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    • Please see below for an extract from the letter more about my case.    You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
    • Hi,    I will look over your case shortly.   I am sorry for the delay.
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Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***


rita777
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....Then another letter dated 25/04/14 by BW LEGAL

 

..Stating

''As you are aware we represent Lowell Portfolio 1 Ltd .

You were served with the statutory demand by way of personal service on 08/04/2014 ...

( I do not have any letter dated 08/04/2014 ) ..

 

. please call xxx asap to discuss this matter further so that a settlement can be reached,

if we fail to receive a response from you by 10/05/2014,

we will send a bankruptcy petition to court to be issued. a hearing dated will be set etc etc ...

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Then this was followed by The Claim form from Northhampton Dated 08/07/2014 by BW LEGAL ..

 

. Please scroll above again for details

 

.. All these letters i believe arrived around the time when i had a baby and in and out of hospital .

 

. I think Lowell discovered that i have a property under my name

and hoped that i didnt see/ respond to this claim so as to get an automatic CCJ .

. in their favour ,

, I WON'T ALLOW THIS ! ....

 

I have just checked my my experian file and cant see anything at all on vanquis except search records,

also serch records by lowells.

 

My defence would be to demand A CREDIT AGREEMENT from them , SAR , CPR ...

 

As far i m concerned the balance of what i owed could have been cleared,

i need to see the total fees , charges , ppi elements that ihas pumped up this alleged owed balance .

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Bearing in in mind that i have a recovering 11 weeks old baby ,

how stressful might this journey be ?

 

Also , reading my above ..

 

. do you think my defence would be worth it ??

 

£3600,00 is a lot to dish out just like that !!!

 

I am up to date with all my debts and i definitely DO'NT want A CCJ....

 

PLEASE HELP ...

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Bearing in in mind that i have a recovering 11 weeks old baby , how stressful might this journey be ? Also , reading my above ... do you think my defence would be worth it ?? £3600,00 is a lot to dish out just like that !!! I am up to date with all my debts and i definitely DO'NT want A CCJ.... PLEASE HELP ...

 

First things first, Have you acknowledged the claim with the Court? You MUST do this before 26.07.14

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YES I have .

. I had problems doing it on MCOL .

.. I kept getting error reponses that the claim number or Password is wrong ..

. even though i am certain that i entered all characters correctly..

 

Eventually i had to call the courty and they provided me with an email to scan the filled out N9B form to.

. i have done this and got a receipt confirmation from them..

 

Would I still be able to access it online to monitor the Progress ?

has this happened to anyone before ?

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YES I have .. I had problems doing it on MCOL ... I kept getting error reponses that the claim number or Password is wrong ... even though i am certain that i entered all characters correctly.. Eventually i had to call the courty and they provided me with an email to scan the filled out N9B form to.. i have done this and got a receipt confirmation from them..

 

Would I still be able to access it online to monitor the Progress ? has this happened to anyone before ?

 

Once you have submitted your defence that will be the end of the MCOL access.

 

You now need to concentrate on putting your defence together and submitting it before the due date. What did you put on the Acknowledgement, that you intended to defend the claim ?

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If your advice friend is reccomending you talk to them over the phone, I would start listening to someone else. They mean well but the advice they have given re talking over the phone is tragic. It will get you in bigger problems.

 

AndyRoach is your guide :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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LOL yes you Mr :p

 

Your one of the many with Legal experience that have helped many people :D

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Apparently my friend missunderstood th whole situation, and thought I only wanted to negotiate repayment period...

 

I ticked defence on the acknowledgement...

 

. pls read the above for my discovery so far on this debt .

 

. I need your advice in how to put my defence together .

 

. SIR ANDYORCH and friends pls :)

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Apparently my friend missunderstood th whole situation, and thought I only wanted to negotiate repayment period...

 

I ticked defence on the acknowledgement.... pls read the above for my discovery so far on this debt .. I need your advice in how to put my defence together .. SIR ANDYORCH and friends pls :)

 

The best thing to do is search on the threads on here to establish a defence which matches your own defence of the claim,

post it here and ask for help / opinions.

 

Don't lose sight of the fact the defence MUST be submitted by 10th August,

if you don't submit it by that date the claimant can request a Judgment by Default

(ie you would get a CCJ if you don't submit you defence by the 10th !)

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We already have all the templates in the Legal Library tiggrae ...please do not post templates to thread in full.

 

PS no chance with your no 8. and number 1 must be made by way of a separate request with the statuary fee.

 

Regards

 

Andy

We could do with some help from you.

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We already have all the templates in the Legal Library tiggrae ...please do not post templates to thread in full.

 

PS no chance with your no 8. and number 1 must be made by way of a separate request with the statuary fee.

 

Regards

 

Andy

 

 

That's find Andy,

but you've also removed the initial comment regarding the need to send out a request for information under CPR 31-

no one is helping this lady with any advice !!

