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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Lowells PAPLOC now claimform - old Vanquis card debt ***Claim Dismissed***


king100
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thats exactly what I did do, am I missing something.

Edited by dx100uk
unnecessary previous post quote removed

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Here is one I found that is correct to my situation

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 allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis.

 

3. 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 partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

4. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

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 show how the Defendant has entered into an agreement


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

 

7. 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

 

8. 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.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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yes you've messed around with the order of the defence 

 

their particulars read:

 

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
4. Despite repeated requests for payment the sun of £XXXXX remains due and outstanding
And the claimant 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, accruing at a daily rate of XXX but limited to one year being £250
c. Costs

 

align to that as your last post much better!

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Any better - Im not sure what to put down for 2.

 

On another matter the letter from Lowells stating that Vanquis has sold the debt is wrong, the letter is dated 11th May 2017 yet the letter states that they sold the debt to them on the 29th Sept 2017. Does this show any negligence on their behalf and that the paperwork cannot be trusted?

 

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.  I have in the past had financial dealings with Vanquis.

 

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 partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

3. 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

 

4. 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 show how the Defendant has entered into an agreement

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

 

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.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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On 27/12/2020 at 16:54, king100 said:

Therefore 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 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;

missing

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Anything on the date of the letters?

 

 

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.  I have in the past had financial dealings with Vanquis.

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 partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.

 

The screenshots are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

3. 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

 

4. 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 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.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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needs attention to detail ..a defence is not just copy and paste jobbie....

 

you need to align your replies and ref each one to their numbered paragraphs

 

to be honest, i much prefer these defences.

 

Programmable Search Engine (google.com)

 

as for the NOA, simply make ref to multiple copies sent with differing dates quoted.

 

your defence needs to be filed via mcol by 4pm friday

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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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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. 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 partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots  are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

2. Paragraph 2 is noted. I have in the past had financial dealings with Vanquis.

 

3. 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

 

4.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 show how the Defendant has entered into an agreement

a) As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.
b) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the interest claimed.

c) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the costs involved.

 

I am still not sure what I am missing, as I have seen exactly the same defence with the same particulars.

 

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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

We could do with some help from you.

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not sure how you are searching here on CAG king?

 

if you use our enhanced google search box as advised before using the whole line of para 2 of their POC

you'll find atleast 30 with the same mostly alike suitable defence, showing its layout and format, which are fully compliant with CPR rules.

 

Programmable Search Engine (google.com)

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have looked and the my previous posts were trying.

 

Andy

 

Did you manage to write the defence, as deadline is tomorrow.

 

Thanks

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Have it for you shortly

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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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.

 

 

 

 

We could do with some help from you.

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  • 2 weeks later...

Had this reply via email (not sure how they got email but did email them 3 or 4 years ago), and even then I told them everything in writing in the post)

 

We refer to the above matter in which we act for the Claimant.

 

Further to your CPR 31.14 request we note your request for documents. It is previously noted that you have been provided with the application you completed to enter the agreement with Vanquis. You have also been provided with the Notices of Assignment from Vanquis and the Claimant. Finally you have been provided with the statement of account which evidences the usage you had of the agreement.

 

We note you have requested a copy of the default notice which has been requested and will be forwarded upon receipt. Therefore we respectfully request further time to comply with your request.

 

Our client remains satisfied, with the evidence you have been provided with that you are liable for the sums which are due and owing. To resolve this matter without further costs being incurred which, you may be liable, we invite you to put forward your repayment proposals.

 

We look forward to hearing from you.

Edited by dx100uk
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:sleep: Irrelevant what may or not been previously provided.....their claim they must disclose.

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Therefore we respectfully request further time to comply with your request.

 

What time frame this is?

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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

We could do with some help from you.

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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.

We could do with some help from you.

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Do that have a time limit?

 

I only ask on basis that debt might be SBd soon.

Last payment was 10/2015  although default was 05/2016.

Is this normal 7 months before they default.

Does them applying to court stop it becoming SBd?

Could they continue to drag it out for as long as they want?

Edited by dx100uk
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My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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issuance of a claimform halts the SB clock.

if you read the acknowledgement letter from the court regarding your filing of a defence 

it tells you how long they have ...go read it!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No letter from court as of yet.

 

14 days from me issuing my defence?

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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read the letter what does it say?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
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