If your sure it only states that the claimant disclose and submit witness statement and not parties.....then that must be correct given that a trial date has yet to be set.Its just strange that only the claimant submit by 27th July and you the defendant do nothing.

The only request for documents from the court is the one thats included on the PDF, and it only states the claimant to provide evidence.

I've read, reread and read again.

TP

ah yes I forget it was enclosed with the witness statement.....this is very good for you as the court is testing the claimant before giving you directions to see if they could disclose the documents requested.

So now we need to scrutinise their documents in particular the defaults and last payments.

Hi Andy and co,

resurrecting this post as I have received a trial date and request to submit my own evidence now.

I have none of the original paperwork for the vanquis account,

nor any documentation sent by Lowells,

other than that to do with this court case.

The only thing I hold electronically is a copy of the last letter I sent to vanquis with the last payment of £1, as noted on the account statement on 08.04.2011.

I can submit this and a witness statement. I am determined to fight this,

I would really appreciate any advice that can be given on what to include in my witness statement and any additional supporting information.

I am doing as much research as I can in the background.

Thanks in advance

TP

Same stage on the following thread.......your evidence is also any CCA/CPR requests and responses and anything you wish to rely on and refer to either in your defence or witness statement.

https://www.consumeractiongroup.co.uk/forum/showthread.php?477490-Lowell-claimform-old-Creation-Finance-loan-debt/page4

Regards

Andy

OK thank so much! Nice to know I am not alone! Sort of.

Plenty on here at the same stage...take your time on this as this is vital to defending a claim.

UPDATE

Hi, I thought I would update interested parties on progress of my case. I submitted my defence as requested and on time. I called the court today as I had not heard anything subsequently and they confirmed that Lowell paid the trial fee on time so the hearing is going ahead on 6th November.

I am still amazed that Lowell intend to push this case based on the cause of action being the date the default notice took effect rather than my last correspondence/payment with the original creditor, and yet they have failed to provide the evidence to support this (other than a poorly photocopied template default notice with generic data).

My defence drew the judge's attention to this and to the fact that vanquis t&cs did not (and do not now) include any terms regarding default terms, or default periods.

However I am going to court. I am in no position to afford legal representation for this case so will have to represent myself.

At this stage I would appreciate any pointers in terms of research I need to do beforehand or access to free legal advice/representation. Also if anyone has experience of what I can expect on the day that would also be greatly appreciated.

Thanks as always

TP

Have you submitted your evidence (Witness statement and disclosures) ?

Post a copy of your WS here for checking

Andy

Thanks for reply Andy, yes evidence submitted to court and OP.

Comprised WS and exhibits, which included a copy of my last ever correspondence with Vanquis,

and return copies of Lowells evidence with notes,

these being the incomplete T&Cs from Vanquis,

and the poor copy of template default notice,

along with copies of Section 5 Limitation Act 1980 and Section 87(1) of CCA 1974.

I have attached my WS and the copy letter as this is the only new information.

Grateful for feedback and your time

Thanks

TP

CCCS Letter to Vanquis March 2011 data removed.pdf

Witness Statement Lowells 21.09.17 Data Removed.pdf

nice WS.

dx

Thank you. I don't mind admitting I spent a long time researching and composing that.

I will look in more depth at CCA and Limitation act and examples of cases and law regarding statute barred debt.

I am OK at presenting/defending myself however I want to be as prepared as possible.

Any pointers you can offer on research much appreciated.

TP

UPDATE

I just thought I would update on this case.

I defended myself in court today - AND WON!

The judge dismissed the case for lack of evidence

- the original default notice was never provided.

I've got to say it was one of the most nerve wracking things I have ever done.

The representative from Lowel's tried to talk to me before the hearing and I summarily dismissed her

- I knew from reading on here that is one of their tactics.

I have some advice for anyone else in this position.

Do your homework.

The judge was impressed at my witness statement,

my knowledge of dates and details of the case, and my knowledge of the Limitation Act.

The OP tried to insist that the case was subject to section 6 not section 5

but in either case it relies on a default notice

and as such they shot themselves in the foot trying to take me to court on this basis

and then not provide the key evidence.

Also have courage.

I corrected the Judge on a point

- she insisted that the lack of default terms or defined default period was of benefit to me as in it allowed for the credit agreement to keep rolling,

however I told her that in fact it was clearly to the benefit of the original creditor as they had applied some £600 of charges to my account before serving the imaginary default notice.

When the OP tried to blame the Christmas post for the lack of evidence,

I was able to quickly assert that in their letter from last May they had clearly stated their case relied on the default period and as such the Claimant had had plenty of time to provide the evidence.

I am satisfied at the outcome and my intention is now to report Lowel to the FCA for their tactics and breaches of regulations.

Many many thanks to all that helped me on this brilliant forum.

I shall be donating and I am happy to offer any advice or talk through my experiences if it helps anyone else face up to these low life.

TP (smiling)

well done

shows the importance of reading here and not just being spoon-fed.

FSA became the FCA:madgrin:

Thanks dx - I'd be happy to post my links for research if that helps anyone.

Excellent twopennies

Thread title amended to reflect the outcome.

Regards

Andy

Excellent. Definitely report Lowell.

@ twopennies

Hi, I know this case is over and done but I thought some might be interested to know the latest in my battle against Lowell.

I submitted two subject access requests, one to Lowel Portfolio I and one to Lowel Solicitors, and sent a scorching official complaint letter to Lowell.

I also contacted the Financial Ombudsman and the FCA.

Lowell have sent reams of paper in response to SAR but most of it is copies of information I already have.

Notably missing is any sniff of a default notice (the basis for their entire claim against me).

Lowel have failed to respond to my complaint and it is now over 8 weeks since it was lodged and the ombudsman is now contacting them to ascertain if they 'made a mistake' in their action against me.

I hope to have a copy of the transcript of the court hearing in next week or so.

I will update as and when I get news.

Any questions please fire away

TP

What are you trying to achieve..the claim was dismissed ? A creditor is not required to retain a hard copy of the default notice...as long as they can prove one was issued via their internal audit systems..that satisfies the CCA1974.

Andy

Just picking up a point on this - merely to clear it up in my own mind.

Would the cause of action not actually be 2009?

This being when the agreement was breached, and not subsequently remedied - therefore they had the right under the agreement at that point to issue a Default Notice and then commence recovery (through the courts, if necessary).

Last acknowledgement came later (April 2011) in the form of the £1 token payment, but to my mind, this does not represent a cause of action.

Thoughts?

correct

Hi Andy,

Thanks for reply and good question. I wanted them to be held accountable for their actions, in the first instance. Wasting my time, the court's time, and in essence, bullying me into paying a debt that was SB by threatening court action. Most people would capitulate to their threats and end up paying and this is what frustrates the hell out of me. They shouldn't get away with this sort of behaviour. At the point that they KNEW there was no evidence of a default notice (in spite it being arguable that this was when date of accrual began), they should've stopped their course of action (this being May 2017).

It may be futile trying to take on this company but I still felt compelled to speak out about their behaviour.

I have now received a response to my complaint from Lowell. They have upheld my complaint, and have apologised for 'the trouble and upset' that the matter has caused and offered me a nominal sum by way of compensation. They are claiming they upheld the directions from the court but admit that they knew in May 2017 that a poorly copied template was all they had by way of the default notice. I am pondering what to do with this at the moment. My gut feeling is that if pursuing money is my goal then I could probably wring a bit more out of them, but since this isn't my goal, then for my own sanity I probably need to let this drop now as I have other things that need my energy and attention. Taking on the ethics of the debt collection industry can wait for another day!

TP

Pleased you have got something out of them....