Thank you. Yes, read about the following stages back in November, but just seeking clarification.

Some clarification needed please. I have been sent a 'Notice of Proposed Allocation to the Small Claims Track' (Form N180) which needs to be returned to the court by next week. In the blurb where it tells me it is to be returned by the due date, under the court's address it says "and serve copies to all other parties". Does this mean I also have to send a copy to Lowell as well? Thanks.

Thank you. Will do.

Thanks Andy and dx. Will submit at almost the 11th hour, unless there is a reason for me to do it today? As I'm busy tomorrow and cannot guarantee being near the computer I've now submitted my defence. What happens next? Thx

Ok, defence is due by this Friday, so here's my first draft (cobbled together from others I have read here on the forum). Please can someone check it over and amend where necessary? Many thanks. Particulars of Claim for reference only 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX 2. The Defendant failed to maintain the required payments and arrears began to accrue 3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant 4. Despite repeated requests for payment the sum of £620 remains due and outstanding. And the Claimant claims a) The said sum of £620 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 £0.136, but limited to one year, being £50 c) Costs Defence The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not fully complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Vanquis. However I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a CCA1974 section 78 request. I am unaware of what account or contract the claimant refers to. 3. Paragraph 2 of the claim is noted although I am unaware of any Notice of Sums in Arrears or actual Default Notice being served pursuant to sec87(1) of the CCA1974 by the original creditor.Therefore the assignee claimant is put to strict proof to evidence same. 4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in September 2019. 5. The defendant submitted a request for documents pursuant to CPR 31.14. on 9 November 2020. The claimant acknowledged receipt of the request but has failed to comply. 6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 9 November 2020. The claimant has not acknowledged receipt of the request and has failed to comply. 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with Vanquis; and (b) show and evidence the nature of breach and service of a Default Notice pursuant to sec 87 (1) CCA1974, (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. In the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Why is it twaddle?

I've received a response from Lowell Solicitors in relation to the CPR request. It says when the card was taken out, last payment and when the default was reported to the CRAs. "We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contract with the original creditor. The benefit of that contract was lawfully assigned to our client pusuant to Section 136 of the Law of Property Act 1925 and the required Notice of Assignment was sent to you. Please find enclosed a copy of the Notice of Assignment. Please also regard the Notice of Assignment as a formal demand for payment. Please note we have requested further documentation from the original creditor, and will contact you upon receipt of their response..." And so it goes on about the CC claim and consequences of not responding etc. Certainly never seen this Notice of Assignment before. Defence due in by Friday 27th. Is there any way I can use Common Law in my defence? I am registered with the Common Law Courts. All this legislation to do with debt collection is maritime law, so I should be able to do something here, but not sure what. Any ideas? Not sure about where they're talking about the debt being lawfully assigned because that 1925 Act they refer to will be legislation, not law. Common Law is law, everything else is just legislation. Thanks

It's not a loophole then that I can use against them for not following correct procedure? I've been reading a lot... and it's getting confusing at times. Those letters are now in the post. Just AOS to do now.

CCA and CPR are going in the post today. In the meantime I have received a 'notice of claim' from Lowells solicitors dated one week after the claim date, in which I have been told that Legal Proceedings have now been issued and that I will shortly receive a County Court Claim from Northampton. Is this right? Should I have received this before the actual claim or not? Thx

Thank you. Looks like I've got plenty to do. A quick question... hypothetically speaking, if I chose to go the route of accepting the claim but asked for time to pay would they still get a CCJ registered against me?

