Hoist Claimform - old Vanquis Card debt

[AndyOrch]

Good start Kjw but it requires a little refining. Its either noted or accepted or denied in a defence..it cant really be is noted but denied its one or the other.

 

The assignee in a court claim does for all tense and purposes becomes the creditor claimant...so refer to them as such.

 

The previous CCA request is irrelevant unless it was with the same claimant ...if it was then you phrase that current and previous request have been made.

 

The main thrust of your defence will be the CCA request and that the claimant is and remains in default....you need to beef that up a bit as the importance of none compliance effectively means that they are unable to enforce the agreement until such time...pursuant to section 78 of the CCA1974.Dont simply end your paragraph with a simple not complied...ram home the  ramifications.

 

Andy

[AndyOrch]

Suppose so...although the number of requests and none compliance does not really add any weight to a defence...they only have to be in default once and not able to comply...full stop.

[AndyOrch]

Just a few suggested tweaks.....

 

Paragraph 2 is denied.  I do not recall receiving a Default Notice pursuant to section 87/88 of the CCA1974 by the original creditor therefore the claimant is put to strict proof to disclose details of the breach and date of service of the default notice it refers to.

 

Paragraph 3 and 4 are noted as above the claimant is put to strict proof to evidence any legal assignment as the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925.

 

On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request pursuant to the the CCA1974.  The claimant responded with a letter dated 04/02/2022 confirming receipt of the request, with no further information.  The claimant remains non-compliant to this request and remains in default of said request. Pursuant to section 78 the claimant is prevented from enforcing the agreement it refers to within its particulars until such time it can comply with my request.

 

Rest is fine.

 

Andy

[AndyOrch]

Its up to you...you will have to provide contact details at allocation stage anyway...I wasn't aware they asked for them when submitting a defence...been a while since I have seen the screen.

[AndyOrch]

[AndyOrch]

Quote

Additionally, nothing is registered in MCOL post my defence on 14 Feb 22.

 

Have they left it too late now, is the claim 'auto stayed' due to being timed out?  

 

As that's the last entry on MCOL .then they have yet to inform they wish to proceed...unless its in the pipeline ...the claimant has 28 days after defence to inform if they wish to proceed.

 

 

 

 

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[AndyOrch]

3 copies .....Court /Solicitor/your file. 

 

Andy

[AndyOrch]

And the status states your DQ filed ?  Its quite normal and each court varies subject to workload /backlog

[AndyOrch]

Contact MCOl and check..submit a further copy if necessary.

[AndyOrch]

Still yet to receive the claimant's statement ?

[AndyOrch]

Go with the above then.

[AndyOrch]

No that's correct...not the claimant.

[AndyOrch]

No that's fine

[AndyOrch]

I will run through and respond to  your points tomorrow kjw327 

 

Andy

 

 

[AndyOrch]

In response....

 

1. Disclosure only required if a claim is defended....default judgments do not involve disclosure. Disclosure of docs follows allocation once a claim has been defended.

 

2. Then challenge the recon if in your opinion it fails to comply as an exact copy of the executed version. Bear in mind that its perceived and allowed to have certain missing details but at the least should have your correct name and address at the time of inception and account number and terms and conditions from that time.

 

3. On line agreements will not normally contain IP address and tick boxes in signing and accepting the T&Cs conformation. However the following point you made is concerning where you state "  The OC ‘signature’ is entered and dated 21 months after I am alleged to have ‘signed’ the agreement." should be challenged and could invalidate the recon. Executed date should normally be the same date as the agreement or at the least a few days/hours later.

 

4. Account numbers are sometimes changed on assignment to comply with the assignees software accounting keeping. This is fine as long as you have been informed of the change and the change can be referenced back to the original account number with the original creditor.

It really is bad practice and cause all kind of problems in litigation as you state because the reference number will be different on agreement/default notices NOAs etc etc. But here is the important part as long as the particulars of claim refer to the original and new agreement number then that's accepted...if the POC does not refer to the original account number this can cause difficulties for the claimant.

 

5. This can be challenged a Witness statement is made under oath and signed same and must be accurate and true in all its content. Court may over look it as an error or regarded as de minimis but depending on the judge it could be construed as invalid and the statement rejected as credible proof as its inaccurate and a an error which a professional should not make. 

 

My last point re Carey ....Carey was the claimant in court claims and challenged the legality of various original agreements as not being properly executed and/or  missing the required legal prescribed terms which invalidated the agreements therefore rendering them unenforceable. From a defendant's perspective this can be very difficult  unless you have the original agreement and your claim does not rely on a reconstituted version of said agreement....therefore in your case I would steer clear of the name Carey but by all means the date you refer to on execution can be raised.

 

Andy.

 

 

..

 

[AndyOrch]

Whether they remain in default of the request may be questionable...they may not have satisfied your request....and a court will determine that point. With regards to your point 3 in hindsight a reconstituted version of an agreement shouldn't contain any signatures either yours or the claimants.....so in reality its shouldn't have an executed date either...perhaps that's been added to make it look authentic ?

[AndyOrch]

Best of luck stand your ground.

 

 

 

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[AndyOrch]

Quote

the judge agreed with the claimants representative and that he would accept that it is valid for the purpose of the claim.

 

As previously said its all down to judge and his interpretation and mood to a certain point.....we cant win them all but we win most.

If you could provide as much detail of the hearing and findings as this will serve useful for other users.

 

Andy

[AndyOrch]

You will receive a Notice of Judgment with the confirmed  CCJ amount and payment details...14 days will be from the date of judgment and of course the date you actually receive this notice.

 

Your Particulars of claim as typed by yourself at the start of this topic makes no mention of section 69 Interest at 8%....if there was no claim for this interest or further costs added then you know the amount already being  £3550.00 as per the particulars of claim.

 

So you could make payment now without the Notice....but I would always wait until I seen it written and confirmed by the court.

 

 

 

 

[AndyOrch]

Pay it then if you have the correct figure...Notice of Judgment could be delayed even if dated correctly.