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Is my Defence OK?

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  • Is my Defence OK?

    Any advice on my defence appreciated.

    Particulars of Claim
    1. The defendant entered into a consumer credit act regulated agreement with Vanquis under account reference ........ ('the agreement')
    2. The defendant failed to maintain the required payments and arrears began to accrue.
    3. The agreement was later assigned to the Claimant on ...... and notice given to the defendant.
    4. Despite repeated requests for payment the sum of ........ remains due and outstanding.
    and the claimant claims
    a. the said sum of ........
    b. interest pursuant to s69 county courts act .....................
    c. costs

    proposed defence
    1. I received the claim ……from the Northampton County Court on……

    2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3. This claim is for an alleged Loan agreement regulated under the Consumer Credit Act 1974 between Vanquis and the Defendant.

    4. The Defendant does not recognise the debt as the Claimants statement of case is vague and fails to give adequate information to enable the Defendant to properly assess their position.

    5. The Claimants statement of case states that the account was assigned from Vanquis to Lowell Portfolio on .......... The Defendant does not recall receiving notice of this assignment.

    6. The defendant does not recall being served any default notice from Vanquis pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

    7. In order to find out more information, on the ………I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    8. In addition, on the ............. I sent a formal request for a true copy of the original agreement to Lowell Portfolio pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    9: The Claimant has not provided copies of the Agreement, Default Notice or Notice Of Assignment as requested.

    10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

    11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    12. The Defendant has made a formal Subject Access Request under GDPR and the Data Protection Act 2018 to Lowell Portfolio for any data they hold relating to the Defendant with details of any agreements and payments to the Defendant or from the Defendant. The Defendant awaits Lowell Portfolios response to this request.

    13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. The documents required are the original Agreement and terms or documents mentioned in that Agreement, a full statement of the account from inception, showing how the amount being claimed in this case has been calculated, a copy of any and all deeds and notices of assignment, and copies of any default and/or termination notices.

    14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    15. It is denied that the Claimant is entitled to the relief as claimed or at all.


    Thank you
    Tags: None

  • #2
    The defendant failed to maintain the required payments and arrears began to accrue.
    strange way to put it, no mention of the account defaulting or terminating, just arrears... odd. Might be worth mentioning somewhere in the defence.

    3. This claim is for an alleged Loan agreement regulated under the Consumer Credit Act 1974 between Vanquis and the Defendant.
    was it a loan? or a credit card ? ( also bear in mind whether to use s77 or s78 - you've used s77 which is loan - do Vanquis do loans? )

    otherwise it sounds good... presumably we have a previous thread somewhere about - I'll have a look. ( EDIT: Okay no there's nothing.... any background info to this one? - and how did you get on with the payday loan one from September?)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    Comment


    • #3
      Hi Amethyst,
      Yes you are right it would be a vanquis card - the particulars of claim are exactly as above. I thought it was strange.
      The Payday loan one was struck out last month after they failed to respond twice to the court DQ.

      Comment


      • #4
        should I refer to it just as 'an alleged agreement'

        Comment


        • #5
          and would it be wise to be proactive and resend my requests by recorded delivery and reference this in my defence

          Comment


          • #6
            You can do if you have had absolutely no response to the requests and have concerns they may not have been received ( and you can't evidence - posting receipt etc?) that you sent them?

            Yes you can say alleged agreement but there's no need, the agreement is alleged until it is produced.

            Make sure you change it to s78 from s77 before submitting as it's a credit card rather than a loan.

            Good news on the PDL claim - any chance you can update that thread so I can mark it as concluded - just gives others looking at past cases a boost of positivity xxx
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment

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