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Lowell Claimform - old Vanquis card debt***Settled Tomlin Order***


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  • 4 months later...
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Sorry it's been a while, I thought that I would update you all.

I had put this problem on the back burner due to family problems.

 

In the meantime I had received a forest of letters from the Lowell offering me all sorts of 'discounts'.

I just ignored them thinking if they were offering me the 'opportunity of a lifetime' by giving all sorts of discounts, then they were probably weakening and eventually fade into oblivion.

 

But lo and behold, I have received the papers from Northampton County Court this morning.

I intend to fully fight it, it has only just dropped off my credit file after six years (not SB i'm afraid) and i'm certainly not having it there for another six.

 

They sent me about 15 pages of a photocopied credit agreement with no signature from myself.

I attach the only relevant page.

I wonder if anybody can advise me as to whether this is enforceable and what my next steps are.

It is more or less interest charges and PPI.

 

Any help truly appreciated.

Vanquis.JPG

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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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Name of the Claimant - LOWELL PORTFOLIO I LTD

Date of issue – 05 DEC 2018

 

Date to acknowledge - 23 DEC 2018

 

Date to submit defence - 7 JAN 2019

 

What is the claim for –

.

1. The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference 4023************ ('the Agreement').

 

2. The Defendant failed to maintain the required payments and arrears began to accrue.

 

3. The Agreement was later assigned to the Claimant on 29/09/2017 and notice given to the Defendant.

 

4. Despite repeated requests for payment, the sum of £25**.** remains due and outstanding.

 

And the Claimant claims

a) The said sum of £25**.**

b) Interest pursuant 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 £0.556, but limited to one year, being £2**.**

c) Costs

 

What is the value of the claim - £2925.98

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account - Vanquis Credit Card

 

When did you enter into the original agreement before or after 2007 - 26 May 2010

 

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. Lowell Portfolio I

 

Were you aware the account had been assigned – did you receive a Notice of Assignment - Yes

 

Did you receive a Default Notice from the original creditor - I don’t think so - I had requested it with CCA but have not received it.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year - No

 

Why did you cease payments - Redundancy. I thought it would be covered on the ROP I was paying them but I was told that it did not. I stopped paying as I was mis sold and I could not afford the minimum repayment on JSA.

 

What was the date of your last payment? 31/08/2016. Token payments to Moorcroft DCA.

 

Was there a dispute with the original creditor that remains unresolved - PPI (ROP) Mis selling.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon No

Edited by dx100uk
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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

…………..

 

we will need to see the complete CCA return scanned up to ONE multipage pdf please

read upload .

 

ppi/ interest will not make +£2500 and is sadly irrelevant.

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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Update. Today I received a letter from Vanquis to state that a refund of ROP, £164.00 in total is being sent to Lowell to come off the debt. Surely this isn't right. I am disputing this debt and any ROP which I paid at the time is owed to me. I have looked around but can't see much about this.

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we will need to see the complete CCA return scanned up to ONE multipage pdf please

read upload .

 

PPI/ interest will not make +£2500 and is sadly irrelevant to the court claim.

 

its a side issue as they don't include the premiums your paid just the interest on the TOP because you've not questioned it mis-selling yet.

 

don't get side tracked

 

get the 1st line of this post done please

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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that CCA doesn't sit right with me

there are quite a few scans of others in

 

vanquis claimform threads

and

vanquis CCA return

 

use the search CAG box of the top redtool bar

have a look around.

 

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 have had a good look around and none of the credit agreements are like the one I received.

It looks definitely reconstituted.

 

I also received what looks like a copy of an excel spreadsheet with my basic details included.

There is one of these on another thread called 'Electronic Signature For Online Applications".

I will attach it tomorrow.

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  • 2 weeks later...

These are the identical copies I received in the CCA agreement along with the copy of the agreement.

I cannot scan the originals as they are of poor quality.

 

I sent the CPR request to Lowell Solicitors by track and trace well before the deadline of 23 December and I have checked online which states that they signed for it on 27 December 2018.

 

One thing I am bothered about is now Vanquis have given the ROP interest of £164.00 to Lowell.

The amount claimed by Lowell is now incorrect.

 

Will this have any bearing on the claim.

 

Any help most appreciated.

1.pdf

2.pdf

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all blurred up your resolution

the default notice...??

 

ONE multipage PDF please ONLY

read upload

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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Share on other sites

These are the originals, please note that the quality is very poor, it seems these have been taken from an extremely poor photocopy.

 

To my knowledge, I have not received any default notice from Vanquis, nor did I receive one when I CCA'd them.

 

Today,

I have received a letter from Lowell Solicitors stating that I have not contacted the Court and will press for Judgement.

This letter was dated 26 December.

 

I replied by MCOL on 10/12/2018 stating that I wish to defend the whole claim and sent CPR request which they received on 27 December by track and trace.

I have saved document from MCOL proving that I intend to defend the claim.

The rest of the letter is full of threats.

 

I am fuming that they have lied, stating that I have not responded to the Court when in fact I have, and I can prove it.

If I did not know any better, I would swear that this is tantamount to trying to pervert the course of justice.

 

Anyway, rant over. I hope the documents are OK albeit difficult to read.

 

Many thanks.

combinepdf.pdf

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its a std letter they send ignore it.

 

just do not miss you def filing date

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 received a letter from Lowell Solicitors today dated 31 December.

It states that a copy of the agreement and notice of assignment is enclosed as agreed.

There was nothing, just the letter, that was all.

 

My filing date for defence is 7 January,

I need to get my skates on and send something off by tomorrow at the latest.

 

As they have not sent the paperwork they have promised,

do I submit an embarrassed defence,

or it is one of their 'tactics' to pull this type of stunt.

 

I have never done a defence before and I am pretty well nervous about this.

What do you think I should do.

 

Any help would be gratefully appreciated.

Edited by dx100uk
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Then take a look in the Legal Success Forum...there are 1000s of examples of defences which deal with all the stunts tried by DCAs and successfully dealt with and claims discontinued.

 

Andy

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you've had a month to get a defence researched

yet you leave it until 3 days before

 

and no you don't file an embarrassed defence

that went out the window years ago.

 

std no paperwork/holding defence on almost every lowell vanquis claimform thread here already

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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Urh??

Why did you not file it by mcol website!!!

 

What did you fule?

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 tried to file it by MCOL yesterday, I entered the claim number and password, however, it stated that the claim number or password was incorrect. I tried several times but it would not let me in.

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Mcol is often down on w/ends

Wasnt due till monday by 4pm

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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Update - Received 2 letters today. One from the Court to state that my defence has been passed to Lowell Solicitors. The second was from Lowell Solicitors. They enclosed a credit agreement (the same one as above) and a letter without a letterhead with COPY written through it, supposedly a notice of assignment.

 

These are the documents which were supposed to be enclosed with their letter of 31 December, which were not enclosed.

 

The situation is this, my defence rests on Lowell Solicitors not complying with the CPR request, even though they will probably swear black and blue that they enclosed them in the first letter.

 

What do I do now, do I still argue that they did not send me the relevant documents in time.

 

I am aware that they can cobble up any old rubbish now to make it look legal and official in front of a Judge.

 

Anyway, I suppose it's now time to hang in there and wait for their next move.

 

Many thanks for your continued support.

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we will need a copy of your defence here.

 

they have 28 days as the court letter states to do 'something'

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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