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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***


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....Then another letter dated 25/04/14 by BW LEGAL

 

..Stating

''As you are aware we represent Lowell Portfolio 1 Ltd .

You were served with the statutory demand by way of personal service on 08/04/2014 ...

( I do not have any letter dated 08/04/2014 ) ..

 

. please call xxx asap to discuss this matter further so that a settlement can be reached,

if we fail to receive a response from you by 10/05/2014,

we will send a bankruptcy petition to court to be issued. a hearing dated will be set etc etc ...

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Then this was followed by The Claim form from Northhampton Dated 08/07/2014 by BW LEGAL ..

 

. Please scroll above again for details

 

.. All these letters i believe arrived around the time when i had a baby and in and out of hospital .

 

. I think Lowell discovered that i have a property under my name

and hoped that i didnt see/ respond to this claim so as to get an automatic CCJ .

. in their favour ,

, I WON'T ALLOW THIS ! ....

 

I have just checked my my experian file and cant see anything at all on vanquis except search records,

also serch records by lowells.

 

My defence would be to demand A CREDIT AGREEMENT from them , SAR , CPR ...

 

As far i m concerned the balance of what i owed could have been cleared,

i need to see the total fees , charges , ppi elements that ihas pumped up this alleged owed balance .

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Bearing in in mind that i have a recovering 11 weeks old baby ,

how stressful might this journey be ?

 

Also , reading my above ..

 

. do you think my defence would be worth it ??

 

£3600,00 is a lot to dish out just like that !!!

 

I am up to date with all my debts and i definitely DO'NT want A CCJ....

 

PLEASE HELP ...

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Bearing in in mind that i have a recovering 11 weeks old baby , how stressful might this journey be ? Also , reading my above ... do you think my defence would be worth it ?? £3600,00 is a lot to dish out just like that !!! I am up to date with all my debts and i definitely DO'NT want A CCJ.... PLEASE HELP ...

 

First things first, Have you acknowledged the claim with the Court? You MUST do this before 26.07.14

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YES I have .

. I had problems doing it on MCOL .

.. I kept getting error reponses that the claim number or Password is wrong ..

. even though i am certain that i entered all characters correctly..

 

Eventually i had to call the courty and they provided me with an email to scan the filled out N9B form to.

. i have done this and got a receipt confirmation from them..

 

Would I still be able to access it online to monitor the Progress ?

has this happened to anyone before ?

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YES I have .. I had problems doing it on MCOL ... I kept getting error reponses that the claim number or Password is wrong ... even though i am certain that i entered all characters correctly.. Eventually i had to call the courty and they provided me with an email to scan the filled out N9B form to.. i have done this and got a receipt confirmation from them..

 

Would I still be able to access it online to monitor the Progress ? has this happened to anyone before ?

 

Once you have submitted your defence that will be the end of the MCOL access.

 

You now need to concentrate on putting your defence together and submitting it before the due date. What did you put on the Acknowledgement, that you intended to defend the claim ?

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If your advice friend is reccomending you talk to them over the phone, I would start listening to someone else. They mean well but the advice they have given re talking over the phone is tragic. It will get you in bigger problems.

 

AndyRoach is your guide :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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LOL yes you Mr :p

 

Your one of the many with Legal experience that have helped many people :D

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Apparently my friend missunderstood th whole situation, and thought I only wanted to negotiate repayment period...

 

I ticked defence on the acknowledgement...

 

. pls read the above for my discovery so far on this debt .

 

. I need your advice in how to put my defence together .

 

. SIR ANDYORCH and friends pls :)

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Apparently my friend missunderstood th whole situation, and thought I only wanted to negotiate repayment period...

 

I ticked defence on the acknowledgement.... pls read the above for my discovery so far on this debt .. I need your advice in how to put my defence together .. SIR ANDYORCH and friends pls :)

 

The best thing to do is search on the threads on here to establish a defence which matches your own defence of the claim,

post it here and ask for help / opinions.

 

Don't lose sight of the fact the defence MUST be submitted by 10th August,

if you don't submit it by that date the claimant can request a Judgment by Default

(ie you would get a CCJ if you don't submit you defence by the 10th !)

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We already have all the templates in the Legal Library tiggrae ...please do not post templates to thread in full.

 

PS no chance with your no 8. and number 1 must be made by way of a separate request with the statuary fee.

 

Regards

 

Andy

We could do with some help from you.

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We already have all the templates in the Legal Library tiggrae ...please do not post templates to thread in full.

 

PS no chance with your no 8. and number 1 must be made by way of a separate request with the statuary fee.

 

Regards

 

Andy

 

 

That's find Andy,

but you've also removed the initial comment regarding the need to send out a request for information under CPR 31-

no one is helping this lady with any advice !!

 

" One way of helping you defend a claim (but don't lose sight of the fact you need to put your defence together and submit it in time)

is to request specific documentation from the Claimant

- you can do this by sending the following letter with the attachment to them

- in most cases the claimant simply does not have the documentation necessary to support a claim in the county court

- you need to send this by recorded delivery to either the claimant

or if they are using solicitors to the solicitors address.

