Jump to content


  • Tweets

  • Posts

    • The Defendant contends that the particulars of claim vague and are 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.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
  • Our picks

cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1212 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

DQ arrived, will fill it in and send it recorded tomorrow.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Duplicate.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Sending it off today. I hope I did it right, I need to be a Lay Representative for him but didn't mention it on the DQ, I assume "witness" means something else.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Witness is 1 cheddar...himself...for you to assist and speak you will have to request permission of your local county court.

 

Andy


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
Witness is 1 cheddar...himself...for you to assist and speak you will have to request permission of your local county court.

 

Andy

 

Oh! I see, "including yourself"! Derp. Ok so wtiness 1 is the boyfriend so I'll put 1 and if we get a hearing date I'll write to the court asking if I can be his Lay Rep and why.

 

What about mediation, there's no way he can speak on the phone, that's even worse then in person for him. I can't find anything about representing someone at mediation, only at hearings.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

I cant see a problem with you relaying the details by telephone on his behalf...again just tell the mediator the reasons why.


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Awesome, thanks Andy!


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

It was sent 2nd Class Recorded on the 10th

Royal Mail say the barcode isn't valid even though I have a receipt for it.

 

Nothing on MCOL to say they have got my DQ

it was sent to me 3 weeks ago

 

I'm waiting on someone at Royal Mail to get back to me.

 

What can I do if it's been lost?

 

Send another?

 

Can I use a blank form printed out?

 

Do I need to contact the court?

 

This is seriously the last thing I need after spending a week severely ill and I'm still not well. :(


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

don't panic mr Mannering

 

 

phone the court and ask...

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
don't panic mr Mannering

 

 

phone the court and ask...

 

 

dx

 

Thanks, I'll give em a bell in the morning. Blegh. Shall let you know what they say ^_^


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Was ill most of the night, slept most the day so didn't get to ring Nothampton, looked on Royal Mails Twitter to see if they had replied to me, it seems Track & Trace was broken. Looked again and it was signed for on 11th March. It just doesn't show on the MCOL.

 

Waiting game again.

 

:)


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Cheddar...submission of your DQ does not appear on MCOL until a Notice of Allocation is served...this transfers the claim to your local county court and sets the directions you must comply with....once this is received MCOL will show the claim has been transferred out.

 

Andy


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
Cheddar...submission of your DQ does not appear on MCOL until a Notice of Allocation is served...this transfers the claim to your local county court and sets the directions you must comply with....once this is received MCOL will show the claim has been transferred out.

 

Andy

 

Yet I just had another look at MCOL and it states:

 

"You filed a DQ on 19/03/2016"

 

I guess that was added on today. I wonder if Lowlifes have sent theirs in, guess we don't get to see that bit lol.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Bump your thread when you receive your Notice of Allocation.


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Got a bill from Lowlifes Solicitors and a copy of their DQ. Was I supposed to send one to them?

 

They also put "0" in the section of how many witnesses including them will show at court. Is that an admittance that they won't turn up? Seems odd to me.

 

Sorry if I'm not to be asking questions until I get the allocation. I'm just curious.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites
Got a bill from Lowlifes Solicitors and a copy of their DQ. Was I supposed to send one to them? Bill for what.?..the claim has not even been allocated to track yet

 

They also put "0" in the section of how many witnesses including them will show at court. Is that an admittance that they won't turn up? Seems odd to me. No they went to the same skool as Mr Carter..same maths teacher:-)

Sorry if I'm not to be asking questions until I get the allocation. I'm just curious.

No problem ask away

 

Andy


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
:lol:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

LOL!! Yeah I remember Mr Carter. They just made the letter look like a bill tbh, very dodgy, it has the body of a letter and then details on the debt on the right with the amount in bold which is now over £300.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

So a statement of account ...not a bill?


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Probably yeah, I managed to get a quick look of it as I was going out the door. Sorry, I didn't word myself correctly.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Had a look on MCOL last night, shows claimant filed DQ on 02/04/16.

 

Nothing else has happened as yet :)


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Have you received your DQ and filed also cheddar ?


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
Have you received your DQ and filed also cheddar ?

 

Yup. Current state on MCOL:

 

Claim Status

A claim was issued against you on 11/01/2016

Your acknowledgment of service was submitted on 14/01/2016 at 21:15:13

Your acknowledgment of service was received on 15/01/2016 at 08:02:10

Your defence was submitted on 28/01/2016 at 16:05:07

Your defence was received on 29/01/2016 at 08:01:41

DQ sent to you on 01/03/2016

You filed a DQ on 19/03/2016

DQ filed by claimant on 02/04/2016


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

So they (Claimants Sols) have not served a copy on you...did you send them a copy of yours?


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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
So they (Claimants Sols) have not served a copy on you...did you send them a copy of yours?

 

See #65. They sent me a copy of their DQ but unfortunately no, I didn't send them a copy of mine, bit late now :/


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...