Lowell Vanquis CCJ - now letter threatening bailiffs

[andrew1402]

you have lost me now

[jaycwl]

moneyclaim.gov.uk then sign your case up using the case number then do the acknowledgement of service on there

[andrew1402]

do I just save it at page 3 on the online form and then exit and don't carry on to pg 5 as that's confirmation?

 

jay I'm on the moneyclaim.gov website gone on to to acknowledge of service then pg 2 of this is personal details and page 3 intention- the options defend all or part and jurisdician pg 4 summary and pg confirmation of acknowledge of service

[jaycwl]

I cant remember the full process mate as I'm only new myself but if you are on the acknowledgement of service then yeah just do as it says all the way through

[andrew1402]

this is where I'm confused as you guys said to exit on pg3

[jaycwl]

yeah that's it mate just go right through that you want to defend and leave jurisdiction unticked then go right to the end and confirm

[andrew1402]

Done that now what?

 

CPR has been sent a while ago and posted on here the Solicitors response

 

also sent cca to portfolio too same time

[dx100uk]

you have until Monday 4pm

 

what I would do now is

type in Lowell claimform card debt

into the search cag box of the red top toolbar

 

that will give you various no paperwork/holding defences

 

have a go [like what jaycwl posted ]

 

and we'll check it

 

 

dx

[andrew1402]

jays seem pretty much how I see my defence though which I know he copied with my details from a claim back in December 2013, I never like copying but his seems like a great defence for this

[dx100uk]

yes its very close but ofcourse needs aligning to their POC.

 

 

the issue is..

you NEED to understand WHY/WHAT you are replying too.

not just copy and paste.

 

 

dx

[andrew1402]

I do understand what I'm replying too and why

and jays defence seems to cover it paragraph by paragraph

 

as to what they are trying to claim

 

without any kind of proof of the debt

only figures they could of easily made up

 

hence why I need the original copies of the agreement

with the original amount owed and any signatures agreeing to this I'm I right?

 

I'm not that good at this sort of thing

[AndyOrch]

Particulars of Claim

 

(1)The Defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxx

 

(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 30/09/2014 and notice was given to the Defendant.

 

(4)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.

 

 

#####Defence######

 

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 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 form, 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.

[andrew1402]

UPDATE not sure what happened

they went ahead to court and now got to pay £50 a month

which we cannot afford as we ticked to defend all

 

had my defence ready and everything

 

got letter this morning stating that I didn't reply to claim form

 

and now have to pay £50 a month starting September

and still not got documents off Lowell

 

please help

[AndyOrch]

So did you submit the above defence by the 11th July?

 

Andy

[andrew1402]

no I didn't think I needed to as was waiting for court date that never arrived I'm clueless with all this procedure now I'm doomed

[Old Cogger]

set aside syn drum??

[andrew1402]

on what grounds do I try set aside and how much is the fee we can't afford much ?

[Old Cogger]

£255 if you are not on certain benefits - if on free, Andy will advise the issue I am sure?

[Old Cogger]

@Andyorch

[AndyOrch]

The following is from the link you were asked numerous time to complete on the 14th June.

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

You wont get a set a side...its your fault for not reading our instructions and adhering to the process...best bet now is to submit an N245 and offer an affordable monthly payment...nothing we can do about the CCJ...unfortunately.

 

Andy

[dx100uk]

:frusty::frusty:

[andrew1402]

all I did wrong was not submit the defence by 11th as I got confused with the timeline and wasn't sure where to submit defence to

 

like I have said never done this before and tried to follow your procedures as much as I could

 

now probably get bailiffs round

and they get away with not sending us any documents

they win we lose

found out hard way

 

thanks guys for help

[dx100uk]

well no sadly it wasn't ....was it

 

you almost missed aos too

and the confusion of the documents

 

you've obv got other things distracting you...

 

nowhere here does it say once that you had to wait for anything from the court or the claimants before you file a defence

and I count atleast 5 times whereby you were guided and told the date you had to file regardless of anything else.

 

never mind our bad too

we never bumped the thread following 8th july till you posted yesterday

 

get that 245 running and tell the court you can only afford say £5PCM

 

then we'll resit right back to the start and get all the statements together and see if theres anything to reclaim to offset the value

 

whilst going back over the thread I notice you were advised in post 8 a year+ ago to sent a CCA then..

did you do that par chance?

[andrew1402]

how do I get an N245? and yes I have a lot of things going on at the moment my brother is very ill and also my dad so got a bit distracted and thank you for your patience

[dx100uk]

you can download the N245 here Her Majesty's Courts Service - Home.

Select Forms and Guidance from the menu on the left hand side and enter N245 in the box.

 

 

You can then go to the page to download the form.

 

 

There is a fee when you put the application in at court.