarding the evidence of service of the default notice,

does that mean a postal tracking service?

 

 

Does it mean when Vanquis should have sent it out by recorded delivery?

Or does that mean that a copy of it has to be sent out by recorded delivery within 4 weeks from today?

[AndyOrch]

Well done PC.....

 

I doubt they will be able to comply and most probably discontinue.

 

Regards

 

Andy

[dx100uk]

well done.

there is no need for the creditor to send the default notice

by any other means than normal post, even 2nd class

as long as they give enough time before the defaulted date for it to arrive.

all they have to 'record' is that one was sent say in the account comms log.

[pcforum1]

Well the date the court set to submit the docs by the claimant has passed and I am not in receipt of any docs that was supposed to be served to the defendant and the court. No special deliveries, no recorded, no tracking.

Could they have sent it to the court and not the defendant and still be valid?

What happens next?

[AndyOrch]

Check with the court ...see if they have complied with them..if not ask for it to be struck out.

[pcforum1]

Although it was set aside, I did ask for it to be struck out, due to non paperwork etc. and awaited confirmation on request.

Just recently the CCJ returned again as there was another hearing which I was completely unaware of and as such there was nobody to defend the claim, so judgment in default.

What can I do now? this is totally unfair.

[AndyOrch]

How can they get judgment if they failed to comply with the courts directions of the previous hearing.......why did you not receive notification of the following hearing ?

[pcforum1]

How can they get judgment if they failed to comply with the courts directions of the previous hearing.......why did you not receive notification of the following hearing ?

I received nothing about any hearing or any date or any information about the status. Just have the letter with "defendant not attending".

[AndyOrch]

I received nothing about any hearing or any date or any information about the status. Just have the letter with "defendant not attending".

 

Do you intend to challenge it ? You could hardly attend if not informed

[pcforum1]

Yes of course! They haven't complied with any valid paper requests. What form do I need to fill in?

[AndyOrch]

Well to set a side you make application using the N244...there is a fee of £255 with hearing...unless you qualify for exemption....but I would be putting a spin on this of a court procedural error...and therefore they should correct it of their own accord.

 

You need to enquire with the court if the claimant complied with the directions stated at the last hearing dated xxxxxxx.Did the court type up a further order stipulating the directions ? Why did you not receive notification of any Order or Hearing date?

 

Once you have the above information we can look at if further...but you need to act quickly and look at the options stated on the Notice of Judgment ( I assume you have received this to know they have a CCJ?)

[pcforum1]

I have already filled in N244 some months ago, got the judgement set aside previously.

So I can just fill another N244 and get is set aside again?

[AndyOrch]

What options if any does it allow on your Notice of Judgment?

[pcforum1]

No options given on the letter.

[AndyOrch]

No option to set a side or vary ? ...strange

[pcforum1]

A hearing next week for setting aside again.

 

I have finally received some papers from lowell:

1. vanquis digital sign appl

2. default notice

3. account history with last payment made march 2010

4. notice of assignment

 

The biggest *problem* here is that the default notice is a sample notice with generic template information and no personal information.

 

As I understand it,

the default notice has to have been served to the defendant back in 2010.

Lowell in the past 12 months cannot produce a copy of the original default notice.

The defendant has never received a default notice either.

 

Also the notice of assignment raises concerns to.

There are 2 separate letters,

one from purporting to be from vanquis

the other from lowell.

 

Both are dated the same date and both have foot notes that have exactly the same wording and font.

 

Even the form/letter number is coded very similar and in the same style.

The opening hours on the vanquis letter are omitted/blank.

There is also no vanquis logo.

 

As it stands is my defence resting heavy on the failure to supply a copy of the original default notice?

 

Is that enough to strike out the claim?