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Hi everyone I need a little help if anyone can please.
I received a ccj claim form last march 2016 from Lowell's (vanquis originally £450ish). Sent off a CCA and CPR(I believe now this is not needed as it's below £10k). Didn't hear anything for a while so filed my defence stating that they had failed to comply with the CCA and I didn't recognise the debt. The claim stayed active as I had to try and speak to mediation but they were impossible to get hold of and I eventually received notice in January that as we'd failed to mediate a court hearing was set for April 2017. It's taken 11 months but this week Lowell send me a response to my CCA along with their witness statement. The evidence they have supplied is a 2 page copy of the online application form which is grey with some white boxes with my name and address etc in it. Then there is a letter from Vanquis stating that I am bound by the terms as I filled in the application online and had clicked a box to digitally sign the form and this is legal under some electronic communications act of 2000 or something. Next there is a basic statement which is all white with just a Vanquis logo in the top corner and a list of transactions and dates including a couple of their interest amounts being applied. Also a couple of late payment charges of around £12. After that there is a couple of default notices along with an assignment letter. With this information is a witness statement saying that they have now complied and nullified my defence so they want my defence struck out and the claim awarded in their favour. So I have a couple of questions thank you if you've got this far.
Are I not entitled to a copy of the original terms and conditions of the agreement detailing the interest rate? Penalty Charges etc?
Do they not need to provide me of a breakdown of what they are claiming for? The debt was roughly £450 now about £720.
Should I just concede this if no to the above points?
Thanks in advance.
Alex
I received a ccj claim form last march 2016 from Lowell's (vanquis originally £450ish). Sent off a CCA and CPR(I believe now this is not needed as it's below £10k). Didn't hear anything for a while so filed my defence stating that they had failed to comply with the CCA and I didn't recognise the debt. The claim stayed active as I had to try and speak to mediation but they were impossible to get hold of and I eventually received notice in January that as we'd failed to mediate a court hearing was set for April 2017. It's taken 11 months but this week Lowell send me a response to my CCA along with their witness statement. The evidence they have supplied is a 2 page copy of the online application form which is grey with some white boxes with my name and address etc in it. Then there is a letter from Vanquis stating that I am bound by the terms as I filled in the application online and had clicked a box to digitally sign the form and this is legal under some electronic communications act of 2000 or something. Next there is a basic statement which is all white with just a Vanquis logo in the top corner and a list of transactions and dates including a couple of their interest amounts being applied. Also a couple of late payment charges of around £12. After that there is a couple of default notices along with an assignment letter. With this information is a witness statement saying that they have now complied and nullified my defence so they want my defence struck out and the claim awarded in their favour. So I have a couple of questions thank you if you've got this far.
Are I not entitled to a copy of the original terms and conditions of the agreement detailing the interest rate? Penalty Charges etc?
Do they not need to provide me of a breakdown of what they are claiming for? The debt was roughly £450 now about £720.
Should I just concede this if no to the above points?
Thanks in advance.
Alex
