I’m struggling to find the guide for an overdraft PAP letter... only guide I come across is this one.. “for debt covered by the consumer crediticon act: send a CCA Requesticon along with the completed form: NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCAicon IN THEIR PAP LETTER!! box D tick I dispute this debt because..the debt purchaser has yet to provide any or all of the required documentation. box I tick I have requested by way of a CCA Requesticon the signed agreement from the debt purchaser I also require you to supply the following.. a copy of the Default Notice A copy of the Notice of Assignment A complete set of statements detailing exactly how the debt has accrued detailing: I. All Transactions. II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. III. details of all contractual interest added by whom and on what date. IV. List of ALL Payments made toward the Agreement no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form staple the £1CCA PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money” ... Should I just tick box D and state it’s stature barred and that’s all? No CCA request etc? Thanks.

Hi all, Well the other day I received a PAP letter for this overdraft account. Do I just download the one from CAG, fill it in the same as the PAP guide advises or is there anything I need to add or miss out with it being for an overdraft? Many thanks.

Ok thanks. I just keep reading things about overdrafts being more complicated when it comes to being statute barred. So as previous, wait and see if they send a pap? Thanks.

Yesterday I received some more threatening letters and a copy of notice of assignmentY . There’s a sheet of paper that shows the details they hold on me (incorrect phone number, email etc) At the bottom is says payments And has 2 payments for £0.01p Oct 2013 And a payment that in June 2014 made by someone else in error and returned August 2014. Seen as these were not from me and the last payment/acknowledgement of the overdraft was 23rd April 2012 where does that leave me if they take this to court? Will they simply be able to say I made payments on these dates even though I certainly did not? Many thanks.

Ok thanks When you say 1 for my files, as I've said previously I don't really have any files as no details have been sent to me regarding the debt. other than the telephone call confirming the final payment date and "signed for" receipts for the PAP and CCR that were not replied to, what else am i expected to have? Many thanks

thanks Where does it get returned to? Is there a timeframe for this document to be returned? Thanks

hi, We have received nothing further from the court and today I've logged into the MCOL website and it says "DQ Sent to you on 10/04/2018" What does this mean and has something gone missing in the post? What do I need to do? Thanks

hi all, Today I received a letter from 1st Credit stating they are now going to forward the account on for legal proceedings to begin... Should I now send them a statute barred letter? Many thanks

We did ask previously but nothing ever arrived, I didn’t know if there was anything else we could do or would sending Vanquis a SAR be an option?

Ah yes sorry, from Vanquis. We have no paperwork whatsoever so what evidence I can provide I’m not sure other than the copy of the PAP I sent back and the signed for tracking numbers proving they were delivered? Thanks again.

Thanks for the replies. Just an after thought as we haven’t received any information regarding this debt apart from speaking to Vanquis’s Supervisor who confirmed the date of the last payment. Should I request copies of all statements so we have proof of the last payment in writing or is that for Lowell to prove? Many thanks

Hi all, We put the defence in and today have received a letter from BW Legal stating their client (Lowell) intends to continue the claim and has notified the court of the same. They still have never replied to the PAP letter & not replied to the CPR 31.14 request. Now what? Is this a case of we’ll now have to go to the court about this? What are we meant to do with it being statute barred and them not following the PAP rules? Many thanks

Hi, bringing back an older post as I've had an update. I originally received a reply from 1st Credit (copy attached) saying they would hold the account until statements have been provided. I forgot about this until a BIG pack was delivered containing copy of all statements. The last time I used the account to make a payment was 23rd April 2012, somone made a payment into the account after this date but thats irrelevant, correct? They haven't provided me with any other documentation showing them being the owner of the debt or anything. What do I do now as they are asking for payment offers. Is there anything else I can ask them to provide? Many thanks Martyn

Should I give them time to respond to the CPR 31.14 request? Or just put the defence in with it being a SB defence? You can tell I’ve never done this before! Thanks again.

Wow that’s great. Thank you. When is the best time to enter this defence? Also does it make any difference that Lowell haven’t responded to the CCA I sent them at the same time as I returned the PAP? Many thanks again.

Honestly can’t remember if she was issued a default notice, according to Noddle it was defaulted on 31st October 2012. I’m very confused now. What’s the next step with this?

If last payment was 28th Feb then yes it wouldn’t of been paid end of March. The payment was only for £10 so it couldn’t of been a minimum payment on a balance of £1600+ Possibly just a token payment trying to show willing in difficult times. So is it or is it not SB then? They also didn’t reply to the PAP letter asking for more information.

My first post with date was going from information on credit reference agency regarding the default date and the fact I knew nothing had been paid. I didn’t get exact date until I had guidance from this forum to ring vanquis to find out.

Have been on MCOL and followed advice for AOS. Amended and printed CPR 31.14 - will get that sent tomorrow signed for Already previously sent CCA. ------ I sent the PAP on 16th Feb and it was signed for on 19th Feb. ------ What am I to do now regarding a defence? Many thanks for all your help.

I sent the completed PAP to BW Legal and I sent a CCA request to Lowell... Is that right or should all documents of been sent to BW Legal? Thanks

Hi all, I hope I've done this right. Today received the court papers and afater looking about on the site I've filled in the information as I think you require. Do I still send CPR 31.14 with BW Legal not responding to my PAP letter or does this still need sending? I honeslty have no idea how you write a defence after reading quite a few posts, I feel very lost with this. Many thanks ------------------ Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 6th March 2018 What is the claim for - The Claimant’s Claim is for the sum of £1931.14 being monies due from the Defendant to the Claimant under a Store Cards Credit Cards agreement regulated by the Consumer Credit Act 1974 Between the Defendant and Vanquis Bank Plc under account reference *** and assigned to the Claimant on 31/05/2013 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.42 from the date of the assignment of the agreement to 31/05/2014 being an amount of £153.72 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES – I returned the PAP to BW Legal within their timescale and it was signed for on 19th Feburary. NO reply has been received to date. I also CCA’d Lowell at the same time, again NO reply but signed for. What is the value of the claim? £2269.86 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 2007? After 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? Unsure Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don’t think so Why did you cease payments? Death of parent resulting in loss of job What was the date of your last payment? 28th Feburary 2012 – Date given by Vanquis 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? Unsure

Hi, I’ve just been browsing trying to find similar cases to ours as we’ve just received notice a claim has been issued today. I don’t know if it’s of any use now but Vanquis CAN give you the info over the phone, they did for us after I spoke to a supervisor and pushed them saying fraud and data protection they have to keep the info for 6 years and if they don’t tell me it I’ll make a complaint to the information commissioners office. He took my number and 40 minutes later rang back with the date.

Just an after thought this evening, is all this defending done by post? Do you need to actually go to a court hearing? My wife would struggle with that and find that very stressful. Thanks.

What do I do once I receive these papers? Never had to make a defence or fill in any court papers before. Hopefully they’ll arrive tomorrow as our post has been today.

Hi all, Today my wife received an e-mail from BW Legal stating they have issued a claim against her on 6th March 2018 and to expect the claim in the post. I have attached a picture copy of the email. I sent the PAP back to them with signed for delivery and they signed for it on 19th Feb 2018, well within the timescale they set, they have not responded apart from this email. The debt became statute barred on 28th Feb 2018, before they issued this claim and they haven't even responded to the PAP requesting all the information... What am I to do now, wait for the claim obviusly but after that? They havent responded to my request for more information and also the debt became statue barred on 28th Feb. Many thanks as always.