Vanquis/Capquest/Drydens - claim form ***Claim Struck Out***

[sytra]

Just found this elsewhere on the net and didn't know if it was a valid point? As if I had managed to pay the amount on the notice my account would still have been in breach of the T&C's

 

Turning to the other creditors out there. One thing people often miss is a term that says something like this

1) you must pay us immediately any amount which exceeds your credit limit

2) you must pay us any arrears you have built up............

 

However, (and MBNA seem a good example) many firms will seek one or the other.

An example here is a clients case which recently went to court.

In that case the over limit amount was £914, the arrears were £594.

So the default notice said you must pay us £594 to remedy the breach.

The problem was however that even if the client did pay what he was asked for, then he would still have been in breach of contract.

I submit that this is absurd and that the correct approach would have been for the notice to ask for as a minimum the £914 if not the full combined amount of the two.

In any event it was conceded that the notice was bad.

Any thoughts on this?

[sytra]

I have read the regs, and yes the dates do seem to give 14 days however I wasn't sure whether the 14 days had to allow time for the money to reach the account, on the back of the DN it gives the ways to pay and the fastest way takes 3-5 days so shouldn't the DN have allowed the extra 3 days at least, as (and this is just my view) the DN is actually only giving 9-11 days to remedy using their payment methods?

[theoldrouge]

no forget the 3 days,you have 14 to remedy not an extra 3 for money to reach ac, though I do agree that if you had paid what they asked you would still be in breach of the contract

[sytra]

Update,

the claim went to an application hearing and was struck out,

 

basic findings follow:

DJ found that the claim and particulars had not been signed by a statement of truth

as per CPR22 PD3.10 (signed by firms name of solicitors not the solicitors own name),

 

breach of CPR16 and 31.14.

 

Also said that IF they find the documents requested and IF they wish to bring the claim

before the court again then the documents MUST BE served the same time as the claim form.

 

Claimant tried to argue that a strike out wasn't in the application and requested 28 days to supply info,

 

DDJ basically said they had messed up big time and he was

using his own judgement to strike out and they had no argument.

 

Costs awarded in the sum of circa £900

[AndyOrch]

Excellent news ...I will amend your thread title to reflect the result.

 

Andy

[dx100uk]

well done!!

 

another fleecing attempt bites the dust

 

dx

[theoldrouge]

well done sytra!!!

[dx100uk]

now time to get those reclaims in:lol:

 

dx

[citizenB]

You claimed for £900.00 worth of costs ?

[sytra]

You claimed for £900.00 worth of costs ?

We used a solicitor in the end who initally claimed about £1500 but was reduced due to area of court and hourly rate in that area. All in all, happy as not cost me anything now

[citizenB]

Ah righto, you hadnt said you were using a Solicitor..

[sytra]

Sorry,

 

it got to the point where Drydens kept on saying they were waiting on the info,

 

then just saying that they hoped to have it by the end of April,

 

then the end of June,

 

I got fed up with them so got in touch with good consumer credit solicitor

 

who confirmed they were taking the pee and did the application for me

(being a solicitor he knew all the right jargon etc)

 

2 weeks later got a hearing and

 

had them struck out that day!

[WelshMam2009]

 

Also said that IF they find the documents requested and IF they wish to bring the claim

before the court again then the documents MUST BE served the same time as the claim form.

 

What documents was he referring to specifically Sytra? Did this include a signed copy of the credit agreement?

[sytra]

What documents was he referring to specifically Sytra? Did this include a signed copy of the credit agreement?

No not a signed copy as the agreement was from 09, however they failed to send any agreement even recon.

 

The docs I think he referred to were specifically the cpr31.14 and cpr18 request - so, agreement, default info, statement of how the amount claimed is reached etc.

 

Of top of head can't remember if there was anything else. Basically just before the claim was issued a cca'd capquest, they never responded in any way to the request. Then after claim issued sent cpr to drydens and asked them to change the signature on claim form. They responded by saying it will take about 6 weeks to get info, so wrote back they then said they hoped to have it by end May or June.

 

That's when I got a solicitor involved who did the application. The judge agreed they were not complying and issued a strike out.