**CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

[nemesis45]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

One Cannot be certain that Carter will withdraw every time and it is dangerous to think they will.
Bryan Carter LLP is a firm of solicitors with a core business of debt collection

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

It is BW Legal on behalf of Lowell with my claim.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Sorry Nemesis, I thought the CCA was 7 working days and the CPR 12+2 working days. I hope I have included the days correctly in each of the letters.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Letter received today (29TH JAN) BW Legal.
Letter dated 26th Jan, basically we will respond to the CPR request within 12 days, referred back to OC (vanquis) if they receive it from the OC within the timescale aforementioned...Am i correct in that the CPR request has to be acknowledged and complied with within 7 days not 12+2 days? I put 7 days of receiving my request.

They have sent a letter back, saying 12+2 days?...

They received this on the 20th Jan at 8-47am, today is the 29th so they have broken this request within the timescale?

When keeping track of this paperwork, can I write on my copies of the letters with date and time received or is it best to do a seperate note so the copy of the tracked item from Royal Mail can be seen if needed at court?

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Hi all, sorry been away, decided to have a break and start restoring my motorcycle.

I believe today as Lowells last day to respond to my CCA request, just checked the post and no correspondence. Last letter received was as included in post no. 94

Guidance as what to do now as my defence has to be filed by 16th February I believe.

CPR request not complied (7 days?. they sent a letter statign they have 12+2 days?)

CCA request not complied with or had any correspondence regarding it.

...I have a stressful weekend next week as have a a uni assignment due in on the 16th by midday. I will look in during this weekend for replies regarding my next correspondence with these scroats. (sorry!)..

[nemesis45]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

CCA 12 + 2 Working Days. CPR 31.14 7 days as said.
Start thinking what you have in the way of defence, look back at your earlier posts it will help you
get your thoughts in order.

Failure to comply with CCA request
" " " "CPR 31.14.
Named as a store card ?????

nem

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Ok thanks Nem. Will have a think and start this weekend, I am running about this weekend so will post as and when i can.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Should i send a follow up letter to lowelifes and B Legal or just start writing my defence, CCA and CPR not complied with and no acknowledgement of intention to send me the original CCA.

My defence (off the top of my head is)
CCA not complied with
CPR not complied with
Account not recognised
Never had a Vanquis "store card" ever. as Mentioned in the particulars of claims.
No Default notice was received.

Cant think of anything else.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

OK well ill submit my defence on friday then...

[nemesis45]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

No documents received yet??

nem

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Nothing Nemesis...not a dicky.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Well IM having a bash sending in a defence based on a few on here...has to be don by 3pm as I am away for half term.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

hope this is ok...sending it soon, it is saved on MCOL.
1) I received the claim no B from Northampton County Court Business Centre on 15^th January 2015.
2) Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
3) This claim appears to be for a store card agreement regulated by the Consumer Credit Act 1974.
4) The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5) The particulars of claim fail to state when the agreement was entered into.
6) It is denied that XXXXX 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.
7) On 19^th January 2015 I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the XXXX agreement, notice of assignment and default notice.
8) XXXX has not sent any of these documents to me.
9) On the 19^th January 2015 I sent a formal request for a copy of the original agreement to XXXXX pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1.00 fee.
10) XXXXX has not sent any of these documents to me.
11) The Claimant has failed to comply with section 77(1) Consumer Credit Act 1974 and by virtue section 77(4) Consumer Credit Act 1974 cannot enforce the agreement.
12) 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.
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.
14) In the event that the relevant documents are received from the Claimant 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.
16) I have never held a store card by Vanquis Bank Limited.
17) I do not recognize the account mentioned in the particulars of claim.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Had to send it sorry guys, I am out this afternoon.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Hope it was all ok, I tried to cover all bases.