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Lowell claimform - old Vanquis card debt


Heather58
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I have been dealing with Lowell as they are taking me to court for non-payment of a credit card from three years ago.

 

A court date has been set for beginning of October and Lowell have sent me the paperwork requested after being told to by the court, albeit the credit agreement does not have my signature on it is covered up by a vanquis stamp and signature.

 

Today I have received a General Form of Judgement or Order which states that:-

 

UNLESS the claimant files a completed allocation questionnaire and pays the fee by 4pm on .... the claim will be struck out without further order.

 

UNLESS the defendant files a completed allocation questionnaire and pays the fee by 4pm on .... the claim will be struck out without further order.

 

Am unsure what I am supposed to do and hope someone can help.

 

Many Thanks.

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you wait. Lowell hasnt filed the correct paperwork, so unless they comply, the claim will be struck out

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Have you submitted your witness statement and documents you intend to rely upon as evidence ?

We could do with some help from you.

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I don't think I have sent in a witness statement. I have only recently received documents from Solicitors.

 

The credit agreement they have sent me does not show my signature, it is covered by a Vanquis tamp with their signature in it.

 

Also, the letter just received from court has asked both Lowell and myself to send in a completed Allocation Questionnaire and fee - do I have to do this and where do I get the form from.

 

The case has already been allocated to a track as I have a court date beginning of October.

 

Not sure what to do from here.

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Okay given the very little information you provide...I assume this is a small claims track claim so you file the N180//not sure why you are filling an allocation questionnaire given your claim has already been allocated and you have trial date ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

You dont pay a fee .....only the claimant....unless you have made a counterclaim?

We could do with some help from you.

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I received a letter from the Court yesterday to say that they had sent the wrong General Form of Judgement or Order out and to disregard it.

 

They also enclosed a new order which says:-

 

The Claimant having failed to comply with the previous Order requiring the filing of evidence to be relied upon is ordered that:- Unless the Claimant files and confirms service on the Defendant by 2pm on 27th September 2017 a copy of the evidence the Claimant intends to rely upon will case will be struck out.

 

It also says:- The Defendant having failed to comply with the previous Order requiring the filing of evidence relied upon it is ordered that:- Unless the Defendant files and confirms service on the Claimant by 2pm on 27th September 2017 a copy of the evidence the Defendant intends to reply upon, the Defence and any Counterclaim is automatically struck out, and the Claimant has permission to enter judgement providing the Claimant has complied with the orders made in this matter and the Claim has not been struck out.

 

In light of the above, can someone tell me what I am supposed to do next, as on the previous order I received from Court, it didn't tell me to do anything, it was informing the Claimant to send me the relevant paperwork I had asked for (ie. copy of agreement etc)

 

I only have a couple of days to put something together if that is what I am supposed to do - not sure at all.

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Its basically stating that neither of you (Claimant and Defendant) have complied with directions contained in the Notice of Allocation.

 

Confirms my posts #3 and #5

We could do with some help from you.

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Having looked at all the paperwork I have got, I have done everything that has been requested. I filed the N180 form and Lowell have now sent me copies of paperwork they rely upon, although the copy of credit agreement does not show my signature, it has a Vanquis stamp over it with a signature of theirs.

 

I do not know what I am to do next and I only have till 27th September to submit whatever it is I am supposed to do.

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If you type 'witness statement' into the Search CAG box, you should see examples of other people's witness statements.

 

Hopefully Andy or dx will be along later to confirm this is what you need to do, as I'm not expert in this. But Andy did mention it in post #3.

 

HB

Illegitimi non carborundum

 

 

 

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Having looked at all the paperwork I have got, I have done everything that has been requested. I filed the N180 form and Lowell have now sent me copies of paperwork they rely upon, although the copy of credit agreement does not show my signature, it has a Vanquis stamp over it with a signature of theirs.

 

I do not know what I am to do next and I only have till 27th September to submit whatever it is I am supposed to do.

 

So Lowell have complied with the order...hence you receiving their disclosures and i assume their statement...so just you that has not complied and done the same

 

 

So the Order should now read......

 

The Defendant (You) having failed to comply with the previous Order requiring the filing of evidence relied upon it is ordered that:- Unless the Defendant files and confirms service on the Claimant by 2pm on 27th September 2017 a copy of the evidence the Defendant intends to reply upon, the Defence and any Counterclaim is automatically struck out, and the Claimant has permission to enter judgement providing the Claimant has complied with the orders made in this matter and the Claim has not been struck out.

 

Time to comply with the order and submit your evidence and disclosures.....otherwise they strike out your defence and you get a CCJ...without it going to court

 

You have 2/3 days to act

 

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

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