Lowells have offered her a discount and theyll cancel the court claim, gave her til then to respond

ok, but theyve given her until the 4th i think to reply. Just ignore it all for now?

So should she just ignore them for now? And surely its irresponsible lending if they gave her a card whilst she was in a DMP?

Hi Yes it looks like her signature and its def her email, that must be where they got the email address from thanks

Hi all Lowells have replied, text of email below, also see attachments. They say she took this card out in 2012, i cant see how as we had both gone into a DMP by then, for at least 2 years previously so both of our credit files were shot to bits, with loads of defaults each and loads owing to creditors so think theyve made that up. I dont know but surely no one would have given her another credit card after loads of defaults? Also is that a true copy of the CCA? thanks WITHOUT PREJUDICE SAVE AS TO COSTS Our Client: Lowell Portfolio I Ltd Our Reference: xxxxxx Court Claim Number: xxxxxx Original Creditor: Vanquis Bank Limited Outstanding Balance: xxxxxxx My name is Parmjeet, I am the case handler in relation to the above claim issued against you on 7 October 2020. I confirm receipt of your Defence and confirm that this has been reviewed in full. I can confirm that we have received documents from Vanquis which show that the Agreement was entered into by you on 23 March 2012 using your current address. The statement of account shows how the claimed balance accrued and the default notice was sent to your current address on 27 August 2015. As you did not comply with the terms of the Default Notice the account was terminated. We also attach the Notices of Assignment sent on behalf of Vanquis and our client to your current address 18 October 2019 and therefore satisfies the requirements of section 136 Law of property Act 1925. Our client has sent you numerous letters in an attempt to resolve this matter prior to the issue of the claim but none were responded to including our Letter of Claim. All correspondence was sent to your current address. You did not make a request for documents or information prior to this matter being issued in the Courts. Our client made active attempts to resolve this matter by sending you correspondence and offering discounts, none of which have been responded to by yourself. This evidence will be disclosed should this matter proceed to a court hearing. Further to the above, as we have satisfied your requests, we are instructed to bring the matter to an amicable settlement favourable to both parties. If a settlement is reached, upon receipt of cleared funds, I will then notify the court that the claim has been settled and our client will close their account. Our client is therefore willing to accept: • a lump sum of £xxxxxx in full and final settlement of the claim; Upon payment being received, I will notify the Court that the claim has been settled which will end legal proceedings and close your account. Payment can be made: • On our website - https://lowellsolicitors.co.uk/ . Please confirm the reference of your account in order for the payment to be allocated correctly. • By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 334710068) • Calling us on 0113 335 3338 and making the payment over the telephone. If a settlement cannot be reached, our client has instructed us to proceed to a court hearing which will incur further costs and fees. This offer is open until xxx December 2020. Independent legal advice is available from the Citizens Advice Bureau or a solicitor of your choice. lowel return.pdf

thank you Andy, shall i post this on the MCOL site now? cheers

Hows this for defence? Date of issue: 8th October 2020 Particulars of Claim What is the claim for – the reason they have issued the claim? 1) defendant entered into Consumer credit act 1974 with vanquis under account ref: xxxx (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 23/9/2019 and notice given to the defendant 4) despite repeated requests for payment the sum of £1670 remains due and outstanding and the claimant claims: a) the sum of £1670 b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment,accruing at a daily rate of £0.38 to the date of issue but limited to one year being £137 c) costs 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted I have had financial dealing with VANQUIS in the past but I am unaware what account the claimants refers to. I have never been contacted by VANQUIS with regards to any alleged outstanding monies. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec 87(1) the Consumer Credit Act 1974. 4. Paragraph 3 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request. 7.A further request made via CPR 31.14, after the claim had been issued, requesting other documents on which the Claimant claim relies upon.The claimant has failed to respond. 8.Until such time the claimant can comply with the above sec 78 request is therefore prevented from enforcing or seeking the relief claimed or any relief. My OH now contends that she did not receive a notice of assignment nor a default notice. thanks

thanks ill look at them id imagine she took it out around 2008-10. We got into the doo doo after 2011 and thats when it woud have been defaulted Just checked, they claim it was 2012 but she cant remember it being then

thanks, will do after reading a lot of the other posts like you said to, is it a good defence statement that makes them think about dropping it?

