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**WON!!** Can I amend a poor defence ?

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  • **WON!!** Can I amend a poor defence ?

    Hi All, looking for some last minute advice please....

    Somewhat backwards way to go about this and probably too late now, but have used this forum &the advice given for the last month or so in preparing my witness statements, and exhibits regarding a court claim Lowell have issued through MCOL in August 2016. The court date is in 2 weeks....
    My defence was entered before I looked on here and basically ( no legal argument) just that they have hounded me for 5 years for a debt they haven't proved is mine . V weak now looking at all the templates!

    The debt is with Vanquis,
    The court claim is for £766..93 + costs totalling £958.28
    I requested documents from Lowell back in February and they have provided me with a computer generated print out of internet application form, an excel spreadsheet with my name on, the account number and some transactions on ( and mostly a list of charges) no address, but a total at the end stating £612.50. The default notice states £680.68 & The court claim states £766.93 - wholly confused which figure is right ?

    The default notice although not on headed paper looks the most genuine of all of them. I have never received a notice of assignment and despite asking for it twice in the past 10 months haven't received one.....until their witness statement arrived on the doormat, and there is one which looks "manufactured" included saying they issued it in 2013 - have never received this.

    The letter they wrote to me in September 2016 in reply to CPR requests states they are requesting the NOA from the client -yet supposedly sent me one in 2013.
    The notice of assignment is on plain paper, no heading , with no registered office address etc - is this a suitable document to rely on in court ?

    There are also errors in their paperwork, they state the default date is April 2012, yet the default notice states Dec 2011. They also wrote in their witness statement that they have applied to shop direct for the statements and have included them in as exhibit 4 ( the debt is with Vanquis not shop direct), and in my opinion not a statement just a spreadsheet.

    I'm looking for a bit of advice as to - it is worth me going to court or have I already sealed my fate with a useless defence ? Are the documents they have provided good enough for court or would they be questionable? - although there is no agreement, and nothing signed by me present , everything else they have provided could have been typed up by my 10 year old.

    Any advice you can give would be greatly appreciated.

    Thanks
    moo
    Tags: None

  • #2
    Re: Can I amend a poor defence ?

    Have you ever sent the Claimant a formal Section 77-79 CCA Request ? If not then do that asap. It could be your belated Defence.

    Upload the (redacted) documents they've sent you so someone on the forum can give you their opinion.

    The short answer to your question (thread title) is yes you can amend a Defence but it's not that simple. You either need permission from the court (following a formal application to amend) or you need the Claimant to consent to your Amended Defence.

    As a LIP you may be able to deal with the issue in your WS unless you're introducing whole new legal arguments.

    Di

    Comment


    • #3
      Re: Can I amend a poor defence ?

      Thank you for your reply. I will upload the documents tomorrow, as heading off to bed. I sent them a CPR 31.14 request which they replied to with the documents listed above.... I can assume this was wrong now

      Thanks
      Moo

      Comment


      • #4
        Re: Can I amend a poor defence ?

        Originally posted by xxmoomooxx View Post
        I sent them a CPR 31.14 request which they replied to with the documents listed above.... I can assume this was wrong now
        No it wasn't wrong to send the CPR 31.14 Request but you should have sent the S.77-79 CCA Request as well.

        It's not too late to do that

        Use your WS as an opportunity to tear the documents they've disclosed so far to pieces.

        Di

        Comment


        • #5
          Re: Can I amend a poor defence ?

          Thank you.

          My WS was submitted on 9th Dec, and included all the discrepancies I had at the time in their paperwork - There are more discrepancies now in their WS which arrived late as per their usual protocol, and exhibit 4 is the spreadsheet they pertain to be a "statement" claiming they got it from shop direct, which is not the creditor its vanquis - just looks like their WS is a standard template which they just amend dates, names and company details on....some of which do not correspond to the documents provided by them. I Will have to bring these up at the hearing, as I have no further opportunity now to add any more I don't think ? I didn't have their WS before I sent mine in.

