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Good evening all
A friend of mine received a claim regarding an old Vanquis account which due to a lot of burying head in sand has now progressed to a claim.
A Defence below was filed and a CPR 31.14 request was made which was the best I could come up with based on what she told me and the fact that in honesty she does owe something to Vanquis the original creditor however the claim was over £3600 and the credit limit was on the card was only £2000 so I figured there may be charges that could be challenged.
Now I know that this is probably a very wobbly Defence and I have advised my friend of this however BW have not provided the documents requested in the CPR 31.14 request and have only sent a letter stating the matter is to proceed.
Not sure where this leaves her now as my ultimate hope based on the fact the defence will not succeed was probably a Tomlin Order agreement thus avoiding judgment on a more realistic balance but without the statement requested in the CPR letter I don't know how much of the balance is charges that may be challenged.
I would welcome further thoughts and advice as my friend has had a tough time the last couple of years and would like to ease her worry over this.
1. The Defendant denies the sums claimed and further denies any agreement has been made with the Claimant in order to repay the balance under the quoted account number.
2. The Defendant has never opened or requested an account with Lowell Portfoliol Ltd and puts the Claimant to strict proof that such an agreement exists under the Consumer Credit Act.
3. The Defendant has requested copies of said agreement mentioned in the Particulars of Claim under CPR 31.14 along with a copy of any notice of assignment as this has not been received along with any supporting documentation for this claim which has not been provided to date.
4. The Defendant has not received any historical account statements from the Claimant in relation to this agreement which would detail how the balance claimed is calculated.
5. The Defendant asks that the Claimant discontinue the claim so the matter can be referred back to the Claimant to provide the requested information and documentation which will support their position and in order to achieve settlement between the parties thus saving further expense and court time.
A friend of mine received a claim regarding an old Vanquis account which due to a lot of burying head in sand has now progressed to a claim.
A Defence below was filed and a CPR 31.14 request was made which was the best I could come up with based on what she told me and the fact that in honesty she does owe something to Vanquis the original creditor however the claim was over £3600 and the credit limit was on the card was only £2000 so I figured there may be charges that could be challenged.
Now I know that this is probably a very wobbly Defence and I have advised my friend of this however BW have not provided the documents requested in the CPR 31.14 request and have only sent a letter stating the matter is to proceed.
Not sure where this leaves her now as my ultimate hope based on the fact the defence will not succeed was probably a Tomlin Order agreement thus avoiding judgment on a more realistic balance but without the statement requested in the CPR letter I don't know how much of the balance is charges that may be challenged.
I would welcome further thoughts and advice as my friend has had a tough time the last couple of years and would like to ease her worry over this.
1. The Defendant denies the sums claimed and further denies any agreement has been made with the Claimant in order to repay the balance under the quoted account number.
2. The Defendant has never opened or requested an account with Lowell Portfoliol Ltd and puts the Claimant to strict proof that such an agreement exists under the Consumer Credit Act.
3. The Defendant has requested copies of said agreement mentioned in the Particulars of Claim under CPR 31.14 along with a copy of any notice of assignment as this has not been received along with any supporting documentation for this claim which has not been provided to date.
4. The Defendant has not received any historical account statements from the Claimant in relation to this agreement which would detail how the balance claimed is calculated.
5. The Defendant asks that the Claimant discontinue the claim so the matter can be referred back to the Claimant to provide the requested information and documentation which will support their position and in order to achieve settlement between the parties thus saving further expense and court time.
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