Hello, I received a County Court claim from Lowell over the weekend and have been perusing the forum to find out what to do about it. So, here goes, and advice very much appreciated. I haven't done anything yet, not acknowledged it or done the CCA request. Should I be doing that now? Thanks in advance. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – top right hand corner of the claim form – 26 Oct 2020 (it arrived on Saturday, so lost the first 5 days thanks to postal service only delivering to my house once a week!) Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX 2. The Defendant failed to maintain the required payments and arrears began to accrue 3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant 4. Despite repeated requests for payment the sum of £620 remains due and outstanding. And the Claimant claims a) The said sum of £620 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 £0.136, but limited to one year, being £50 c) Costs What is the total value of the claim?£800 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Not that I’m aware of 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 2007 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, all of them 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?Can’t remember Did you receive a Default Notice from the original creditor?Can’t remember Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ?No Why did you cease payments?Business failed. Income severely reduced. Could no longer afford. What was the date of your last payment?Some time late 2018 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

I have been on the phone to the Pensions Advisory Service and the Pensions Ombudsman today (they're not in the same office any more) and have been told my case is one for the Financial Ombudsman because it is based on the financial advice I was given all those years ago. Looks like I'm just going to have to wait for my turn for my case to be looked into.

I do see where you are going with this, but when I originally decided I was going to make a complaint I followed HSBC's outline for making a complaint and they're not responding to me, hence me taking it to the financial ombudsman (case not been allocated yet, so I'm going to speak with the Pensions Advisory Service tomorrow and decide whether I need to withdraw that complaint and pursue through the Pensions Ombudsman instead) Are you saying that there should be a proper complaints procedure for this sort of complaint and that I may need to start the process all over again?

I see what you mean. Although the mis-selling actually happened in the 90s, long story short, I thought it had been dealt with back then, but then found out two years ago that there was a pension still in existence, although by then it had been transferred or sold to ReAssure to manage. given that I have only been aware of this for under two years I do think I fall into the 3 years time limit. I have been communicating with HSBC (not that they've reciprocated - they have ignored every communication sent) about the issue since last summer and have evidence of the correspondence sent (2 emails and 1 letter sent through the post which was signed for).

Hi ericsbrother, thanks for your reply. I looked into the Pensions Ombudsman last year and their information says that they can't help with the mis-selling of pensions, but I will contact the Pensions Advisory Service to double check.

Yes, that's it in a nutshell, although it's Teachers Pensions. Maybe LGPS was before my time?

This has the potential to turn into a very long post, so I shall keep it as brief as I can. I was mis-sold a pension by HSBC (Midland Bank at the time). I was a teacher and was advised to opt out of Teachers Pensions early in my teaching career and then later was advised to opt back in. I lost about a year and half of potential contributions to Teachers Pensions. I thought HSBC were going to redress the situation. Two years ago I discovered that they hadn't. Since then I have emailed and written to HSBC with my complaint trying to get the situation redressed myself. To date the bank has not responded to nor acknowledged any of my complaints. I have not banked with HSBC since about 2000 so I suppose they think they can get away with it. The last time I wrote, which was last December, I told them they had had more than enough time to look into my complaint and that if I did not hear back from them I would take it to the Financial Ombudsman. I heard nothing by the date I gave them and the following day (9 January) made my complaint to the Ombudsman. I have heard from the Ombudsman to say that they have received my complaint but that it is awaiting a case handler. According to their website this could be as long as a 7 months wait! I was retired from teaching 17 years ago on health grounds and have been in receipt of a pension that should have been more had HSBC bought back the lost contributions. I am losing out financially every month, which has been pointed out to them in my complaint, but we are no further forward. I don't seem to be able to get their attention over this matter. Would it harm my case if I were to write again, this time telling them that it has gone to the Ombudsman, but threaten writing to their CEO or going public, going to Martin Lewis, Money Mail etc. just to get their attention? I don't want to jeopardise anything by going public, so need some advice over what to do next as I don't know what I should do. I'm trying to get this sorted out sooner than having to wait 7 months just for my case to be allocated to a handler. I would welcome any suggestions please.

Thank you. I am certain it is SB'd, but I'll see how things go before I sock it to 'em with the SB letter/email. Coincidentally, I haven't heard anything from them since I originally posted...hmmm...!

