Jump to content

 

BankFodder BankFodder

baycloves

Registered Users

Change your profile picture
  • Content Count

    22
  • Joined

  • Last visited

Community Reputation

0 Neutral

About baycloves

  • Rank
    Basic Account Holder

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
  2. I've just checked and the status is "Your claim was transferred to BIRMINGHAM on 14/11/2019" The last I've heard is the phonemail from mediation. No mail received. Should I be worried about this?
  3. Hello, small update on my case. A default appeared on my Experian file last month. The dates shows it was last updated in 2017 but the default only appeared last month. It also shows account settled on 28/02/2017. Does this suggest I made a payment or does this mean they sold it? Obviously, no payment was made so I'm wondering what this is about. I have queried the default with Experian. I keep monthly screenshots of my account so I know for sure it was placed last month. Can this hurt or improve my case? I'm currently waiting for allocation at court. Mediation called and asked if I wanted to make payments and I said no, they then said it was not suitable for mediation.
  4. Oh right, I'll wait it out further. It's hard work removing all the private details. LowellDocs-19-10-19_compressed.pdf
  5. Today I received a letter from Lowell along with a Tomlin order. They state they will use it against me to show it could have been settled without going to court. They seem to have contacted Provident who advised them they have not upheld my complaint. It also states I should reply within 14 days. Should I proceed to wait for mediation? Can I dispute any of the docs they sent to me? Lowell-Tomlin-Order_compressed.pdf I've been reading further and it seems I could negotiate the balance if agreeing to this order. I'm trying to identify the strength of my case as I'm really unsure. If there is slim chance of winning would this be a better option?
  6. I've received a directions questionnaire from the court. My understanding is I send a copy to them and a copy to Lowell solicitors. But Lowell will have my telephone number and email. Is it acceptable to make a copy with just my name and address for Lowell? I don't want them contacting me. Should I be sending these recorded? Thanks.
  7. Followed. I believe they've sent everything to me. I've re-upploaded. I meant Provident never sent the notice of assignment not default notice. Looks like the default notice would have come from Vanquis. CCA Reply Lowell_compressed.pdf
  8. Received a copy of Lowell directions questionnaire today. Still waiting for mine from the court. I will agree to mediation but I'm wondering if at that point I should agree to pay something? I've read countless threads and it's the cases without docs that end favourably imo. Does it matter I never received them originally? Is it OK to disagree with the docs they sent me? I.e Provident claiming they never sent a default notice. I don't want to sound like a fool at mediation. Is it too late to file an affordability claim with Provident? Thanks.
  9. Ok, I've attached as a pdf. I've removed my details and some dates. I haven't uploaded the docs they sent as they're the same as what I uploaded previously. LowellReplyToDefence.pdf
  10. I submitted my defence on 30th August . I received a letter from the court stating it had been accepted and it was being sent to the claimant. Today I received a letter from Lowell Solicitors. They sent me notice of assignment, credit agreement and default notice. I've attached the letter sent with them. Is this something I should ignore? They claim they are requesting further information. Any idea what this could be?
  11. My defence is due by Saturday I believe. Is what I've posted acceptable?
  12. I'm going away next week so rather have something prepared and not have to worry. I've looked on the site for hours. The only defences I can seem to find are those where Lowell has not provided docs. Not sure what to write. I believe they are very confident with my case. They have responded to my CPR 31:14 request in just 4 days. They sent the same docs as before. Anyway here's the defence I've come up with. Particulars of claim for reference only 1)The defendant entered into a consumer credit act 1974 regulated agreement with Provident personal credit limited on 26/11/2015 which subsequently assigned to Vanquis Bank limited under account reference xxxxxxx (‘the agreement). 2)The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was subject to a further assignment to the Claimant on 12/06/2017 and notice given to the defendant. Despite repeated requests for payment, the sum of £273 remains due and outstanding. And the Claimant claims a) the sum of £273.00 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 £0.060, but limited to one year, being £21.84 c) costs Defence The Defendant contends that the particulars of claim are vague and generic in nature 1. Paragraph 1 is noted. I have had an agreement in the past with Provident but do not recognise the account number referred to by the claimant. The Claimants statement of case states that the account was subject to assignment from Provident to Vanquis. The Defendant does not recall receiving notice of this assignment. 2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. The Claimants statement of case states that the account was subject to further assignment from Vanquis to Lowell on 12/06/2017. The Defendant does not recall receiving notice of this assignment. The Claimant has yet to disclose any legal assignment to them took place of any alleged balance. It is therefore denied with regards to the Defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the nature of breach and service of a default notice/termination notice Pursuant to the 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; 4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 5.On 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. . 6.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.
  13. I understand. I'm more responsible with money and credit these days. This is actually the only debt I have remaining having resolved everything else. I will have a good look through the forum and try to get a defence together.
  14. I've received some advice today about my case and told I should try to settle for half. I'm not sure how I would do this now at this point. I've been told the paperwork is fairly up to date and not worth trying to win as they win most of these cases. It's the older debts that are easier to wriggle out of. I'm starting to wish I had paid it when they first contacted me. There's at least £100 added and probably more to come. There's also my credit which is in very good shape. I've worked on improving past few years paying everything on time. I actually registered on the electoral to further improve since I have no interest in votes. I've read so many times that it doesn't make a difference but it does with Lowell. I heard nothing of this debt for 3 years. Literally a few months after registering I get this bother. And I know Lowell searched for me on there because I see them on my online account. They started ringing me after I got a contract with Vodafone which appeared on my file. Does this trying to settle for less come after a failed or questionable defence? By up to date paperwork, I meant the credit agreement. I have previously been informed it is enforceable but was encouraged to SAR Provident to verify the other documents.
×
×
  • Create New...