Cabot/Restons Claimform - 1st Vanquis Card debt - Stayed now resurfaces ***Claim Discontinued***

[AndyOrch]

Thread moved to Financial Legal Issues Forum...please continue to post here to your thread.

 

Could you possibly scan and redact what you have received and post here?

 

 

Andy

[AndyOrch]

It does look like an overlay...but thats irrelevant if your signature is correctly positioned....the fact that their signature is there is to simply execute the agreement on that date.

 

Creditors used ink stamp to execute for speed

 

Can you recall the date you signed it ? It stated that it must be signed and returned by the 31st Aug 2012....the overlay executes it on the 3rd Aug 2012.

[AndyOrch]

Its Regulated by the CCA1974 ?

[AndyOrch]

So their application to strike out your defence was dismissed ....shame......and they must file reserve their particulars and all the documents you have referred to by 18th May 4.00pm......if they do you have the option to submit a further defence by 25th  May 4.00pm.

 

If they fail the claim will be struck out without further notice.

 

So all you have to do is wait for the 18th May.

 

Andy

[AndyOrch]

See my post #19

[AndyOrch]

So if their new particulars offer nothing new...you can stand by your initial defence....if they throw up something new you have permission to submit a further defence by the date stated.

[AndyOrch]

I have not had time to read the fresh particulars......is there anything that concerns you ?

[AndyOrch]

Amount claimed: £3393.91

 

What is the total value of the claim? Total amount: £3658.91

 

So the diff is the claim issuance fee and Solicitors fee...= £265.00 ?

[AndyOrch]

Thats irrelevant .....only the figures on the N1/ Particulars can be the amount awarded if they get judgment......and possibly costs at the discretion of the court.

[AndyOrch]

No...because they have complied with the order and sent you their amended particulars. (Post #27 above)

[AndyOrch]

Let me run through it again later and lets see...the exhibits they refer to above in their new particulars.....have you uploaded them and are they already here on the thread ?

[AndyOrch]

I only need to see what they refer to in their new particulars....as anything else cannot be relied upon as evidence......unless they introduce it into their witness statement at the next stage.

 

'KMOI

'KMO2

"KMO3

"KMO4

 

If you could just redact/ upload the above 4 here for easy reference.

[AndyOrch]

Ill run through it this evening and see if you need to submit an updated defence.

[AndyOrch]

Can you state some figures in the anomalies.....not forgot you.......

[AndyOrch]

okay  thanks.....from their witness statement ..verbatim..

 

The Defendant breached the terms of the Credit Agreement and as a result Vanquis served a Default Notice pursuant to Section 87 (1) of the Consumer Credit Act 7974. Exhibited to these Particulars of Claim at "KMO3" is a copy of the Default Notice served on the Defendant under cover of letter dated 20 February 2015. The Default Notice required repayment of the arrears of £262.44 by 11 March 2015, failing which the then outstanding balance of £3,285.30 would become due. The Defendant failed to comply with the Default Notice and accordingly the account was terminated and the full outstanding balance fell due.

 

8. And the Claimant claims: (i) The sum of £3,393.91 being the sum outstanding under the Credit Card facility and referred to above.

(ii) Costs in accordance with CPR 44.5.

 

The N1 states total amount claimed  £3658.91 so an increase of £265 not accounted for in their statement ?

[AndyOrch]

Okay so that makes the figures correct....its correct to not quote the costs within their statement.

[AndyOrch]

Yes £3285.30 should be on the N1......they state in their statement....

 

The Default Notice required repayment of the arrears of £262.44 by 11 March 2015, failing which the then outstanding balance of £3,285.30 would become due.

 

They then state.....8. And the Claimant claims: (i) The sum of £3,393.91

 

The N1 states total amount claimed  £3658.91 ......should state £3285.0 plus 'Court fee' of £185.00 and 'Legal representative's costs' of £80.00 =

£3550.30 which is £108.61 over claim.

[AndyOrch]

And you have prepared your statement and disclosures as per the court directions dated 26th August. ? 

 

Andy

[AndyOrch]

Yes

[AndyOrch]

that would depend on the nature of the dispute...major or minor.....but in the main yes debts with disputes can be legally assigned...because the agreement is terminated at the time of assignment.

[AndyOrch]

It only stops the clock if the claim proceeds to allocation then judgment for the claimant.If the claim is dismissed or left in a stayed state then the claim has no effect on the limitations.

 

Andy

[AndyOrch]

Quote

My last question to you again revolves around the limitation act as the date of the hearing on the 30th october was exactly 6 years to the day when the last acknowledged payment was made on this account, would this mean that the limitation has now passed as the clock would be running again?

That would depend on what date was on the DN +14 days...yes your last payment may of been 28th Oct 2014 but I doubt the DN was dated same date.....if say for argument it was dated 30th Jan 2015 then it wont be Statute Barred until 13th Feb 2016...so you would still have a couple of months to run.

 

But I wouldn't worry ...they wont re issue...well done.

 

Topic title amended 

 

Andy