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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
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landlords unsecured pers loan claimform - suing son as well as guarantors..

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can you please help me with the defence.

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As you haven’t filed your defence within the time allowed:

a) you can still do so, but

b) They can (until the court accepts a defence from you) seek summary judgment against you (which would be a shame as you have a pretty much cast iron guaranteed defence, if the info you have provided is correct and complete).

 

Your defence is that there was no contract between you, you never formally offered to act as a guarantor. Any payments you made were on a purely voluntary basis, and without either:

a) consideration allowing a contract to be formed, or

b) a deed setting out an agreement to pay,

there is no enforceable agreement making you responsible for any debt others may have incurred.

 

Edited by BazzaS

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thank you ill send this off today thank you so much.

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Let others comment too.

But don’t just hang around without end, either.

 

I see you had multiple posts warning you of the date the defence had to be in by.

I see you had multiple posts asking you to clarify the situation / post up (redacted) the letters from the court.

 

This is a self-help site. There is help available, but you also have to help people help you!

Edited by BazzaS

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sorry but this is the latest email i got. one other thing do i post this to the court registered post.

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hi, i have received the letter  from the court of;  directions questionnaire [ fast track and multi-track] forms.

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thanks andyorch, that is the one received. some help needed to fill in please.

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Its relatively self explanatory to complete...let the claimant submit directions you leave that blank...and no to mediation in Fast track as its not free there is a fee.

 

Post up anything your unsure of.

 

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

 

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Thanks Andy 

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slightly stuck on the form but dont know how to load the 6 pages form on here.

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Have a read of our upload guide, that has instructions.

 

HB


Illegitimi non carborundum

 

 

 

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No need to upload it...I have already done that post # 83.

 

Which sections do you not understand ?

 

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

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these are the ones which is confusing me, ; settlement , court, Pre-action protocols, Case management information, do i leave all these blank.

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Settlement tick yes A 1  &  2 and request a 1 month stay.


Court B2 State your local County Court as you are litigant in person.

 

Pre Action Protocol...did the the claimant serve a Notice of Claimaim or letter before claim on you before issuing the claim ?

If yes...tick yes...if he didnt tick no and reason .....the claimant failed to comply with pre Action Protocol.

 

Case Management D1 =no  D2 leave blank. 


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

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thank you. ill post this off.

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I would hold just yet ..you should receive a copy of the claimants N181...then you can compare and see if they have included draft directions.

 

What is the deadline to file ?


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

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need to post back 25th November. only problem im leaving uk for three weeks on Tuesday early morning. i come back on the 23rd November. 

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