Lowell/BW Court Claim old vanquis 'debt' **STRUCK OUT**

[The_Debt_Man]

A HUGE thanks for all the help

 

I looked at the link you sent and theres not much in that defence that needs editing.

 

Does this look ok?

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 particular 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 .I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from 16/07/2012 or ever having being approached pre litigation with regards this alleged debt.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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.

 

9. 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.

[The_Debt_Man]

something like?

 

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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.

 

 

9. 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.

 

adapt the numbers etc etc

 

 

 

Ok your one looks better

 

Ill edit it and submit it now.

 

Wish me luck

[caro]

Did you manage to submit your defence?

[The_Debt_Man]

Did you manage to submit your defence?

 

 

Yes, I submitted it straight after my last post.

 

I haven't heard from anyone yet but I'm guessing it will take at least a few days for it to get looked at.

 

 

From experience what I the usual outcome from this sort of situation?

[Ganymede]

Yes, I submitted it straight after my last post.

 

I haven't heard from anyone yet but I'm guessing it will take at least a few days for it to get looked at.

 

 

From experience what I the usual outcome from this sort of situation?

 

Probably more like a few weeks.

[The_Debt_Man]

Quick update...

 

 

I received a letter from the court today that says:

 

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitors).

 

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed,the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claimant will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

From experience what do you guys think will happen next ?

[dx100uk]

they'll discontinue or it will get stayed.

 

if they have no paperwork

[The_Debt_Man]

they'll discontinue or it will get stayed.

 

if they have no paperwork

 

Let's hope they don't come up with any paperwork then.

 

 

Am I right in thinking that if its discontinued then that's the end of it but if its stayed then it can be brought back up at a later date?

 

 

 

Thanks again for all the help everyone

[The_Debt_Man]

Another update....

 

I received this from BW Legal today:

 

 

We write with reference to the above matter and in response to your letter received on 9 July 2014.

 

 

We confirm we have received your request for documentation under CPR 31.14. We have referred your request to our client. Our client may have to refer your request to the original creditor, Vanquis Bank Limited. Accordingly; the documentation will be forwarded to you upon or receipt.

 

We will seek to ensure that the information you have requested is provided within 7 working days, however this is contingent on receiving the documentation from the Original Creditor within the aforementioned timescale.

 

Aren't they a bit late for the CPR 31.14 now?

[dx100uk]

they don't have to reply at all.

 

its the cca that's the important one.

 

you filed whatever happened on time

 

so if they wanna goto court they should hold the paperwork

not hope its uncontested.

 

dx

 

dx

[The_Debt_Man]

Oh ok

 

I've already submitted my defence the CPR and CCA wouldn't do me any good unless they want to keep things going in court?

 

 

Sorry if my questions sound stupid but I'm trying to learn all this as i go along.

[dx100uk]

they MUSt hold atleast an enforceable signed copy of the agreement.

 

that I doubt!

 

your clue is to read a few threads in this forum where your are.

 

dx

[The_Debt_Man]

It was just that the letter from BW legal said that they will be going all the way back to vanquis, so we will just have to wait and see.

 

I've been reading loads on the forum and I'm learning a lot (just shows how much i didn't know at the start).

 

I'm also finding it interesting reading cases that will never apply to me.

 

Its a bit annoying when people sort out their problem but never post back to let us know how it panned out.

Thanks again for all the help you've given me so far dx, I

ts a shame this forum doesn't have a thanks button (or am i just not seeing it).

[dx100uk]

saying thanks is enough

 

though there is the rep start below

 

or ofcourse a donation.

 

but that might be for later.

[The_Debt_Man]

they MUSt hold atleast an enforceable signed copy of the agreement.

 

that I doubt!

 

 

A bit off topic....

 

Is ticking the box to accept an agreement on an online application just as enforceable as one that has been sent out to you to sign and send back?

 

saying thanks is enough

 

though there is the rep start below

 

or ofcourse a donation.

 

but that might be for later.

 

I was going to ask on the general part of the forum about donations.

I clicked the donate button last night to make a donation and it took me straight to PayPal,

but there was nowhere to put in my username to show where the donation has come from.

 

Is that just how it is?

[dx100uk]

A bit off topic....

 

 

Is ticking the box to accept an agreement on an online application just as enforceable as one that has been sent out to you to sign and send back?

 

if after apr 2007 yes sadly.

 

online stuff has run from about 2003-4

but you still got sent an agreement to sign and return.

[dx100uk]

I was going to ask on the general part of the forum about donations. I clicked the donate button last night to make a donation and it took me straight to PayPal, but there wax nowhere to put in my username to show where the donation has come from.

 

Is that just how it is?

 

yep

[The_Debt_Man]

yep

 

Sorry i didn't see your reply until now. but I've already donated 4 times since.

 

About a week ago i received a letter from BwLegal saying “our client intends to continue with the claim”.

 

Today i received another letter from the court saying:

 

“Notice Of Proposed Allocation to the Small Claims Track

 

Important Notice

 

If you do not comply with this notice the court will make such order as appears the be appropriate.

This could include striking out the claim or entering judgment.

 

TAKE NOTICE THAT

 

1. This is now a defended claim.

 

The defendant has filed a defence, a copy of which is enclosed. (this line has a line through it).

 

 

2. It appears that this case is suitable for allocation to small claims track.

 

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (form N180) and explain why.

 

3. You must by 8 September 2014 complete the Small Claims Directions Questionnaire (form N180) and file it with the court office.

 

the County Court Business Centre, 4th Floor St Katharine’s House, 21-27 St Katharine’s Street, Northampton NN1 2LH.

 

And serve copies on all other parties.”

 

Then there's a 4 page questionnaire for me to fill in.

 

Does anyone know what this is or if i even need to fill in the questionnaire ?

[Ganymede]

Normal Court procedure and yes you must 100% definitely fill it in and serve on the Claimant Solicitors and file at Court.

[The_Debt_Man]

Thanks for the reply

 

 

What do you mean when you say:

 

 

Normal and serve on the Claimant Solicitors and file at Court.

 

 

 

Also is this how I should fill in the form:

 

 

 

 

 

 

 

 

 

 

 

[Ganymede]

I would say yes to mediation.

 

I mean send a signed copy to the Court and one to the Claimant Solicitors. Keep a copy for yourself also.

[AndyOrch]

Witness should be 1 (You)

[The_Debt_Man]

Thanks guys

That's why we need forums like this.

I thought it was best to ignore it because i read this part “If you do not comply with this notice the court will make such order as appears the be appropriate. This could include striking out the claim or entering”.

So will i need to show up to court as i don't think this is the online court like it originally started out?

[AndyOrch]

Ignore what? You must submit the DQ as this transfers it to your local County Court....and if you dont then the above will apply to you...

 

“If you do not comply with this notice the court will make such order as appears the be appropriate. This could include striking out the claim or entering judgment against you "

 

All claims start in CCBC Northampton...once you defend they are transferred to your local County Court.

[The_Debt_Man]

Another update.....

 

I've received this email from the mediation service:

 

"Good morning,

 

Your case has been referred to the Small Claims Mediation Service as both parties have requested Mediation on the recent Directions Questionnaire that has been submitted to the court.

 

Please telephone us on the below number to discuss booking a mediation appointment. Due to high demand for mediation please telephone as soon as possible."

 

What exactly is this?

 

And is there a time limit on when I need to call them by?