Lowell/Vanquis Claim - Please help!

[Amethyst]

Is there another page with that letter ? Maybe giving instructions regards exchanging documents and witness statements ?

[Mangie18]

Amethyst Hi, yes there were these two pages as well.

[Amethyst]

2019-10-04 18_36_37-Microsoft Edge.png

We can start putting that together Although it doesn't actually ask for Witness Statement it is best to do one to go with any exhibits. it's aimed more at the Claimant as you don't really have documents to rely on - your letters asking for the agreement etc. I'll have a read back though the thread in the next couple days and see what we need to put together to back up your defence ( or otherwise ) and we can get a bit of a draft together so you're prepared to file and serve before the 24th Oct. It is a good thing that documents need filing before the 24th Oct, the hearing isn't until March, and the hearing fee hasn't got to be paid till February, so this is a really tight deadline for the claimants to deal with

[Mangie18]

Amethyst thank you so much!! I am not sure what I would do without your help!

[Mangie18]

Amethyst Hi, did you have further thoughts on what else I need for my witness statement?

thank you!

[Amethyst]

Yes we should get on with that. You've heard nothing else from the claimants I assume?

Will go through the thread in a little bit and see what needs to go in the WS as a start point

[Amethyst]

Okay.... starting point for WS.... I think there's a decent start to it here, obviously we can work on it from here, just go through and amend as needed - I'm not sure exactly on the letters/requests made and responses received so if you can clarify that would be helpful. Really it wants to be in date order, I sent X on X date, I received a response on X date... etc. Also can you confirm the default notice parts you did include in your defence. I can't quite read the agreement terms you posted - can you see a clause that says ( regarding default/repayment ) something like "Subject to us sending you any notice required or taking any steps required by law"



IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX


BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX
_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________




I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. This is a claim for a running-account credit agreement ( a credit card account) regulated under the Consumer Credit Act 1974 (CCA 1974)

3. The original creditor was Vanquis Bank.

4. In xxxxxxx 2019 I received a 'Letter of Claim' in accordance with the Pre-Action Protocols for Debt Claims from the Claimant.

5. I completed the reply form stating x,y,z on xxxx 2019 and returned it to the Claimant.

6. In addition I sent a Subject Access Request to the original creditor, Vanquis, to obtain copies of any data they held relating to me or the account.

7. I also sent a formal request, enclosing a postal order for the £1 statutory payment, for a copy of the original agreement pursuant to s.78 Consumer Credit Act 1974 to the Claimant.

8. I received no response from the Claimant contrary to the pre-action protocols.

9. I received the claim in this case on or around xxxxxxxxxxxx and acknowledged the claim with intent to defend in full.

10. The Claimants statement of case is as follows;

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference _.

2) The defendant failed to maintain the required payments and arrears began to accrue.

3) The Agreement was later assigned to Claimant on 29/09/2017 and notice were given to the Defendant.

4) Despite repeated requests for payment, the sum of £400 remains due and outstanding.

11.

On XXXXXXXXXX 2019 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case being the agreement and notice of assignment [EXHIBIT A]

12. The Claimant is not pleading that the account defaulted or the agreement was terminated just that arrears began to accrue. The Claimant therefore does not appear to have any cause of action as confirmed in PRA v Doyle 2019 ( EXHIBIT C ) where it was found that service of a default notice as required under s.87(1) of the CCA 1974 was more than a procedural requirement for recovery; it was necessary in order to found the cause of action. A cause of action arose when the claimant was able to issue a statement of claim capable of stating every fact which, if traversed, it would be necessary for them to prove in order to support their right to judgment. Absence of a valid default notice gave the debtor a complete defence. CCA s87 provided that without a default notice there was no right to demand accelerated payment of the balance. It therefore did not merely impose a procedural requirement, but qualified the creditor’s substantive legal rights.

13. Despite the absence of pleadings I requested a copy of any default or termination notice from the Claimant on xxxxx 2019 ( EXHIBIT X )

14. In addition when Vanquis responded to my Data access request there was nothing relating to any default or termination, and no copy of any notice given, within their documents.



3. On XXXXXXXXXX , I contacted the Claimants xxxxxxxxxxxxx

4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx

5:

6:

7: Therefore I believe the claimant xxxxxxxxxxxx


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Mangie18]

Amethyst Hi! I haven't heard anything yet which is good news.

Here is what I done and received so far:

Received notice before action on 10/01/19

Sent CCA request to lowell on 19/01/19 - did not receive reply until near end of March (letter dated 29th March), received CCA and transaction listing.

Requested SAR from Vanquis on 04/04/19 - received reply late April (letter dated 23 April), received customer notes and transaction listings.

sent CPR 31.14. on 21/05/19 requesting CCA and NOA - received response mid-June (letter dated 12/06/19), received CCA and Notice of assignment.