thanks, you mean we have to file defence next? im not sure what to put. Shall i browse others responses and copy and paste?

received these earlier in response, it says we need to fill more in on the court claim now? thanks lowellPDF.pdf

i told her to ring vanquis as it says its ok to do that on one of the pages regarding either CCA or the CPR or it might the AOS but she rang them, its like talking to a brick wall sometimes i did have a read up about previus successes, ill have a look at the claimforms too thanks

Hi She had a letter the other day saying they were taking her to court, this came well after the actual court letter. Is this allowed? And she has rang them to check date last paid, they said 2017, but she doesnt have her bank statements from them to confirm

weve not sent them yet, i will follow your advice i just didnt want them to claim "they" hadnt received it with only having a limited amount of time ill have a look through the prev posts

Just a quick question - on the claim form sent to her it says claimant adress as one thing, but documents and payments to a different address. This seems to be a bit of a trick to me, they might say you should have sent it to address x and not address y dont you think? so shes sending a copy of CCA and CPR to both to be safe

AOS? Does she do that online? or is it a print and send thing? thanks

sorry, id written it all once then delted it by mistake and didnt notice id not put answered that properly. dont think it was started before 2007, iim almost certain it was after

just typed out the CCA request and CPR to print and send tomo thanks for the help , ill make a donation great forum

Name of the Claimant ? Lowell portfolio Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 7/10/20 Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) defendant entered into Consumer credit act 1974 with vanquis under account ref: xxxx (the agreement) 2) the defendant failed to maintain the reqired payments and arrears began to accrue 3) the agreement was later assigned to the claimant on 23/9/2019 and notice given to the defendant 4) despite repeated requests for payment the sum of £1670 remains due and outstanding and the claimant claims: a) the sum of £1670 b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment,accruing at a daily rate of £0.38 to the date of issue but limited to one year being £137 c) costs What is the total value of the claim? £2000 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? think so 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? assuming credit card When did you enter into the original agreement before or after April 2007 ? after Do you recall how you entered into the agreement...On line /In branch/By post ? online probably Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no 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? yes Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? yes Why did you cease payments? didnt think they were necessary What was the date of your last payment? not sure, prob last couple years Was there a dispute with the original creditor that remains unresolved? no dispute, i just got into debt Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes i was in a DMP for a number of years

Hi My OH has just received a claim form from Northhampton county court for a previous CC with Vanquis. This isnt on her credit file anymore, and she cant rememebr when she last paid anything towards it Can anyone advise what to do please? thanks

not paid for about 4 years now, i still get letters from Santander regularly though the letters basically say " we aresolicitors instructed by our client, to obtain repayment of xxxx ..... or to take appropriate recovery action" reply by early Feb i assumed that as Santander hadnt been chasing me for 4 odd year that they knew their CCA docs wasnt as required for court action

thanks so ive just had some letters come from Dryden fairfax solicitors, im not going to reply but just to jog others memories - DX loked through the paperwork i had received and he said it did look enforceable even though there were very few t&c included in their CCA reply to me so should i just sit tight until they start court proceeding -thats if they do? thanks

thank you, he cant work now due to illness so he thinks its the right thing for him to do

Hi all Im asking for my brother in law, he recently got very ill and nearly died and since this hes decided to finally go bankrupt and wipe all his debts off as i told him to do years ago. His main debt is with the taxman, its circa £35000, they were taking something like £400 per month out of his wages so hes decided to go bankrupt. Now im wondering does this get wiped off if he goes bankrupt or does it still count? he says he also owes some council tax - a few £1000 i think Im assuming its easy enough to go bankrupt, just pay the fees and you have to not come into any money for 3? years or so or they can take nay lump sums off you to pay what you owed? thanks

Ive just checked, its asked for in the list in the PAP