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

[dx100uk]

Programmable Search Engine (google.com)

[king100]

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

Edited November 16, 2021 by dx100uk
unnecessary previous post quote removed

[king100]

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.

[dx100uk]

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!

 

 

[king100]

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.

[dx100uk]

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

 

 

[king100]

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.

[dx100uk]

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

 

[AndyOrch]

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

[king100]

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.

 

[AndyOrch]

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

[dx100uk]

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

[king100]

I have looked and the my previous posts were trying.

 

Andy

 

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

 

Thanks

[AndyOrch]

Have it for you shortly

[AndyOrch]

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.

 

 

 

 

[king100]

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 November 16, 2021 by dx100uk
formatting

[AndyOrch]

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

[king100]

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

 

What time frame this is?

[AndyOrch]

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

[king100]

How long does it take for court to send out DQ?

[AndyOrch]

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

[king100]

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 November 16, 2021 by dx100uk
formatting

[dx100uk]

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!

[king100]

No letter from court as of yet.

 

14 days from me issuing my defence?

[dx100uk]

read the letter what does it say?