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Lowells PAPLOC now claimform - old Vanquis card debt ***Claim Dismissed***


king100
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Initial defence should only respond to the claimants particulars......you state your reasons and arguments within your witness statement later in the process...otherwise they have all your points of contention and will counter them in their statement......that's why you don't show all your hand in your first response.

 

Andy

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Not one I have drafted.....will post one later for you....don't submit the above.

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Have it for you shortly

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Particulars of claim for reference only

 

1.The defendant entered into a consumre credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (the agreeement)
2. The defendant failed to maintain the required patments and arrears began to accrue
3. Teh agreement was later assigned to the claiment on 29/09/2017 and notice given to he defendane
4. Despite repreated requests for payment the sun of £XXXXX remains due and outstanding
And the claiment claims
a. the said sum of £3200
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, accuring at a daily rate of XXX but limited to one year being £250
c. Costs

 

Defence

 

 

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 allegation to which a specific response has not been made.


1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought clarity from the claimant.

 

2.Paragraph 2 is noted although I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.

 

3 Paragraph 3 is noted again I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.

 

4. On receipt of this claim I sent CPR 31.14 and section 78 request. The claimant did partially comply but failed to provide a valid copy of the agreement and therefore remains in default of said request.

 

5. 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 or evidence service of a Default Notice /Notice of Sums in Arrears,

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

 

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.

 

 

 

 

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  • 2 weeks later...

:sleep: Irrelevant what may or not been previously provided.....their claim they must disclose.

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Who cares.....DQ next if they wish to proceed

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Depends how fast the claimant informs the court they wish to proceed.....and then should be instant..subject to court constraints.

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It stopped on the issuance of the claim......and remains stopped unless the claim is discontinued or dismissed by the court.

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Check the claim status on MCOL.....it will say if DQs have been dispatched.

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So the answer to you question is no.....

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To make you think they are proceeding and to make you panic and make an offer of settlement.....wait for the court to send  you the DQ....if they proceed.

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  • 2 weeks later...

Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim. 

 

The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.

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You cant get a DQ unless the claimant has informed the court they wish to proceed.....lets move on.

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  • 2 weeks later...

Scan redact and upload a copy of the letter please attached to the Tomlin...also a copy of the Notice of Default if we dont already have it.

 

Andy

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1 hour ago, king100 said:

just for info notice to default above actual default date 31 May 2016

 

States 2nd Dec 2015 and must be paid by 21st Dec 2015 = 19 days. 

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So they registered it 5 months later......but statute of limitations would run from 21st Dec 2015 

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  • 9 months later...
1 hour ago, king100 said:

When does my witness statement need to be in by and who do I sent to? Has to be 2 weeks before the trial?

 

We wouldn't know given you have not uploaded a copy of your Notice of Allocation :roll: 

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1.The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (the agreement)
2. The defendant failed to maintain the required payments and arrears began to accrue
3. The agreement was later assigned to the claimant on 29/09/2017 and notice given to the defendant

 

 

6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

 

 

The claimant never stated that you did enter into an agreement with them

 

 

.

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On 16/11/2021 at 14:28, Andyorch said:

1.The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (the agreement)
2. The defendant failed to maintain the required payments and arrears began to accrue
3. The agreement was later assigned to the claimant on 29/09/2017 and notice given to the defendant

 

 

6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

 

 

The claimant never stated that you did enter into an agreement with them

 

 

.

Ill post this again as its also in your second attempt.:-)

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Your point 6 ....." and the defendant has not entered into any contract with the Claimant."

 

The claimants particulars of claim has never stated you had.

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  • 2 weeks later...

in Nicoll v Promontoria Ram 2 Ltd [2019] EWHC 2410 (Ch), the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”.

 

A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

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Yes it wouldn't invalidate the NOA however the NOA must contain both your and their address the agreement number and the correct debt amount.

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Then its invalid and does have a major effect on their claim and renders the claim invalid.

So edit 14 and switch it to invalid default notice quoting section 87(1) and 88 of the CCA1974 as to why it invalidates the claim.

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Quote

The default notice dated 02 December 2015 (Exhibit 1) states that the Account balance of £2144.88, the Credit Limit is £2000, thus the arrears on the account are £144.88, not the £200 as stated in the letter.

 

So the DN requests £144 to rectify the breach ?   What letter are you referring to above requesting £200 ?

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Okay yes that's invalid...Vanquis never quite understood the difference between a DN and Notice of Default.:wink:

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  • Andyorch changed the title to Lowells PAPLOC now claimform - old Vanquis card debt ***Claim Dismissed***
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