Lowell /BW Court Claim old vanqius card debt Help Please

[Blondmusic]

I am dealing with this on behalf of my boyfriend. I think this is for an old Vanquis credit card which Lowells have never provided a legible agreement for

 

Yesterday he received a County Court Claim from Northampton County Court. Claimant is Lowell Portfolio and Address for sending docs is BW Legal based in Leeds. The claim is made up of Amount Claimed £625, Court Fee £55 and Solicitors Costs £70.

 

Particulars of claim,

 

The Claimant's claim is for the sum of £750. The Defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

 

The Defendant has breached its contractual payment obligations pursuant to the terms of the Agreements, in respect of which the original creditors have notified the Defendant of the breach and made demand for payment.

 

The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the Defendant. Despite demand having being served upon the Defendant, the Defendant has failed to settle his/her outstanding liabilities.

 

This is the first time I have had to deal with anything like this and I would appreciate some help in defending this claim.

[ims21]

Thread moved to the Legal Forum where the guys will be along to help as soon as they are available.

[dx100uk]

ack it online via the mcol site after registering

defend all

untick jurisdiction box

 

has he had

a default notice

notice of assignment

 

if not send the CPR 31:14 doc

and a CCA request to BW legal ASAP.

 

dx

[Blondmusic]

Ok thank you. Haven't seen a default notice. I will get the CPR and CCA request off as soon as possible.

 

I have completed the Acknowledgement of Service. What now?

[theoldrouge]

33 days in total. 5 deemed served, 14 to acknowledge and 14 to submit defence. CPR 31.14 to claimants sols for all the docs they are relying on, and according to their poc theres one hell of a lot of them:-). Have a read of cpr 16.5

[Blondmusic]

Thank you. CPR and CCa request are printed and ready to go.

[AndyOrch]

I would hold with the CCA request :-

 

" The Defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover)

 

Wait until you get their further particulars...a CCA request only covers one agreement.

 

Regards

 

Andy

[dx100uk]

oh yes! the devil is in the details.

merging debts too huh

 

this could be fun

 

didn't see that.

[AndyOrch]

Quite DX....

 

Filing separate particulars of claim

 

CPR 5.2

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –

(a) state that the particulars of claim will follow; and

(b) include a brief summary of the claim.

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

[Blondmusic]

The boyfriend received these in the post today.

 

What do you guys make of them?

 

Ok here you go

[AndyOrch]

So its various creditors/agreements being one only....Vanquis £488.14?

 

 

Claim is £750.....have you another upload?

 

 

Andy

[Blondmusic]

No thats everything they sent. They did send a response pack which they said to return to them.

[AndyOrch]

So why are they claiming £750...if you add the court fees and sols fees does that equate to £750?

[theoldrouge]

in their original poc they say claim 625, court fee 55 solicitors cost 70 which was typed up:???:

[AndyOrch]

So why are they claiming £750...if you add the court fees and sols fees does that equate to £750?

 

in their original poc they say claim 625, court fee 55 solicitors cost 70 which was typed up:???:

 

 

Right so £750...but only one creditor so further particulars were not required in addition to the claim form....morons.

 

Now send the CCA/CPR requests ....on your CCA request it is vital to head it " I do not acknowledge any debt with your company"

[Blondmusic]

I've got both the CCA Request and the CPR ready to go. I will post them as soon as I finish work today.

[AndyOrch]

May also be worth checking with the court if they have:-

 

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

 

Regards

 

Andy

[Blondmusic]

Do I telephone the court or can I check using the MCOL Website?

[AndyOrch]

No it wont be on MCOL you would have to ring Northampton...its no rush but may be something we can use later on.

[Blondmusic]

Ok I will make sure the BF gives them a call today

[Blondmusic]

I posted the CPR and CCA request last tuesday, got proof of posting too. Just need to know where to go next.

[AndyOrch]

Keep your eye on the date for submitting your defence.

 

Andy

[Blondmusic]

Last date is 22nd of Feb if I have worked the dates correctly. I want to submit the defence before that though.

[Blondmusic]

Ok nothing has come back from BW Legal. We sent the CPR and CCA request on the 4th of Feb but have received nothing back. Last date to add defence is 22nd of Feb which is 4 days away. Can anyone give me any help with this?

[AndyOrch]

Take a look around other Lowell threads Blond I have drafted numerous defences that you can edit to suit.

 

Regards

 

Andy