Lowell / Vanquis Court Claim

[Amethyst]

Re: Lowell / Vanquis Court Claim

finlander - it is always okay to pm someone to ask for help if your thread is overlooked.

You sound like you did a good job in court. Also sounds like you were lucky on the default notice issue and are now waiting to see if they come up with something before 4th January.

Did you get the documents on the 8th?

[finlander]

Re: Lowell / Vanquis Court Claim

documents were sent on the 1oth ...arrived on the 11th ...court was the 12th.

The judge was pretty sure that even if they came up with a default notice now that if the defence was 'it was never received ' then that would mean they had no hope of winning as the lack of mention of it in all paperwork would mean it was impossible to prove it was ever sent. He was hinting quite heavily in that direction and every time he did the drydens bloke squirmed.

Also this spread sheet... It has no click box for a signature.. it was also made up by them with no evidence of audit trail to any computer data. also the personal details were wrong. wrong d.o.b , no middle name which my wife always uses, and only 2 years at address but no previous address which they always ask for.

Surely that nust make the CCA invalid?

Geoff

[finlander]

Re: Lowell / Vanquis Court Claim

For what it's worth, which probably isn't much, the OFT's threshold figure of £12 wasn't based on what they thought was reasonable but ''which as a matter of administrative priority we would be unlikely to intervene''. See attached Restricted Policy doc, albeit heavily redacted.

I know I quoted that but the judge didnt sound to impressed. I'm going to write to the oft and send him a copy of drydens court statement where he says quite clearly that 'this standard practice in the banking industry'.

I want an answer as to wether that is ok. im pissed now...

[finlander]

Re: Lowell / Vanquis Court Claim

Hi,

Hope everyone had a happy xmas.
I received my court order today and the main question I need advice on is this. The order says that 'the claimant has to supply a copy of the original default notice by 4th January 2014 or the the claim will be deemed struck out'

does this mean it is automatically struck out or do I have to apply for that after the 4th?

Geoff

[finlander]

Re: Lowell / Vanquis Court Claim

Ok its not over yet.

Drydens have sent a 'copy' of the default notice. It arrived today at about 1pm. The unless order says that it have to be filed and served by 4pm on the 4th.

The 'copy' is in fact a template letter from 2009 with no personal details on it. It is blank of all names address etc . With it was a sheet of paper with 'demand letter ' and two dates . The 4th september 2009 and the 21st september 2009. They state that this is data from vanquis computer stating when the default notice was sent to me.

I have had a SAR from vanquis and there is no mention of a deand letter sent on the 4th Sept on any of their documents.

I have today drafted an application to have the case struck out on the following grounds.

1. The documents were served on me on the 6th of jan not the 4th. They were posted on the 3rd (friday) knowing that the court expects two days for postage. This is in breach of the unless order
2. They have not supplied a true and accurate copy of the default notice and therefore are in breach of the unless order.
3. The template letter they have supplied has two dates as an example. they are the 5/4/2009 to the 15/04/2009. This allows on 10 days to rectify any default. If drydens claim this is an accurate copy of a default notice then as it doesnt allow 14 days then it is defcctive and can not be used. This means they have no prospect of success and the case should be struck out.


However I have no faith in the courts so I must now prepare a updated defence.

My new defence must rest on the following

• There is an unfair relationship as original pleas of finicial hardship and all correspondence were ignored
• The credit agreement was apaper leaflet but vanquis have claimed it was an internet application so a credit agreement is denied and any agreement must meet to original 1974 requiements due to the date this account was started.
• The 'alledged' computer agreement is defective as 1.personal details are wrong 2. no tick box to accept agreement 3. no link to t&cs
• The computer agreement is a microsoft excel spread sheet with no audit trail to any original data hence the mistakes in personal details.
• The default notice was never served. Has not been served and the account illegally terminated. The copy supplied by them is denied and even if accepted is defective.The SAR makes no mention of a default notice on the dates they claim to have got from the creditors computer.

Any idea on how to draft this would be helpful...please.. I have until th 11th allowing for postage.


Geoff