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My wife had a Vanquis account since 18/05/06. She cannot remember how she applied whether online or via an advert. Anyway we cca’d them about 3 years ago and all they sent was a set of terms and conds but with no signature[ or tick box. No name or address on it. I wrote to them saying it’s not good enough and that the account was now in dispute. We had the usual threatening phone calls etc but haven’t heard anything for about 7 months. Today I received a summons from MCOL stating we are being summoned to court.
The POCof claim summarised are
1. claiming in respect of an agreement under the CCA 1974 failed to maintain payments etc
2.Debt was legally assigned to Lowell’s by Vanquis
3 interest
Date of issue is 12 Jun 2013.
This is all from Dryden’s sol.................
I do still have the original CCA they sent and it certainly isn’t a computer screenshot. More like the leaflet they used to send....
Some advice would be grateful. What to do next....I’m a bit disappointed as I hoped all this was behind us and we have managed to get back on our feet.
The summons has all been acknowledged etc and AQ filled out.
However I have had absolutely no real info from them, including no CCA.
I then received my SAR from Vanquis and after looking through it I realise that I have a counter claim against them for penalty charges, late payment etc that with the compound interest comes to £2500 ..Which is more than we owe them!
Hi, ok some important questions and some help please. It all went quiet for a while after I was told it was being sent to my local court. I haven’t filed a counter claim yet as I was told by the bulk court to do nothing until I heard from my local court.
That was about a month ago. Anyway today a lot of papers arrive from the Chelmsford county court. They state that the hearing will be on the 19th December at the small claims court.
Right the thing I need help with is the following.
1.What form do I use to send to the court for a counter claim and if claiming for compound interest am I claiming for restitution?
2.If so any idea where I could find particulars of claim for that. They are just penalty charges (late payment etc) pretty standard and I have done the CI sheet.
3. I take it I agree to mediation? But also I would like to get the counterclaim in before that starts as it will give me a bit more leverage
4.What documents do I have to send them? All I have is the SAR they sent me and the original letters asking for the account to be suspended due to financial hardship (wife lost job) all ignored. Then the CCA request then the debt not acknowledged letter. All pretty much ignored. Only one answered was the CCA request with photocopy of t&c's.
5.Can I ask for disclosure order from the judge as they still haven’t sent a CCA even with the SAR request and I still have never seen one. If so what form do I use?
6. Would it be better to write to Dryden’s and inform them of my intention to counter claim and ask them to agree a stay and amendment of defence bearing in mind the lack of information was their fault.( Hoping they will run away)
Please help as the deadline is now approaching
Geoff
The POCof claim summarised are
1. claiming in respect of an agreement under the CCA 1974 failed to maintain payments etc
2.Debt was legally assigned to Lowell’s by Vanquis
3 interest
Date of issue is 12 Jun 2013.
This is all from Dryden’s sol.................
I do still have the original CCA they sent and it certainly isn’t a computer screenshot. More like the leaflet they used to send....
Some advice would be grateful. What to do next....I’m a bit disappointed as I hoped all this was behind us and we have managed to get back on our feet.
The summons has all been acknowledged etc and AQ filled out.
However I have had absolutely no real info from them, including no CCA.
I then received my SAR from Vanquis and after looking through it I realise that I have a counter claim against them for penalty charges, late payment etc that with the compound interest comes to £2500 ..Which is more than we owe them!
Hi, ok some important questions and some help please. It all went quiet for a while after I was told it was being sent to my local court. I haven’t filed a counter claim yet as I was told by the bulk court to do nothing until I heard from my local court.
That was about a month ago. Anyway today a lot of papers arrive from the Chelmsford county court. They state that the hearing will be on the 19th December at the small claims court.
Right the thing I need help with is the following.
1.What form do I use to send to the court for a counter claim and if claiming for compound interest am I claiming for restitution?
2.If so any idea where I could find particulars of claim for that. They are just penalty charges (late payment etc) pretty standard and I have done the CI sheet.
3. I take it I agree to mediation? But also I would like to get the counterclaim in before that starts as it will give me a bit more leverage
4.What documents do I have to send them? All I have is the SAR they sent me and the original letters asking for the account to be suspended due to financial hardship (wife lost job) all ignored. Then the CCA request then the debt not acknowledged letter. All pretty much ignored. Only one answered was the CCA request with photocopy of t&c's.
5.Can I ask for disclosure order from the judge as they still haven’t sent a CCA even with the SAR request and I still have never seen one. If so what form do I use?
6. Would it be better to write to Dryden’s and inform them of my intention to counter claim and ask them to agree a stay and amendment of defence bearing in mind the lack of information was their fault.( Hoping they will run away)
Please help as the deadline is now approaching
Geoff
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