I took out a loan with Minicredit for £100 (minus their £20 for a faster deposit, so only £80!) in May 2011. In July 2011 I offered to pay the original loan + one month's interest (£125) but never received a reply, but they did continue to add charges to the amount outstanding right up to them defaulting the account. The account defaulted with all their made up charges at over £800 by September 2011. Opos/Kapama have chased this debt since some time in 2012. They stopped harrassing me by email and voicemail messages (I never pick up) last June 2017. The debt fell off my credit files last September when the debt became Statute Barred. Last week the phone calls started again. They are phoning almost daily and telling my voicemail I have until 8pm the following day to make contact. They are also emailing about my 'outstanding balance' that needs paying in full! I know that this debt is Statute Barred, and if they bothered to read their own paperwork they'd know this too. So, my dilemma is this... do I just ignore them as I have done for 6+ years until they get bored and stop again? Is there anything they can do if they are truly ignorant of the fact this debt is SB? Or, should I let them know this debt is SB and tell them to get lost and not harrass me any further? Any advice gratefully received, thanks.

I don't live in the most private of places and whenever there is a new face around asking where someone lives it gets the neighbours talking! And people do need to ask where I live as it's a little out of the way. It's a small community. I try to avoid having DCs calling! I received further communication from RW yesterday at my address, and it doesn't look like they're writing to next door. They want me to set up a repayment plan with them - not likely! I've also been mooching around the internet and called the National Debtline as it could just be that this debt is already statute barred - I've just got to determine when Nationwide initiated the demand for repayment, the 'cause of action' apparently. I believe it was during 2009, which means that 6 years have already lapsed. The Nationwide started reporting a delinquent account on my credit file a full 17 months before they got round to reporting the default. I'm sure they must have demanded payment within a month or two of reporting the account was in arrears. Only one way to find out I guess. Will initiating a request for a SAR wake them up to the fact that I'm still around, or are we past that now the debt is with a DCA?

Is that yes to the panicking bit or the doorstep bit?

Hi dx100uk, I can't scan it, but this is what it says: Dear Ms Bloggs Previous address: Neighbour's address next door We wanted to write to you at the previous address noted above, but have been provided this as a new contact address. If you are the person named above. please contact us on the telephone number below between the hours of 8am and 8.30pm. If you are not the person named above, please contact us to ensure we update our records. Freephone 0800 085 2958 Yours faithfully Customer contact manager I can see that this is probably a phishing letter. However, they have been writing to me at my address about the debt until this one turned up and I have ignored their correspondence. Am I panicking unnecessarily? Are they likely to try to doorstep me?

Hi all, I'm resurrecting this thread because there have been developments of late. When I last posted on here I was being pursued for this debt by MKDP. That was in 2014. As per my usual self I continued to ignore them and they did go away. Then last October I started to receive letters from Robinson Way and a further default for the same debt appeared on my credit files from their parent company Hoist Portfolio Holding 2 Ltd (I now have 2 defaults for the same debt showing). Robinson Way have been sending letters roughly once every 3 weeks to a month, which I have continued to ignore. This debt becomes statute barred in November. The last letter they sent was one where they said they were going to write to another address - one which is on my credit file which was put there by Motormile Finance, even though MMF have always dealt with me at my address and I've never lived at the other address, which also happens to be my next door neighbour. My neighbour and I don't speak - he's a neighbour from hell - and the last thing I want is them corresponding with him. He won't post any mail through mine, but will open it and gossip, so I don't really want that to happen. If Robinson Way have accessed my credit file to find the info about the other address they can see that there's nothing of mine at the neighbour's address anyway. All my credit history is on my address. So, my dilemma is this. What do I do? I want to let this thing run so that it is statute barred at the end of the year. But at the same time I don't want RW to force my hand because of the other address they think they have. How can I make this run so it just times out without RW 'winning'? I need to know what I can do legally to delay them. I've never acknowledged the debt, and I'm so close to it becoming unenforceable. I don't know anything about RW so I need to know what I'm up against. Any advice is welcome, thank you.

Thank you. I'll look into these right away.

Thank you. So if I send a SAR to Nationwide (I assume the template is on here somewhere?) they'll send all statements in reply will they? And then how do I go about a penalty charges reclaim? What is the account in dispute letter? Is it a CCA request?