Lowell Claim Form - old Vanquis Card debt - poss SB'd

[dx100uk]

no the lack of a PAPLOC would be an additional line and simply a browny point to you.

 

not to worry , 

 

just tying up lose ends to help @Andyorch

[bissell]

I am very grateful of the help. Even if it seems I am not exactly helping myself.

I will be making a donation at the end of the month. Even if I don't get anywhere, just knowing there has been someone out there ready and willing to help is a huge stress relief during the process.

[AndyOrch]

2.failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the CCA 1974 which has not been compiled with.

 

Does it really state that in their particulars or are you abbreviating ?  Who failed ?  Does it not state the defendant failed ?

 

 

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[bissell]

Thank you for that Andyorch, I had originally abbreviated the particulars, I have now corrected them to match exactly what is written on the claim form.

 

Particulars of Claim

 

1. The claim is for the sum of £1016.54 due by defendant under an agreement regulated by Consumer Credit Act 1974 for a Vanquis account with an account reference of XXX.

 

2. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been compiled with.

 

3.The debt legally assigned to the claimant on 23-09-19, notice of which has been given to the defendant.

 

4. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £81.32.

 

The claimant claims the sum of £1097.86

 

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 the CPRr16.5(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, or notice of arrears, pursuant to section 87(1) CCA 1974.

 

3. Paragraph 3 is noted, again, I do not recall ever receiving this notice pursuant to section 136 of the law of property Act 1925.

 

4. On receipt of the claim form the defendant sent for on 26/03/2021 via royal mail a request pursuant to sec78 of the Credit Consumer Act 1974  a copy of this agreement. The claimant has failed to respond and therefore in default of the request is unable to enforce the alleged agreement until its compliance.

 

5. On receipt of the claim form, the defendant sent a CPR13'14 request on 26/03/2021 via royal mail. An acknowledgment was received, but no documents have been received. 

 

6. 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 the defendant has entered 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 of arrears

d) Show how the claimant has the legal right, either under statute or equity to issue claim

 

By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed of any relief.

 

 

[AndyOrch]

Okay thanks....just a slight tweak on your point 4...its important to state which section of the CCA1974 and to let them know that until compliance...they cant enforce.

 

Rest is fine.

 

Andy

[bissell]

Thank you Andyorch, I was confused for a moment there, I started to search for the section I needed from the CCA.... then I realised you meant you had tweaked it. Tired eyes! I will leave it all for tonight, and go back over everything in the morning with a fresh mind and set of eyes.

[bissell]

When submitting the defence, am I correct in assuming I do not submit a counterclaim, and where it asks for additional contact info - should I leave those blank (as not required) or provide email/telephone/date of birth etc? 

[AndyOrch]

No counterclaim.....as for additional details I wasn't aware it requested that on submitting a defence?

[bissell]

As I go through the defence it has sections for - Defence, dispute reasons, defence particulars, counter claim, service details (this is where it asks for correspondence details, and asks for additional details such as telephone or email - I assume it is because they do not have these details for me, only my address), summary, and confirmation.

 

There is no red asterix to suggest I have to provide additional correspondence details. 

[AndyOrch]

Well you are only submitting a defence so the rest disregard.

 

 

 

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