Lowell/BW Court Claim old vanquis 'debt' **STRUCK OUT**

[The_Debt_Man]

Hi guys

 

I've received a court claim form from Lowell that says its for an old vanquis credit car debt and

 

i don't know what to do about it as i had a similar problem about 3 years ago that i had help from you guys

with but now the thread says “** Discontinued **”

 

So I'm guessing the information is out of date.

 

I did have a credit card with vanquis a long time ago but then i got sick and couldn't afford the the bills,

 

when i contacted vanqis at the time they said not to worry because i had some protection on my account for that (not that i asked for it),

then i moved and

 

now have received this county court claim pack that i need to reply to in the next couple of days.

 

It says that the date of this debt is from 16/07/2012 but i had signed up for and defaulted this card a good few years before this date.

 

I don't know how much has changed in the last 3 or so years (is DonkeyB still around) so can someone please let me know what i need to do.

 

Should i put in a defence (any new templates)?

 

Thanks guys

[AndyOrch]

If you could read and complete the following and post your responses here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[The_Debt_Man]

Sorry about that.

 

I hope this is what you meant:

 

Ive written everything in blue.

 

Name of the Claimant ? = Lowell

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. = 19 Jun 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. = The claimant's Claim is for the sum of

3,497.97 being monies due from the Defendant to the Claimant under a

Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and VANQUIS Bank Limited

Under account reference ********** and assigned to the Claimant on 16/07/2012 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 8.005 per annum (a daily rate of 0.66 from the date of assignment of the agreement to the date of issue () being an amount of 463.98.

 

What is the value of the claim? = 3762.97

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? = YES

 

Is the claim for a current or credit/loan account 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? = I could have but I changed address

 

Did you receive a Default Notice from the original creditor? = YES

 

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:- = Because of illness I was unable to keep up with the payments.

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? = I did let them know about the problems I was having, but they said the account had some sort of insurance that would cover me.

 

I should also add that I've never had a credit card for £3497.97 and the date they have put (16/072012) is off by a couple of years as i think this all happened in about 2010

[dx100uk]

ah right you have their spoof PPI called ROP.

 

we'll deal with that after wards.

 

1st port of call

 

get a CCA request off to the claimant

 

and a CPR 31:14 [from the library green tab top left] to the solicitors

 

requesting

 

the agreement

the default notice

the notice of assignment

 

don't forget to ack the claim by day 19 [date on claimform is day one]

 

register with MCOL First

log in

 

then ack

using the details requested from the claimform

 

then defend all

[The_Debt_Man]

Thanks for the reply

 

I'll have a look now to see what I need to do to send off a CCA and CPR.

 

When I log in to say that I'm going to defend all,

will I need to put in any reason why I'm defending or is it just a box to tick?

[The_Debt_Man]

I've just logged in to say that I'm defending all but the only options I have are:

 

Start AOS

 

Start Defence

 

Start Part Admission

 

View Instructions.

 

I'm guessing its one of the first two but thought it would be best to ask.

 

When I click the "start defence" option it expects me to submit my defence (that I don't have) so should I start with the AOS option?

 

 

Please let me know ASAPas I'm running out of time.

 

 

Thanks

[dx100uk]

Acknowledgement Of Service = AOS

 

ack the claim

[The_Debt_Man]

Thanks I've done that now

 

That now gives me the weekend to find out what I need to do about the CCA and CPR.

 

Do I really need CCA vanquis, as from what I've been read I should be dealing with Lowell?

[dx100uk]

where have we said cca vanquis?

 

who's the solicitor by the way

[The_Debt_Man]

Good job I asked....lol

 

For some reason I had it in my head that the claimant was vanquis and the solicitor was Lowell.

 

 

Looking at it again I can see that Lowell is now the claimant and court claim form says to send all documents and payments to BW LEGAL so I'm guessing that's the solicitors.

 

So CCA Lowell and CPR 31:14 BM Legal

[The_Debt_Man]

Need a bit more advice guys

 

I sent off the CCA and the CPR 31:14 on the 07/07/2014.

 

I've tracked them on the royal mail website and it shows that the CCA was delivered on the 09/07/2014 and the CPR 31:14 was delivered on the 10/07/2014.

 

Am i right in thinking that they only have another 4 days to get back to me and what do i do if they don't?

 

Also I've only acknowledged the claim with the court, don't i only have a short amount of time before i need to do something else?

[Ganymede]

Not a lot that you can do in reality if they don't reply other than waiting for the disclosure stage of the claim.

[The_Debt_Man]

I thought they had to respond within a set time by law.

 

Also is there anything else i need to do with the court as all I've done is acknowledge it and that was on the 04/07/2014 ?

[dx100uk]

you file on time regardless

[Ganymede]

I thought they had to respond within a set time by law.

Also is there anything else i need to do with the court as all I've done is acknowledge it and that was on the 04/07/2014 ?

 

Just get your Defence in to the Court on time no matter what documents you do/do not receive.

[The_Debt_Man]

you file on time regardless

 

Thanks

 

Do you mean submit my defence?

 

How long have i got from the time i acknowledged it?

[The_Debt_Man]

Just get your Defence in to the Court on time no matter what documents you do/do not receive.

 

Ok thanks

 

Is there a defence template i should use or do i need to come up with something on my own (not sure i would know where to start) ?

[Ganymede]

Many, many Defences on here for you to adapt. Search around the forum.

[The_Debt_Man]

Ok ill have a look around.

 

What sort of defence should i be looking for, something on the lines of having no agreement with Lowell and no response from the cca and cpr ?

 

Sorry to be a pain guys but I'm having a hard time finding a defence that i can modify to suit my needs

 

Also do you know how long i have to put in my defence ?

[dx100uk]

in post 3 there are red XXX's with days to add up eitherside that gives you timeline

 

you failed to work that out.

 

dx

[AndyOrch]

Simply add 32 days to the date on your claim form DM (including that date a day 1) ...that is the date your defence is due.

[The_Debt_Man]

I'm really stuck here guys.

 

I'm running out of time and can't find any defence that's suitable for me to edit

 

 

Thanks again for all the help so far.

[dx100uk]

you should have filed by midnight

[The_Debt_Man]

Oh no

 

So what happens now?

[dx100uk]

you file late and hope mcol log in allows it

 

sorry but we've indicated numerous times not to miss the date.

 

check it yourself

 

claimform was issued on 19/06/2014 that is day ONE

 

by end of day 33 you must file a defence

 

andyorch is quite rightly in bed now

 

have a read of this thread and its defence

 

its quite near to your situation

 

i'e you have received NO DOCUMENTS relating to the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?427125-Cabot-Mortimer-Claimform-old-halifax-credit-card-debt&p=4578778#post4578778

 

i'll alert the team

 

legal is not my game

 

something like?

 

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as 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.

 

 

9. 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.

 

adapt the numbers etc etc

 

phone the court first thing to check you can file you should be ok.

 

dx