I also cannot see that clause in the T&Cs.

I have submitted the following in my defence:
8. It is denied that Vanquis served any Default notice on the
Defendant 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.

I will work on my WS now, regardless what the claimant's response or non response, will I need to send this out before the 24th?

[Amethyst]

Yes xx It needs filing and serving before the deadline given in the court order unless the claimant discontinues before that date.

[Mangie18]

Amethyst hi I am just about to send my WS off. Could you advise what Exhibit D may be? Would this be the response I received from my CPR request?

[Amethyst]

13. Despite the absence of pleadings I requested a copy of any default or termination notice from the Claimant on xxxxx 2019 ( EXHIBIT X )

That one? It will be your letter asking for Default/Termination so your CPR 31.14 request ( it would likely be the same letter mentioned in para 11 so call it the same thing ( Exhibit A in the example )

Feel free to post up what you have and we can give it a once over before you send xx

[Mangie18]

Amethyst It is the following point:

12. The Claimant is not pleading that the account defaulted or the agreement was terminated just that arrears began to accrue. The Claimant therefore does not appear to have any cause of action as confirmed in PRA v Doyle 2019 ( EXHIBIT C ) where it was found that service of a default notice as required under s.87(1) of the CCA 1974 was more than a procedural requirement for recovery; it was necessary in order to found the cause of action. A cause of action arose when the claimant was able to issue a statement of claim capable of stating every fact which, if traversed, it would be necessary for them to prove in order to support their right to judgment. Absence of a valid default notice gave the debtor a complete defence. CCA s87 provided that without a default notice there was no right to demand accelerated payment of the balance. It therefore did not merely impose a procedural requirement, but qualified the creditor’s substantive legal rights.

This is what I have so far:

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. This is a claim for a running-account credit agreement (a credit card account) regulated under the Consumer Credit Act 1974 (CCA 1974)

3. The original creditor was Vanquis.

4. In 10^thJanuary 2019 I received a 'Letter of Claim' in accordance with the Pre-Action Protocols for Debt Claims from the Claimant.

5. In response, I sent a formal request on 19^th January 2019, enclosing a postal order for the £1 statutory payment, for a copy of the original agreement pursuant to s.78 Consumer Credit Act 1974 to the Claimant.

6. I received no response from the Claimant contrary to the pre-action protocols until 29^th March 2019, where the agreement and transaction list was received [EXHIBIT A]

7. In addition I sent a Subject Access Request to the original creditor, Vanquis on 4^th April 2019, to obtain copies of any data they held relating to me or the account.

8. I received a response from Vanquis on 23^rd April 2019 [EXHIBIT B]

9. I received the claim in this case on 9^th May 2019 and acknowledged the claim with intent to defend in full.

10. The Claimants statement of case is as follows;

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference ---
2) The defendant failed to maintain the required payments and arrears began to accrue.
3) The Agreement was later assigned to Claimant on 29/09/2017 and notice were given to the Defendant.
4) Despite repeated requests for payment, the sum of £400 remains due and outstanding.
And the Claimant claims

1. The sum of £400
2. Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.077, but limited to one year, being £28.22
3. Costs

11. On 21^st May 2019 I made a written request to the Claimant solicitors, Lowell Solicitors of PO BOX 1419, Northampton, NN2 1BU requesting that the Claimant provides copies of all documents mentioned in the statement of case being the agreement and notice of assignment [EXHIBIT C]

12. The Claimant is not pleading that the account defaulted or the agreement was terminated just that arrears began to accrue. The Claimant therefore does not appear to have any cause of action as confirmed in PRA v Doyle 2019 (EXHIBIT D) where it was found that service of a default notice as required under s.87(1) of the CCA 1974 was more than a procedural requirement for recovery; it was necessary in order to found the cause of action. A cause of action arose when the claimant was able to issue a statement of claim capable of stating every fact which, if traversed, it would be necessary for them to prove in order to support their right to judgment. Absence of a valid default notice gave the debtor a complete defence. CCA s87 provided that without a default notice there was no right to demand accelerated payment of the balance. It therefore did not merely impose a procedural requirement, but qualified the creditors substantive legal rights.

13. Despite the absence of pleadings I requested a copy of any default or termination notice from the
Claimant on 21^st May 2019 [EXHIBIT C].

14. In addition when Vanquis responded to my Data access request there was nothing relating to any default or termination, and no copy of any notice given, within their documents.


Statement of Truth

I, ---, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Mangie18]

Amethyst Please do let me know your thoughts before I send this over today, Thank you!

[Amethyst]

Ahhh PRA v Doyle ( attached Judgment ) Para 21/22 important ones.

[Amethyst]

Okay let me have a bit of a reword - you're okay to post 1st class in the morning aren't you ? xxx