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Hi New to the forum and I am looking for a bit of advice.
Received country court documents on the 28/08, documents dated the 26/08.
I have Acknowledged the claim on the 05/09/2015 and my intent to defend.
Claim particulars
"The claimant claim is for the sum of £792.33, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Vanquis Under account reference XXXX and assigned to the claimant on the 02/09/2011, notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice nas been served which has not been complied with.
The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 9% per annum from the date of assignment of the agreement but limited to a maximum of one year and a maximum of 1000 amounting to 63.40."
I have submitted letters today. sent recorded delivery.
CCA Request to claimant aong with £1 postal order.
CRP request to Bryan Carter
letters below
Dear Sir/Madam
Re:− Account Number XX
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We look forward to hearing from you.
Yours faithfully
CRP
Dear Sirs,
Claim Number:
Request for documents mentioned in a statement of case under CPR 31.14
On 28/08/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 17/09/2015.
1. Agreement
2. Assignment
3. Default Notice
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
I am now looking for advice as to what will happen next, when will I need to fie a defence?
Will I need to go to court
What actions are Bryan Carter Solicitors likey to take?
Thanks for your time and speak shorty.
Richard
Received country court documents on the 28/08, documents dated the 26/08.
I have Acknowledged the claim on the 05/09/2015 and my intent to defend.
Claim particulars
"The claimant claim is for the sum of £792.33, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Vanquis Under account reference XXXX and assigned to the claimant on the 02/09/2011, notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice nas been served which has not been complied with.
The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 9% per annum from the date of assignment of the agreement but limited to a maximum of one year and a maximum of 1000 amounting to 63.40."
I have submitted letters today. sent recorded delivery.
CCA Request to claimant aong with £1 postal order.
CRP request to Bryan Carter
letters below
Dear Sir/Madam
Re:− Account Number XX
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We look forward to hearing from you.
Yours faithfully
CRP
Dear Sirs,
Claim Number:
Request for documents mentioned in a statement of case under CPR 31.14
On 28/08/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 17/09/2015.
1. Agreement
2. Assignment
3. Default Notice
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
I am now looking for advice as to what will happen next, when will I need to fie a defence?
Will I need to go to court
What actions are Bryan Carter Solicitors likey to take?
Thanks for your time and speak shorty.
Richard
:rant: :mad2: 
so you'd use the Tomlin order to avoid having one on record, but you'd still be expected to make a reasonable repayment offer backed by an income and expenditure statement as if they had a CCJ.
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