Lowell PAP LOC now claimform - Vanquis+Talk Talk

[belgarion22]

I need copies of paperwork to prove with talk talk the data breach and the charges on my vanquis debt

[dx100uk]

Not your problem they wont disclose

 

Holding/no paperwork defence

In many threads here

[belgarion22]

Hi

 

I have started to put my defence together, below is the one for talktalk not sure what to do about vanquis

 

!. Talk Talk Ltd

 

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.

 

2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failing to respond to completed Response pack. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. It is admitted that I have entered into a supply and service agreement with Talk Talk Ltd in the past. However from July 2015 my supplier was switched to British Telecom. Due to a data breach at Talk Talk exposing my personal information to hackers.

 

4.Furthermore, the claimant has given no details as to the breakdown of their claim, so the defendant is unable to defend specifically.

 

5. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore, their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

 

With the court’s permission the Claimant is put to strict proof to:-

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed ;

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

[dx100uk]

eh?

 

its one claimform..one defence both debts

 

[belgarion22]

so just add details about consumer credit agreement?

[belgarion22]

1. The claim comprises the following agreements the defendant entered into

a. Talk Talk telecom Ltd with reference (Account Number) and current balance 485.

b. Vanquis Bank with reference (Card Number) current balance 596

 

2.The agreements were terminated as payments were not maintained and subsequently assigned to claimant.

 

 

3.and the claimant claims.

a) the total of the said sums being 1080.

b) interest pursuant to s69 county courts act 1984 at the interest rate of 8% per annum from the date of assignment to the date of issue. but limited to one year, being 7

C) Costs

 

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.

 

2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failing to respond to completed Response pack. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3.It is admitted that I have entered into Consumer Credit agreement with Vanquis Bank Ltd.

 

4.Furthermore, the claimant has given no details as to the breakdown of their claim, so the defendant is unable to defend specifically

 

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 with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
.
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 82A of the consumer credit Act 1974.
.
7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

[dx100uk]

ive added the POC above

you need to admit/deny/note each.

 

failure to comply with CCA 

failure to comply with CPR

list what was done dated for each debt.

PAP is immaterial

 

use our holding defence.

 

[belgarion22]

So I need to add that I deny both debts and that I sent the CPR to them 

 

Not sure what the holding defence is cant find it on a serach 

 

 

[dx100uk]

adapt so you mention both claimed debts..

and add you have made repeated requests for info since pap loc and they've not suffciently replied.

 

 

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.

 

 2. Paragraph 1 is noted. I have in the past had an agreement with Vanquish but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

 5. On receipt of the claim formicon, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 

 

 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 a) show how the Defendant has entered into an agreement and;
 b) show how the Defendant has reached the amount claimed for and;
 c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974
 d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

 9. 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

 

 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.