Lowell Vanquis CCJ - now letter threatening bailiffs

[AndyOrch]

what do you mean I'm unsure what's happening now?

 

Nothing to concern yourself...just keep your eye on your defence due date.

[andrew1402]

Not done the court thing yet though as my wife doesn't want to defend all she's scared

[AndyOrch]

Scared of what ? being declined for further credit when your get your CCJ for 6 years?

[andrew1402]

going to court itself

[AndyOrch]

99.9% of the claims don't get to court here...as long as you defend them.....don't defend and you will get a CCJ..that's 100% probability...but its your choice.

[andrew1402]

what happens if (Lowell solicitors) they can't get the documents from original creditor?

[AndyOrch]

what happens if (Lowell solicitors) they can't get the documents from original creditor?

 

Then they don't have any evidence to what their claim relies upon.

[andrew1402]

Then they dont have any evidence to what their claim relies upon.

which in this case probably not it's Lowell lol

 

how long do they have to get the document's?

[dx100uk]

by the time you have to file your defence

by 4pm Monday 11th

[andrew1402]

by the time you have to file your defence

by 4pm Monday 11th

that's looking pretty unlikely then right?

[jaycwl]

I did the same as you Andrew in end of march mate and I'm still waiting for my copies now!

 

I have done some reading (which I advise you to do) a

nd it seems these companies buy up old hard to enforce debt for tiny amounts,

hoping people simply don't defend them.

 

 

The ones that do defend,

the claimant tend to run the full court process,

then fail when the documents are required,

hoping you crack and pay them before hand.

 

 

Buy I am a newbie so if I'm wrong these guys will keep you on track lol

 

and have you acknowledged service on mcol Andrew ?

just ive not seen it in your thread?

[dx100uk]

jaycwl you learn the truth quick!!

[andrew1402]

hi jay no I haven't yet acknowledged service yet but will do now thanks guys

[dx100uk]

what!!

you were told to do that ASAP 14th june??!!

 

 

you've missed it now!!

[jaycwl]

Would this be a suitable defence for him guys or am I in way over my head lol I just want to help out if I can

 

 

 

 

(1) issue date on claim form 09 June 2016..

 

(2)The Defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference (Blank)for security reasons I left that out ('the Agreement')

 

(3)The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

(4) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.

 

(5)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.

 

 

And the Claimant claims

(a)The said sum of £1,597.56

(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 £0.350,

but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.

 

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

 

4. Paragraph 4 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, this was returned with the statutory fee of £1

 

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.

[dx100uk]

have they returned the CCA £1 and refused it?

 

 

you cant just copy and paste random defences simply guessing....

[jaycwl]

ah will leave that to you guys In the future then running before I could walk lol, thanks but it seem to late for him anyway now if he never acknowledged the claim is it ?

[dx100uk]

i'd be going up on mcol NOW!!

[andrew1402]

I must of missed that one dx when the my original post got moved

[dx100uk]

Not done the court thing yet though as my wife doesn't want to defend all she's scared

 

 

you didn't miss it..

 

 

and you also mentioned about doing it on the 15th june end of post too

 

 

go try now

[andrew1402]

which one do I do AOS, or response forms?

[dx100uk]

response forms?

 

 

log in to mcol

hit AOS

defend all

leave juris unticked

exit mcol

[andrew1402]

do I confirm I read acknowledgement tick that and iam defendant? it's on next page

 

there is 5 pages

 

also do I sign at the bottom??

[dx100uk]

forget the PAPER CLAIMFORM.

 

 

go up on the MCOL website

 

 

dx

[jaycwl]

just tick the acknowledgement of service Andrew, and leave jurisdiction unticked. You don't need the defence yet, these guys will sort that for you. Just don't panic take it slow read it all then it will make sense.