Lowell Claimform - old vanquis credit card debt***Claim Dismissed***

[Saj33]

Hi can someone delete claim form 3 please as i cant find the option to remove it, i will upload again removing the name.

 

I will update later this evening with answers to questions, thank you.

 

The last payment date was in september 2011 and the claim was registered march this year so the claim is not statue barred.

 

The scanned document is missing the 9, it has not scanned correctly.

Apologies for the confusion, i originally thought i made the last payment in 2013.

 

As they have not complied with the order,

do I resubmit my original defence but remove the evidence they have provided to date?

[Saj33]

Can anyone help? The order states i need to resubmit my defence and i am a little unsure of what i need to include

[dx100uk]

can you put up no'3 scans again please

[Saj33]

Hi,

 

As requested i have uploaded scan 3.

docs 1 .pdf

[dx100uk]

what is the date of the DN covering letter

[Saj33]

It is 14 oct 2011.

[dx100uk]

can I just resit something

 

 

by their own admission page 19 of upload docs1

they say last payment feb 2011

they issued the claim 14 Mar 2017

 

 

am I being thick here......

[Saj33]

Hi,

 

The scan hasnt come out very well on that page, the actual date of the last payment was 02 sept 2011. So the claim was registered within 6 years.

[dx100uk]

ok thanks.

[Saj33]

Hi,

 

Do you think i need to amend my defence?

[dx100uk]

you've blanked out dates what date have you to file

[Saj33]

I have to file on tuesday next week.

[dx100uk]

you mean the third

[Saj33]

Yes the third, i have to post a copy to the courts and to the claimants solicitors on the 2nd of oct.

 

So should i update my defence to include the information provided to date?

[dx100uk]

OK hopefully Andy will clarify

I would guess you do though

So knock one up so Andy can advise too in its wording

[Saj33]

Hi,

 

Please see a drafy copy of my defence in response to the order by the courts, i am not sure if this is correct,

 

i have taken to approach to highlight the fact that the claimant has not complied with the order:

 

IN THE county court

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

 

(NAME) – Defendant

 

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

 

1 Paragraph 1 is noted. I have had an agreement in the past with Vanquis Bank Plc but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

 

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

3 On the xx/xx/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

4 As per the order dated xx/xx/xxxx, the claimant has failed to provide copy statements in support of the breakdown of how the amount claimed has been calculated.

 

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

 

6 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.

 

7 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.

[dx100uk]

They are still in default of the order...no breakdown as they cant supply statements.

 

 

Need to inc the above and ack that they have responded to a degree

[Saj33]

I have amended points 3 and 4 to include the below:

 

 

3 On the xx/xx/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has provided some documents in response to the order dated xx/xx/xxxx.

 

4 As per the order dated xx/xx/xxxx, the claimant is in default of the order as they are unable to provide a breakdown/copy statements to how the amount claimed has been calculated.

[dx100uk]

Copy statements that appear to originate from some system the claimant has and not from the original creditor and do not look like any known vanquis statements

 

They are unnamed and show no specific reference they are from any alleged account linked to the defendant in anyway. (Is there a hidden link redacted??)

 

They show random unspecified transactions mainly concerning train tickets,flowers and a mobile phone payment. Are they dated?

[Saj33]

There is no hidden link, the transactions are dated from what i can see.

 

Should i include what you have written in your last post,

?

[dx100uk]

It says 4 digits of card

 

do they match the number in the POC?

[Saj33]

The form states last 4 account digits, but the form actually has 3 numbers. The account may have been an old natwest account that i had. The bamk details are not on the POC.

[Saj33]

Please see update defence below:

 

IN THE county court

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VS

(NAME) – Defendant

 

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

 

1 Paragraph 1 is noted. I have had an agreement in the past with Vanquis Bank Plc but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

 

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

3 On the xx/xx/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has provided some documents in response to the order dated xx/xx/xxxx.

 

4 As per the order dated xx/xx/xxxx, the claimant is in default of the order as they are unable to provide a breakdown/original copy statements to how the amount claimed has been calculated.

 

5 The copy statements provided appear to originate from some system the claimant has and not from the original creditor and do not look like any known vanquis statements.

 

6 The copy statements are unnamed and show no specific reference they are from any alleged account linked to the defendant in anyway.

 

7 They show random unspecified transactions mainly concerning train tickets,flowers and a mobile phone payment.

 

8 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, 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 Act 1974.

 

10 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.

[Saj33]

I have now posted the above, hopefully all is ok.

[AndyOrch]

That will suffice Saj...you can expand further if it proceeds to witness statement stage.

 

 

Andy