syphor
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Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, Just to let you know I called up this morning I called up today and had it confirmed the claim had been struck out as per the letter. Thanks -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Please see attachment upload.pdf -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Here is the letter I was sent off the court http://tinypic.com/view.php?pic=2po856r&s=9#.VvBZe2SLQy4 -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Dear , Our Client: Lowell Portfolio I Limited Case Number: Our Reference: We refer to the above matter. We enclose by way of service, our client’s witness statement for the forthcoming hearing. We confirm the same has been filed at Court. We apologise for late service as a result of receiving files very late from the solicitor previously acting. However, we would point out that our client has received no witness statement or evidence from you. -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Ah just checked my emails and I have one from Lowell. They must think the hearing is going ahead as it has attached all of the documents and witness statements etc. Should I reply and let them know I have confirmation of it being struck out? -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Thanks for your help Andy. -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
No doesn't mention it at all. I have contested to try and remove it from my credit score. Is there anything else I need to do? -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Well they weren't going to give me anything they said it would just drop off. However I asked them for some proof. The letter I got states:- IT IS ORDERED THAT 1.The claim is struck out and the hearing listed on 22nd March is vacated. I did get a letter stating the claim has moved from Carter back to Lowell Solicitors so maybe that's to do with them being in trouble? -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, Just to let you know the claim was struck out as they didn't pay the fee. Is there anything now that I need to do? Or is that it? Once it's sorted I am going to make a donation that's all. Thanks again -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, Just a quick update, today I received a letter from Lowell stating a change of solicitor (N434). Not sure what relevance this has but it's went from Carter to Lowell. Thanks as always for your help -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, just a quick update. I have had the mediation call where I explained I had no paperwork. Now it has been considered by a judge and allocated to small claims court. It is asking me to pay £170, what's my best option here? Is this normal? Thanks for your help as ever. Ian -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, I now have a letter from the court with a telephone mediation date, is there anything I should do? -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Thanks DX, you're the man -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi Guys, Today i have received 2 separate letters:- 1 - is a copy of the small claims track questionnaire completed by Carter (agreeing to mediation), does this mean that when I complete mine I need to send him a copy? 2 - a reply to my defence which states the account number, date of default and when it was assigned to Lowell and states I would have received notice of assignment around that time. It also refers me to my own records for a copy of the agreement. It then goes on to say that they are going proceeding with the claim and are willing to enter in negations under the tomlim act and invite me to call their office. So basically they haven't provided anything, however am I best contacting them as the court will see this favourably? Thanks again, Ian -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, Today I have received a letter from the County Court Business Centre. Notice of Proposed Allocation to the Small Claims Track. Enclosed is a directions questionnaire and form about mediation (EX730) Could you help me with what I am best doing next. Thanks Ian -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Great! So just hold tight! -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, yesterday I received the standard from letter for Carter inviting me into negotiations, telling me the court advises you too and I should seek legal advice. Am I correct that I need to reply to this reiterate the previous letters that they have not responded to as per my defence? Thanks again -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Just a quick update guys, defence has been filed and awaiting a response. Hold tight! -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
I spoke with the county court as I didn't make a note of my login they told me I could submit by email. Now I have been trying to ring them all day and the phones are down. The website says to email this address [email protected] will that be ok? -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Still nothing, I am going to submit this via email first thing tomorrow -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
All alarms/alerts set for next Friday. Thanks -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Sorry I was meaning should I leave until the 28th of September or should I do it before? -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Thanks Andy, when am I best off submitting this? Also I really do Appreciate this and I will be donating to the site whatever the outcome. -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi folks, I have put this together editing previous defences from the site. Can you let you know what you think please. POC 1.the claimants claim is for the sum of 1869.27 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and vanquis under account reference xxxxxxx and assigned to the claimant on 05/09/2014, notice of which has been given to the defendant. 2.the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has not been complied with. and the claimant claims 1897.27 the claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date o assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 145.44 Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is denied with regards to an amount due under an agreement.The Claimant/Solicitor has failed to disclose any agreement/s or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925. 3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a letter acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 01.09.2015. I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have received a letter acknowledging my request. To date they have failed to supply the documents and remain in default. This was posted on the 01.09.2015. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendant has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as 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 Section136 of the Law of Property Act and Section 82A of the consumer credit Act1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to -
Lowell/carter claimform - old Vanquis 'debt'***Claim Struck Out***
syphor replied to syphor's topic in Legal Successes
Hi guys, Just quick update on this, I have received nothing from Lowell and only the letter posted previously by Carter. So from what I can establish from reading other threads it's time to prepare my defence. Would it be better to submit this right on the end date or sooner? Also I am not sure if it matters but when looking on my Noddle report the account number is different from the one quoted on here. Thanks for all your help
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