Lowell Claim Form - Vanquis Bank credit card

[limelight]

Revised

 

 

Defence

 

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 accepted in as much as I have in the past had financial dealings with Vanquis. However I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request. I am unaware of what account or contract the claimant refers to.

 

3. Paragraph 2 of the claim is denied as I am unaware of any default notice being served pursuant to sec87(1) of the CCA1974

 

4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in January 2016.

 

5. The defendant submitted a request for documents pursuant to CPR 31.14. on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply.

 

6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply.

 

7. 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 and evidence the nature of breach and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

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

 

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

 

9. In the alternative, if 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.

 

10. 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.

Edited February 9, 2017 by Andyorch
edited

[Andyorch]

Just made a few more tweaks and additions...good to go.

[Andyorch]

PS

 

" Quick question: Should I finish off by asking for a stay or for the claim to be struck out? "

 

You cant within a defence...

[limelight]

Perfect, thank you.

 

Defence submitted.

[limelight]

Hi All, update on this one.

 

I have received a letter from Lowells with a copy of their directions questionnaire enclosed.

 

Note they have not satisfied my CPR or CCA request as yet.

 

With the directions document they are seeking:

 

Small claims track

Mediation

No expert witness

 

Any thoughts?

 

Many thanks.

[dx100uk]

this seems to be a common new tactic by lowells if you go read like threads

designed to intimidate and frustrate defendants..

you await your N180

[limelight]

So I have my N180 this morning.

 

Do I just follow the same option? Go for small claims track and mediation?

 

Or do I force it into court seeing as they've not produced any documentation so far?

 

Cheers.

[Andyorch]

So I have my N180 this morning.

 

Do I just follow the same option? Go for small claims track and mediation? Yes and state your local county court

Or do I force it into court seeing as they've not produced any documentation so far? How would you do that ?...its still going to trial anyway as mediation will fail..and the claimant is not at the stage to disclose documents..its further in the process.

Cheers.

 

Andy

[limelight]

Hi All,

 

Quick update.

 

Received a copy of an order from the judge last week instructing the claimant to file detailed particulars and provide the documentation I have requested by the 21st June or the claim will be struck out.

 

Cheers.

[Andyorch]

Keep your eye on the date and check

[Patma]

Any news yet?