Lowell /BW Court Claim old vanqius card debt Help Please

[AndyOrch]

Give the court time to catch up BM..attend the hearing and make the above points your first priority...just because they have paid the hearing fee does not mean they have complied with the directions.

 

Andy

[Blondmusic]

I intend to get boyfriend to call the court this morning and ask them what is going on. We are unable to attend on the 13th of April as we are both working

[AndyOrch]

I would advise you attend or the claimant will attain judgment in your absence.

 

Andy

[Blondmusic]

Time for an update.

 

I telephoned the court yesterday to find that the case has now been adjourned until 11th of May 2015.

 

We finally received the updated Particulars of Claim which ended up at a house 2 streets away thanks to a postie reading the wrong address.

 

I am still concerned that despite the Judges order on 27th of February stating the claim will automatically be struck out

if the new particulars of claim and notice of assignment are not received by 4pm on 13th of March that this case is being allowed to continue.

 

boyfriend received this lot in the post from the court today.

 

I have scanned it all into my computer,

blanked out anything that will identify boyfriend or claim details

and added it all to a PDF file which I have attached.

Edited April 20, 2015 by dx100uk
45Mb externally hosted PDF reduced to .5Mb and attached properly - dx

[Blondmusic]

I don't know what to do next. Can anyone help with an amended defence?

[dx100uk]

urm..could be difficult

 

 

so its a vanquis card debt that was signed online.

CCA looks ok to me sadly

what about the T&C's were there any more?

 

 

looks like theres plenty of penalty fees and ROP to reclaim

to use in mediation

 

 

lets see if andy has any ideas.

 

 

dx

[Blondmusic]

There were no more T&C's thats all they provided as an agreement. I would have thought that Terms and Conditions would be needed.

[Blondmusic]

Is there anyone that can help me as I don't know what to do next? Do I amend the defense or contact BW Legal and offer a payment plan to pay the debt off?

[dx100uk]

you've a wee bit of time for andy to advise

 

 

for the minute

it wont hurt to get the PENALTY charges

and the ROP [PPI] spreadsheets done BM

 

 

dx

[AndyOrch]

Do you need to amend your defence...? What they have disclosed ....how does this impact on your initial defence?

 

Regards

 

Andy

[Blondmusic]

We used the embarrassed defense until they disclosed the documents they relied on. Now the documents have arrived (see post 79) I don't know whether we need to amend the defense, contact BW Legal and make a payment arrangement or do nothing.

[AndyOrch]

All depends on what they have disclosed...are you happy with them ....all valid and legal...?

[Old Cogger]

Look let Andy see what was sent via a method he will ask no doubt, if they get something right then a surprise in the midst!

[AndyOrch]

Look let Andy see what was sent via a method he will ask no doubt, if they get something right then a surprise in the midst!

 

See post #79 Mike already uploaded....BM are you content with their witness statement.....nothing to challenge?

[Old Cogger]

The reclaim of charges is a good step for starters as advised!

[dx100uk]

here

 

 

+£700 in penalty charges alone if we run the int till claimdate

 

 

and +£300 PPI

[Blondmusic]

Andyorch - No idea if the documents are valid and legal. I have never done anything like this before. Looking at the paperwork they didn't send the updated particulars of claim and notice of assignment until the 13th of March (that is the date on the letter and sent 2nd class post) when the Judge clearly ordered them to serve these items by 4pm on the 13th of March 2015 or the case would be automatically struck out, we had no chance of receiving them within the timescale as they didn't post them till the 13th of March. Also the Witness statement and evidence was dated 7th of April only 4 working days (this was sent 1st class post) before the hearing leaving us at a disadvantage as we did not receive them until the 13th of April which was the date of the hearing.

 

No idea what to challenge on the witness statement. We are unable to prove that the balance was paid off as my boyfriend changed bank accounts when his ex-wife left in late 2009 and it would now be too late to try and get statements etc.

 

DX - That would wipe out what they are claiming and they would owe my Boyfriend money!! Do I just put in a counter claim with those spreadsheets as a defense?

Edited April 23, 2015 by Blondmusic
Forgot to read documents

[dx100uk]

no its not too late

you should have/get a SAR off pronto.

 

as for the charges/ROP

that 'might' be useful under mediation

 

I'm not sure andy or the legal crew need to answer that one.

 

dx

[Blondmusic]

I will get an SAR off to Vanquis as soon as I can. There is another hearing on the 11th of May, I am sure that we agreed to Mediation but we have never been offered it.

[dx100uk]

why do you need an sar to VQ?

 

 

surely one to his old bank wold prove this

that's what I replied too

but you've now changed post 92

[Blondmusic]

Sorry. We can SAR his old bank and see if they come up with anything. I highly doubt it after 6 years though.

[Blondmusic]

Can anyone tell me what we need to do next?

 

 

The hearing is in 2 weeks (boyfriend going to ask for a day off in order to attend) and I am starting to panic a bit.

 

 

Do we put in a counter claim for the Charges and PPI charged at Vanquis's rate that DX put in post 91?

 

 

Do we change the defence?

 

 

If so what to change it to.

 

 

I have no idea what I am doing and I really need some help.

[AndyOrch]

Well they appear to have complied and disclosed everything to back up their claim...that there is a debt outstanding...everything that you put them to strict proof within your defence.

Still unsure if the amount claimed is correct or a true reflection of your indebtedness to the claimant ?

 

I cant see any point in submitting an amended defence...unless you know reason if there is still points that can be argued ?

 

Given the above it may be prudent to contact the claimant and try to agree settlement...possibly by Tomlin Order to avoid a CCJ ?

 

Regards

 

Andy

[Blondmusic]

Ok. I will get in touch with them see if they will settle out of court.

 

 

Yes could try with a Tomlin Order.

 

 

I will try to get them to stop adding interest.

 

 

Can we reclaim the PPI and Charges to reduce the debt down?

 

 

I have done an Excel document with the PPI and Charges they added before Vanquis closed the account.

 

 

With the 8% interest added on it comes to £366 which I would like them to take off the debt

[Blondmusic]

I have drafted an email for BW Legal. Does this look ok?

 

Dear Sir/Madam,

 

 

I am contacting you on behalf of XXXXXX following a County Court Claim made against him by yourselves on behalf of your client Lowell Portfolio.

 

 

XXXXXX has received all the documents for the claim and is now in a position to offer a repayment plan without further involvement from the Court. In effect XXXXXX would like you to remove the claim from the County Courts and accept a payment plan in order to settle the debt.

 

 

 

XXXXXX would like Lowell to stop adding interest to the debt while it is being repaid. He would like Lowell to remove the £366.90 (£249.66 plus 8% interest) that was added to the account in PPI payments and Charges by the original lender prior to the account being closed and sold.

 

 

Yours sincerely,