Lowell claimform - old vanquis card debt - opps used CPR 18 - help theyve complied!!

[dx100uk]

you can email it don't sweat

[dx100uk]

have you registered with mcol website since you got the claimform?

[AndyOrch]

I'm really worried that I'm running out of time as my defence has to be in my 4pm on Monday. Do the courts give an extention or are they strict to the date and time?

 

It will be done by Monday Lunch...you will have to email it to the court if your not local to your county court...

 

Andy

[macker16]

I'm registered on the mccol website as this is how i submitted my first defence

but didn't know if i could still sumbit my amended defence through the website as it's now transferred to my local court.

My local court is 30 miles away.

[macker16]

Hi

 

Please see the attached particulars of claim

 

Thanks in advance

 

Macker16

 

edit for ease I've typed it out:

 

1. the consumer entered into a consumer credit agreement with vanquish under account reference number XXXXXX

 

2. the defendant failed to maintain the required payments and a default notice was served and not complied with

 

3. the agreement was later assigned to the claimant on 31/08/2016 and notice given to the defendant

 

4. despite repeated requests for payment.

the sum of £3,605.53 remains due and outstanding

And the claimant claims

a) the said sum of £3,605.53

b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue.

accruing at a daily rate of £0.790, but

limited to one year, being £222.85

c) costs

 

dx

Particulars of claim.pdf

[macker16]

Hi

 

Further to a recent post it was mentioned about the mcol site,

i have just logged into the mcol site and can't find anywhere that allows me to submit an amended defence....

...help......

.starting to panic now as my letters from the local court dont have an email address either?

 

Kind regards

 

Macker16

[AndyOrch]

You dont submit your amended defence through MCOL...it must be emailed or posted to your local county court.

 

You really must stop panicking

 

https://courttribunalfinder.service.gov.uk/courts/lincoln-county-court-and-family-court

 

Regards

 

Andy

[Guest]

Hi

 

Further to a recent post it was mentioned about the mcol site, i have just logged into the mcol site and can't find anywhere that allows me to submit an amended defence.......help.......starting to panic now as my letters from the local court dont have an email address either?

 

Kind regards

 

Macker16

as its gone to yr court, you'll need to file there.

see if its address can be found here, re courtfinder link therein. email guidance also.

https://www.justice.gov.uk/courts/email-guidance#wheresend

[macker16]

Hi

 

I've now found the emails addresses, take it that it needs to be sent to the mediation one as the only other options are Family, Listings and Enquiries? Thanks again for your help

 

Macker16

[Guest]

i wld think re 'listing' (hearings@) if thats whats next.

[AndyOrch]

Ring them in the morning and confirm which one.

[macker16]

I'll phone them in the morning, thanks again.

[AndyOrch]

Particulars of Claim (for reference only do not submit with your defence)

 

1. the consumer entered into a consumer credit agreement with vanquish under account reference number XXXXXX

 

2. the defendant failed to maintain the required payments and a default notice was served and not complied with

 

3. the agreement was later assigned to the claimant on 31/08/2016 and notice given to the defendant

 

Despite repeated requests for payment the sum of £3,605.53 remains due and outstanding

And the claimant claims

 

a) the said sum of £3,605.53

b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue.

accruing at a daily rate of £0.790, but

limited to one year, being £222.85

c) costs

 

 

In the Lincoln County Court Claim no. XXXXXXXX

 

Between :-

 

Claimant XXXXXXXX

 

And

 

Defendant XXXXXXXX

 

Further to my initial defence dated xxxxxxx and pursuant to the court order dated xxxxxxxx

 

 

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.

 

Further to my initial defence dated xxth xxxxxx 2017 and pursuant to the court order dated xxth October 2017 I now submit an amended defence after making an application pursuant to CPR 18 dated the 4th July 2017 requesting the claimant was ordered to provide disclosure of the documents its claim relied upon.

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Vanquis Credit Cards in the past. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant for further details by way of CPR 18 and a section 78 request.

 

3. In its compliance with the order dated 20th October 2017 the claimant was ordered to provide inter alia the Original Loan Agreement, a full summary of how the amount claimed in the proceedings was calculated.A copy of the Notice of Assignment and a copy of the Default Notice served at the time of any breach.

 

4.The Claimant has provided a summary of the alleged debt along with the Notice of Assignment and a copy of the Default Notice pursuant to section 87.1 of the CCA1974.

 

5.With regards to Original Loan Agreement the claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1.....

 

(za)section 55(2) (disclosure of information), or

 

(a)section 65(1) (improperly executed agreements)

 

And is also devoid of any Terms and Conditions.

 

6.It is therefore respectfully requested that the claimants claim is struck out pursuant to the above and subject to the court order dated 20th October 2017 for none compliance.

 

STATEMENT OF TRUTH

 

The contents of my statement are true to the best of my knowledge and belief.

 

Signed XXXXXXXX

 

Dated this day……………………..2017

[macker16]

Hi

 

Firstly, thank you so much Andy for uploading the amended defence. I have put in the dates, can you check that i have put in the correct date for October as i didn't know if i go by the date at the top of the court order or the date by which Lowell had to submit the evidence.

(

Further to my initial defence dated 13 July 2017 and pursuant to the court order dated 2 November 2017. (top of letter says 6 November bottom says 2 November)

 

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.

 

Further to my initial defence dated 13 July 2017 and pursuant to the court order dated 20 October 2017. I now submit an amended defence after making an application pursuant to CPR 18 dated the 4 July 2017. requesting the claimant was ordered to provide disclosure of the documents its claim relied upon.

