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stevie19772

Vanquis card Court Claim - lowell solicitors***Claim Dismissed***

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hi I have a court date with these regarding a supposed debt with vanquis card, it has gone through all the channels and ive defended the claim etc.

 

I agreed to mediation but couldn't as I have been given no CCA or notice of the debt being passed to Lowell. so its gone to the small claims track and a date set in july that's if Lowell pay the court fees next month.

 

I have requested a copy of CCA and any paperwork to do with the debt passing to Lowell, so far all I have received is a vague copy of an online credit card application with a covering letter stating that shortly after an account was opened

 

. I don't think this is enough for them to win in court as without a copy of CCA it should not be enforceable, am I correct?

 

please let me know if you can help and if you need any more information/

thanks

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Please will you post up the claim form in PDF format and also following the claim form link, post up the answers to the questions there.

 

Please also post up the defence which you have filed also in PDF format – assuming that you have reached that stage


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Thread moved to Financial Legal Issues Forum..please continue to post here.

 

Thread title amended

 

Regards

 

Andy


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hi this is the claim form sent against me, I cant find a copy of my defence as I did this online, is it correct that I havnt been sent a copy of the defence by the court?

I have also uploaded the `notice of allocation to small track claims hearing`

 

this is the only reply I have had from Lowell since defending the claim the credit card application

 

they also sent the notice of default which I have attached but they have not as yet proved any of the figures or how Lowell came by the debt

 

hi apologies please find attached as one pdf I hope this is better?

Docs1.pdf

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wheres the default notice

where are the T&C's and the signed agreement?

that's and application form devoid of prescribed terms...all bogroll


please don't hit Quote...just type we know what we said earlier..

 

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hi My apologies this was the default notice sent along and no they havnt sent any signed agreement with t and c`s and according to the letter from vanquis I think this Is all they have.

 

They also provided a so called bank statement which isn't headed and just has a list of payments in and out without any running total!

 

They only have until the 7th june to pay the court fee so should I just sit tight and see if it goes any further, my gut feeling is this letter from Lowell is the last chance scare tactic ?

thanks

default notice.pdf

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stevie

no being funny here but this is 3 times now

what part of REDACT your uploads do you not understand

 

the agreement number is showing twice!!

and so is your post code..

 

do you seriously want then to know you are seeking advice here ?


please don't hit Quote...just type we know what we said earlier..

 

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you should still be preparing your witness statement regardless

100's here already


please don't hit Quote...just type we know what we said earlier..

 

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What date is the hearing ?


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5th july


please don't hit Quote...just type we know what we said earlier..

 

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Hi

I have had the witness statement come through from these, with their evidence?!

still no copy of the CCA and I have asked them for it again.

 

to sum up they are saying that the application is proof of entering in to an agreement even though there is no copy of signature.

 

I have noticed that the card statements they have provided have no running total and only one page is headed so therefore to me the transactions could be anything

 

am I correct in thinking that they should all be headed official statements not just a paper with transactions on?

 

I have noticed that the copy of the default notice shows a balance less than as letter from Lowell notice of assignment.

 

They have also sent 2 letters with the text attached

1.pdf

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Why have you asked again for the credit agreement ?


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hi, because they denied being asked for it before

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scan up all the WS please inc exhibits to one multipage PDF

read upload [don't need all the statement just one as an example]


please don't hit Quote...just type we know what we said earlier..

 

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hi, because they denied being asked for it before

 

Well of course they denied ...they are hardly going to admit they did get your request and they dont have it...thats why you send your request with recorded proof.


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this is the witness statement, one page of the statements and the other documents they have sent

Document6.pdf

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i'll turn me screen 90% later and read it!!

 

scrub that you can redo it

what did we say about redaction on the UPLOAD guide?

ive hidden that.

 

and your defence please that you filed

was ask for in post 4


please don't hit Quote...just type we know what we said earlier..

 

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I don't have a copy of my defence will try and get it from the court tomorrow as they never sent me a copy, was filed online

claimant WS.pdf

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so where is the signed agreement they say they have?


please don't hit Quote...just type we know what we said earlier..

 

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they don't have one, they seem to state that a copy of the digital signature and application constitutes the agreement.

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no they clearly state in their WS they have a SIGNED AGREEMENT!!


please don't hit Quote...just type we know what we said earlier..

 

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whereabouts? as they have not provided one

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says FiA pages 1-3 you've not uploaded them.


please don't hit Quote...just type we know what we said earlier..

 

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please see post 5 this is the 3 pages of what they refer to the digital signature and application.

1st is a letter from vanquish

and the next 2 are the application but no agreement

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