          Thanks
          Moo

          Comment


          • #6
            Re: Can I amend a poor defence ?

            Originally posted by xxmoomooxx View Post
            The default notice although not on headed paper looks the most genuine of all of them.
            If it is anything like my old vanquis default it wont be in any way compliant.

            Dates will be wrong.
            Prescribed terms will be wrong.
            Will be missing the last paragraph needed.

            To name a few.

            Comment


            • #7
              Re: Can I amend a poor defence ?

              Originally posted by xxmoomooxx View Post
              My WS was submitted on 9th Dec, and included all the discrepancies I had at the time in their paperwork - There are more discrepancies now in their WS which arrived late

              . . . . I Will have to bring these up at the hearing, as I have no further opportunity now to add any more I don't think ? I didn't have their WS before I sent mine in.
              Did you file your WS too early if the hearing is listed for next month? Or did the court Directions tell you to do that?

              If your reason for wanting to file an Amended Defence is because you've now seen their WS then I think you may be barking up the wrong tree.

              Deal with the discrepancies at the hearing.

              And send a CCA Request!

              Di

              Comment


              • #8
                Re: Can I amend a poor defence ?

                The court directed to have the WS by the 9th December and the court date is the 13.01.16. I received their WS on the 12 Dec, although I should have received this by the 9th also.

                My defence was entered the day I acknowledged the claim, I didn't know what I was doing Their WS states they want the claim struck out as the defence has no Merit ( which it doesn't carry a lot! ) and that was ignorance on my part. I would like to amend the defence if possible, but how would I do this ?

                Will send CCA request today.
                Thanks

                Comment


                • #9
                  Re: Can I amend a poor defence ?

                  Documents I have in my possession attached. Could someone have a look at them please and tell me if they carry any weight ? Thanks Moo
                  Attached Files

                  Comment


                  • #10
                    Re: Can I amend a poor defence ?

                    Hi,
                    CCA Request has been sent today, recorded + £1 statutory fee. Do the documents above look legit to you ?

                    Thanks
                    Moo

                    Comment


                    • #11
                      Re: Can I amend a poor defence ?

                      Hi, How could I use the CPR request as a belated defence ? I don't suppose I will get anything more back from them than what they have sent already ?

                      Thanks
                      moo

                      Comment


                      • #12
                        Re: Can I amend a poor defence ?

                        Originally posted by xxmoomooxx View Post
                        Documents I have in my possession attached. Could someone have a look at them please and tell me if they carry any weight ? Thanks Moo
                        That " agreement " does not comply imo there are no terms and conditions.

                        nem

                        Comment


                        • #13
                          Re: Can I amend a poor defence ?

                          Thanks for the response Nem, how relevant is this to the hearing and how do I argue this on the day ?

                          Thanks
                          Moo

                          Comment


                          • #14
                            Re: Can I amend a poor defence ?

                            Hi All,

                            Just a quick question relating to the T&C that I don't have, the case is due in court this week and petrified of going The digital application form references T&C's, did the claimant need to provide these for it to be compliant or is the "agreement" just non compliant without them ?

                            Thanks Moo

                            Comment


                            • #15
                              Re: Can I amend a poor defence ?

                              Originally posted by xxmoomooxx View Post
                              The digital application form references T&C's, did the claimant need to provide these for it to be compliant or is the "agreement" just non compliant without them ?
                              You've referred to a "digital application form". If this was an online application then it's possible that the Ts & Cs would have been on the screen but I think they would still need to produce a copy of them as evidence of what you would have seen at the time.

                              However I'm aware of some Defendants successfully arguing that in order to "see" those Ts & Cs they would have had to click on a link which they may not have done and/or was only accessible AFTER they had signed (tick box) the "CCA".

                              It's a complicated argument and one I'm not suggesting is appropriate for you since I haven't read your thread to know the history of the account so it may be completely irrelevant

                              Di

                              Comment

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