Got a claim the other day for my husband, is a vanquis card he had, sold to Lowells who have been writing and we've ignored.

Want to admit all and set up payment arrangement. can i do this and avoid a CCJ

I have already e-mailed Lowells and asked to make an arrangement, what do you think?

Thread moved to Financial Legal Issues.

If you would read the following link and copy and paste your responses back here for further advice on how to proceed.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

Regards

Andy

Hope this is ok Andy

Name of the Claimant ? LOWELL PORTFOLIO I LIMITED

Date of issue – . - 21/07/2016

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. -

1) The defendant entered into a consumer credit act 1974 regulated agreement with vanquis under account ref **************** (the agreement)

2) the defendant failed to maintian the require payments and a default notice was served and not complied with.

3) the agreement was later assigned to the claimant on 4 / 09/2014 and notice gievn to the defendant.

4) despite repeated requests for payemtnthe sum of £678.73 remains due and outstanding and the claimant claims

a) the said sum of £678.73

b) interest pusuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.149, but limited to one year, being £54.30

c) costs.

What is the value of the claim? - amount claimed is 733.03 plus court fee 60.00 and legal rep costs 70.00 - total = 863.03

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card account

When did you enter into the original agreement before or after 2007? after 2007

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. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes was aware and did receive notice of assignment.

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes

Why did you cease payments? - just could not afford payments and buried head!

What was the date of your last payment? not sure exactly.

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

Have you ever sent Lowell a CCA request

No, but I even have the agreement somewhere - I don't think there's any way that they don't have it.

No, but I even have the agreement somewhere - I don't think there's any way that they don't have it.

But have you ever requested it from Lowlifes? Its irrelevant if Vanish have previously complied.

Andy

No I haven't but to be honest I really dont want this to go to court, It's in my husbands name but it's my fault it's got this far. I really just don't want him to find out, so i'd rather admit the debtand pay it off

Only way to possibly avoid a CCJ is to defend it...any offers is an admittance and an automatic Judgment..unless you pay it all off within the stated timeframe

But I thought If I go direct to Lowells and admit and send the n9a it might avoid the ccj?

But I thought If I go direct to Lowells and admit and send the n9a it might avoid the ccj?

Only if you admit all the debt and pay the full amount claimed...and costs

Yep that's what I'm going to have to do then. I have already sent an e-amil to Lowells and explained our situation at the time and admitted that he buried his head in the sand as did I. but I can only pay by instalments , would that be ok?

Afraid not ...payment in full or defend all ...unless you can talk them into considering a Tomlin Order offering a payment arrangement and they stay the claim (NO CCJ)

No I haven't but to be honest I really dont want this to go to court, It's in my husbands name but it's my fault it's got this far. I really just don't want him to find out, so i'd rather admit the debtand pay it off

As Andy has already replied

, you will automatically get a CCJ unless you defend this.

As I have seen many times,

they are hoping to intimidate borrowers and obtain judgement in default

. I hear what you say about your husband finding out,

but you really have nothing to lose Myfamily now that proceedings have been issued.

You will strengthen your bargaining position if you log into MCOL

and tick the defend all box.

Also send off a CCA request asap.

Lowells will no doubt have purchased this debt for x pence in the pound. Hence, you may find them willing to offer you a significantly reduced sum to settle.

But please, please, do enter your intention to defend. You can always negotiate a settlement at a later date, without the need for this to go to court. The sum is so small, that Lowells will not want to spend hundreds of pounds on legal fees that they will not recover.

Use this to your advantage but you must defend to have any hope of avoiding a CCJ.

No harm in defending all

And get a CCA request running to Lowell's

And a CPR 31:14 running to the sols

We can sort out a Tomlin or whatever later if it gets sticky

Please don't fold

ok, if I go online and defend all, do I need to write a defence now?

what would be my defence??

and what about the e-mail i've already sent to Lowells

, can that be used against me now?

No my family you don't need the defence yet.

Just log onto mcol click acknowledgment,

defend all

, leave jurisdiction unchecked

go to the end of that, then log out

. these guys on here will point you in the right direction for a defence.

you do need to get a cca request in tho asap

Also I might be wrong as I'm pretty new but I think if you defend and get as far as mediation, you can agree a payment plan there if you wish and not receive a ccj, but I'm not sure on that.

Get post 14 done

Defence is weeks away yet

wel I got a reply to my e-mail.

"We are unable to accept any offers of repayment as a claim form was issued to you on 21 July 2016, you should read this fully and reply to the claim.

If you are admitting the debt in full and wish to pay by instalments, our team are available to complete the admission form response with you over the telephone if you prefer. They can be contacted by calling the below telephone number. Please ensure you have details of income and outgoings to hand when calling. If you are completing any other from in response to the claim, this should be sent directly to the Court as directed on the claim form.

If you don’t respond to us within 14 days we may enter a County Court Judgment by default against you which would mean further costs and could make it difficult for you to obtain credit, mortgages or even some employment while it remains unsatisfied on your credit file for a maximum of 6 years.

To avoid a County Court Judgment the balance must be paid in full within 14 days of the claim being issued, or paid by instalments over 6 months."

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I didn't get a chance to do the cca over the weekend so gonna go do it now and post later. will go onto the MCOL and defend now.

A word of advice - don't go emailing claimants without first asking on here whether it's a good idea.

Get a CCA and CPR request written up and sent. CCA to Lowell - CPR to the solicitor acting for them.

Shamrocker- yes you're totally right - I had a panic because I knew I was wrong and fired off an e-mail without thinking!

sending the cca and cpr today

good have you ack'd the claim too?

Shamrocker- yes you're totally right - I had a panic because I knew I was wrong and fired off an e-mail without thinking!

 

sending the cca and cpr today

There's no need to panic. Just follow the process stage by stage and there'll be opportunities to negotiate on the total amount to be paid and also the way it's paid. The first part is to request documented proof of the debt they're claiming - i.e. CCA & CPR requests. This will also make them work and they'll be well aware that more work means more cost and less profit. Therefore, you're preparing the groundwork for future negotiation...assuming you can't realistically challenge the full claim.

As DX says, make sure you acknowledge the claim without delay. You can quite easily do this online.

ok, I'm really panicking now - I can't get logged into the website to defend - I registered the other day and tried to log in again today and it won't let me, so i tried to re-set my password, still didn't let me in. so tried to re-register, I get to the repond to a claim page and put in the claim details and it says my claim number or password is incorrect!! What am i supposed to do?!!

ok I've finally managed to log in, do i contest jurisdiction? don't know what this means?

read post 16

Sorry, all done now, was getting very stressed as it has taken me all day just to log onto MCOL!