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Vanquis Credit Cards in the past. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant for further details by way of CPR 18 and a section 78 request.

 

3. In its compliance with the order dated 20th October 2017 the claimant was ordered to provide inter alia the Original Loan Agreement, a full summary of how the amount claimed in the proceedings was calculated. A copy of the Notice of Assignment and a copy of the Default Notice served at the time of any breach.

 

4.The Claimant has provided a summary of the alleged debt along with the Notice of Assignment and a copy of the Default Notice pursuant to section 87.1 of the CCA1974.

 

5.With regards to Original Loan Agreement the claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1.....

 

(za)section 55(2) (disclosure of information), or

 

(a)section 65(1) (improperly executed agreements)

 

And also devoid of any Terms and Conditions.

 

6.It is therefore respectfully requested that the claimants claim is struck out pursuant to the above and subject to the court order dated 20th October 2017 for non-compliance.

 

 

Kind regards

 

Macker16

[dx100uk]

your defence ordered date [pdf post 18]

[AndyOrch]

Dates at the top of the Orders

[macker16]

Sorry for being thick but amended defence refers to an October date which is why i though it was the letter Lowells got in October asking for evidence.

 

I got an letter in November asking for amended defence, top of letter says 6 November, bottom says 2 November which date do i put and is this the date that goes in No 1?

 

Many thanks

Macker16

 

Sorry delay in messages and didn't see your response Andy saying to put date at the top of the court order.

Edited November 20, 2017 by macker16
Duplicate question

[AndyOrch]

Further to my initial defence dated 13 July 2017 and pursuant to the court order dated 2 November 2017. (top of letter says 6 November bottom says 2 November)

 

The order that tells you the defendant to submit an amended defence by....( Date covered up in PDF post 18 )...

[macker16]

Is this correct and ok to send now?

 

Further to my initial defence dated 13 July 2017 and pursuant to the court order dated 6 November 2017.

 

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.

 

Pursuant to the court order dated 6 November 2017. *I now submit an amended defence after making an application pursuant to CPR 18 dated the

4 July 2017 requesting the claimant was ordered to provide disclosure of the documents its claim relied upon.

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Vanquis Credit Cards in the past. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant for further details by way of CPR 18 and a section 78 request.

 

3. In its compliance with the order dated 20th October 2017 the claimant was ordered to provide inter alia the Original Credit Agreement, a full summary of how the amount claimed in the proceedings was calculated. A copy of the Notice of Assignment and a copy of the Default Notice served at the time of any breach.

 

4. The Claimant has provided a summary of the alleged debt along with the Notice of Assignment and a copy of the Default Notice pursuant to section 87.1 of the CCA1974.

 

5. With regards to Original Credit Agreement the claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1.....

 

(za)section 55(2) (disclosure of information), or

 

(a)section 65(1) (improperly executed agreements)

 

And also devoid of any Terms and Conditions.

 

6. It is therefore respectfully requested that the claimants claim is struck out pursuant to the above and subject to the court order dated

20th October 2017 for non-compliance.

 

STATEMENT OF TRUTH

 

The content of my statements are true to the best of my knowledge and belief.

[AndyOrch]

[macker16]

Thanks Andy, now going to email to the courts and send a copy in the post to Lowells. Wish me luck and i know i've already said it but thanks again for all your help.

 

I'll keep you updated

 

Macker16

[macker16]

Hi

 

I have received the below response from the courts, will sending it by email be accepted as i clicked on the links and none of what i read made any sense?

 

Kind regards

Macker16

 

Thank you for your email, which has been received by the Lincoln County Court. We will endeavour to respond to your email within 5 working days.

 

Please note that if you are filing a document by email to any of Lincoln County Court’s external customer facing email accounts, it is your responsibility to ensure it complies with the CPR Rules and the Court User Email Guidance. In particular the total size of the email must not exceed 2MB; statement of witnesses must not exceed 10 pages or the 2MB limit. In addition, a party must not use email to take any step which requires a fee to be paid, unless it is an urgent matter and an explanation for the urgency is given.

Note: Trial Bundles must not be filed by email

Please refer to:

Civil Procedure Rules Practice Direction 5B – (Electronic Communication & Filing of Documents)

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/practice_directions/pd_part05b.htm

And

Court User Email Guidance

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/emailing/court-email-guidance.htm

Any emails that are received in these accounts that do not comply with the rules and guidance will be automatically rejected and the sender will not be notified that their email is unacceptable.

 

Quick Links

Money Claim Guidance

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/index.htm

Forms

http://www.justice.gov.uk/global/forms/hmcts/index.htm

Fees

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/fees/index.htm

Court Information

http://hmctscourtfinder.justice.gov.uk/HMCTS/

Insolvency

http://www.insolvency.gov.uk

 

Court staff are not legally qualified. If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter. You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau. You can also contact Community Legal Advice for free legal advice on 0845 345 4345 or via their website at http://www.communitylegaladvice.org.uk/

 

This message is automatically generated; please do not reply to this message.

 

Thank you.

[Guest]

did you comply with the email guidance (i posted it #36 prior to you sending)

if you complied, then it shouldn't be 'auto rejected'

[macker16]

I sent it to my local county court email address, i tried for over an email to speak to an operator to confirm which email address it should go to but the automated message kept saying all operaters are busy and then hangs up so i emailed it to enquires and listings.

 

Now panicking as the amended defence only has my name typed under the Statement of Truth.........gotta feeling i've now messed this up!

Edited November 21, 2017 by macker16
Forgot to add something

[Guest]

but did you comply with formalities re the needed form, details/content/structure etc of the email

if so, it should be accepted (as you asked), and not auto rejected.