 

Send it recorded delivery,

 

when you submit your defence mention in it that you have Served a Request for Further Information on the Claimant / Claimants Solicitors

and attach a copy of the letter and it's attachment."

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Its in the link she completed in post #1 tiggrae

We could do with some help from you.

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might it be useful to attempt to discover why previous DCA's have offered such a massive discount.?

 

ok an sar to provident [vanquis] might NOt come in time, but if it does might throw some light?

 

gotta be ROP [PPI} or penalties fees involved here?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sir Andyorch .... Pls what is #1 and #8 ?? I don't seem to know what you are referring to pls ...

 

.. and Triggae Thanks !!!

" you can do this by sending the following letter with the attachment to them"

Please what letter ?? I can't see it

 

@ dx100uk ... Exactly !! That is why i am disputing it ..

. if I can't send an SAR to Vanquis now please what steps do I take ?

I am so sorry I am a lame man (woman :???:)

I have no clue in all these legal terminologies !!

I wish I could just hide behind someone to sort this nightmare out !!!

but i ve accepted it's my responsibility to clear up regardless ...

I get all sweaty realising I have ONLY got 2weeks to request information from them (lowell or BW Legal ) and also submit the defence!!

 

I don't want to shoot myself in the foot by relying on my own knowledge.....

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Vanquis do a scheme where they can freeze your account for up to a year, interest free if you are in financial difficulties.

 

Did you opt in to that when you opened the account? If not , not to worry,

 

get your acknowledgment in,

 

then get working on your defence.

 

If you can;t get it all done by the deadline (new babies and litigation don't really work well together),

submit what you can with a covering letter to the court,

copied to Lowell,

to say that further particulars will be supplied in due course and giving the reason why you have been unable to get everything in on time.

 

Small claims courts have the freedom to be fairly flexible (if it's not on that track, you could ask for it to be transferred).

 

Important though - include with your defence a request for the case to be heard at your local county court.

This may require a special form, others on here will let you know about that.

 

I'm sure it will all be fine,

but be aware - since you seem to accept that you do actually owe them some money

- that you will probably end up with a CCJ, but if satisfied within 28 days it will not show on your credit file.

 

It may be worth checking your default notice to ensure it complies with the legislation which is very particular about not only the words to be used,

but which ones need to have underlines and which ones need more emphasis.

 

also the dates by which you should respond etc.

 

If not, then the debt - although due - is unenforceable,

 

so the court cannot order you to pay it, leaving Lowell and Vanquis completely impotent.

 

Good luck - you'll be fine with all the help available here

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@ Bsjbuckler .. Thanks For understanding that "NEW BABIES AND LITIGATION DON'T WORK TOGETHER" especially when it's a seriously ill recovering infant with a more demanding attention ....

 

Honestly , i don't remember opting in or out of anything .. I can't find any default notice from them, I have checked everywhere .. I do not want any CCJ which is why i am not part admitting , I am defending the claim.

 

I have read through mostly the threads to find out how to approach my next step .. but i am just getting more confusingly muddled up !! .. at this stage, I have ONLY just acknowledged the Claim. Could someone please advise or paste a link on the template of how, who to SAR, CAA , and CPR, what other documents ?? and how many days should I request that they respond by ? bearing in mind that I should submit the defense by 07th of August 2014 ...

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Sir Andyorch .... Pls what is #1 and #8 ?? I don't seem to know what you are referring to pls ...

 

.. and Triggae Thanks !!!

" you can do this by sending the following letter with the attachment to them"

Please what letter ?? I can't see it

 

@ dx100uk ... Exactly !! That is why i am disputing it ..

. if I can't send an SAR to Vanquis now please what steps do I take ?

I am so sorry I am a lame man (woman :???:)

I have no clue in all these legal terminologies !!

I wish I could just hide behind someone to sort this nightmare out !!!

but i ve accepted it's my responsibility to clear up regardless ...

I get all sweaty realising I have ONLY got 2weeks to request information from them (lowell or BW Legal ) and also submit the defence!!

 

I don't want to shoot myself in the foot by relying on my own knowledge.....

 

Rita I have removed part of tiggs post that why it does not make sense.

 

You request information by using the following links...these were in the fist post that you was advised to read and complete.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974(2-Viewing)-nbsp

 

Have you completed your acknowledgement of service?

 

Have you worked out your defence due date?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Send the above off then asap and I will look next week at what can be offered as a possible defence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks so much !!!

 

I 'm breathing much more better now with your advise so far !!! ..

 

I am hoping to put this together tonight and send off recorded by midday tomorrow ..

 

. so Am I to send the CPR 31.14 request to Lowell's solicitor i.e Bw Legal

 

and also send the CCA directly to Lowell with the £1.00 postal order ?

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yes correct dont sign either

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I make your def deadline midnight the 9th?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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