 

" One way of helping you defend a claim (but don't lose sight of the fact you need to put your defence together and submit it in time)

is to request specific documentation from the Claimant

- you can do this by sending the following letter with the attachment to them

- in most cases the claimant simply does not have the documentation necessary to support a claim in the county court

- you need to send this by recorded delivery to either the claimant

or if they are using solicitors to the solicitors address.

 

Send it recorded delivery,

 

when you submit your defence mention in it that you have Served a Request for Further Information on the Claimant / Claimants Solicitors

and attach a copy of the letter and it's attachment."

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Its in the link she completed in post #1 tiggrae

We could do with some help from you.

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might it be useful to attempt to discover why previous DCA's have offered such a massive discount.?

 

ok an sar to provident [vanquis] might NOt come in time, but if it does might throw some light?

 

gotta be ROP [PPI} or penalties fees involved here?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sir Andyorch .... Pls what is #1 and #8 ?? I don't seem to know what you are referring to pls ...

 

.. and Triggae Thanks !!!

" you can do this by sending the following letter with the attachment to them"

Please what letter ?? I can't see it

 

@ dx100uk ... Exactly !! That is why i am disputing it ..

. if I can't send an SAR to Vanquis now please what steps do I take ?

I am so sorry I am a lame man (woman :???:)

I have no clue in all these legal terminologies !!

I wish I could just hide behind someone to sort this nightmare out !!!

but i ve accepted it's my responsibility to clear up regardless ...

I get all sweaty realising I have ONLY got 2weeks to request information from them (lowell or BW Legal ) and also submit the defence!!

 

I don't want to shoot myself in the foot by relying on my own knowledge.....

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Vanquis do a scheme where they can freeze your account for up to a year, interest free if you are in financial difficulties.

 

Did you opt in to that when you opened the account? If not , not to worry,

 

get your acknowledgment in,

 

then get working on your defence.

 

If you can;t get it all done by the deadline (new babies and litigation don't really work well together),

submit what you can with a covering letter to the court,

copied to Lowell,

to say that further particulars will be supplied in due course and giving the reason why you have been unable to get everything in on time.

 

Small claims courts have the freedom to be fairly flexible (if it's not on that track, you could ask for it to be transferred).

 

Important though - include with your defence a request for the case to be heard at your local county court.

This may require a special form, others on here will let you know about that.

 

I'm sure it will all be fine,

but be aware - since you seem to accept that you do actually owe them some money

- that you will probably end up with a CCJ, but if satisfied within 28 days it will not show on your credit file.

 

It may be worth checking your default notice to ensure it complies with the legislation which is very particular about not only the words to be used,

but which ones need to have underlines and which ones need more emphasis.

 

also the dates by which you should respond etc.

 

If not, then the debt - although due - is unenforceable,

 

so the court cannot order you to pay it, leaving Lowell and Vanquis completely impotent.

 

Good luck - you'll be fine with all the help available here

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@ Bsjbuckler .. Thanks For understanding that "NEW BABIES AND LITIGATION DON'T WORK TOGETHER" especially when it's a seriously ill recovering infant with a more demanding attention ....

 

Honestly , i don't remember opting in or out of anything .. I can't find any default notice from them, I have checked everywhere .. I do not want any CCJ which is why i am not part admitting , I am defending the claim.

 

I have read through mostly the threads to find out how to approach my next step .. but i am just getting more confusingly muddled up !! .. at this stage, I have ONLY just acknowledged the Claim. Could someone please advise or paste a link on the template of how, who to SAR, CAA , and CPR, what other documents ?? and how many days should I request that they respond by ? bearing in mind that I should submit the defense by 07th of August 2014 ...

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Sir Andyorch .... Pls what is #1 and #8 ?? I don't seem to know what you are referring to pls ...

 

.. and Triggae Thanks !!!

" you can do this by sending the following letter with the attachment to them"

Please what letter ?? I can't see it

 

@ dx100uk ... Exactly !! That is why i am disputing it ..

. if I can't send an SAR to Vanquis now please what steps do I take ?

I am so sorry I am a lame man (woman :???:)

I have no clue in all these legal terminologies !!

I wish I could just hide behind someone to sort this nightmare out !!!

but i ve accepted it's my responsibility to clear up regardless ...

I get all sweaty realising I have ONLY got 2weeks to request information from them (lowell or BW Legal ) and also submit the defence!!

 

I don't want to shoot myself in the foot by relying on my own knowledge.....

 

Rita I have removed part of tiggs post that why it does not make sense.

 

You request information by using the following links...these were in the fist post that you was advised to read and complete.

 

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

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974(2-Viewing)-nbsp

 

Have you completed your acknowledgement of service?

 

Have you worked out your defence due date?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Send the above off then asap and I will look next week at what can be offered as a possible defence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks so much !!!

 

I 'm breathing much more better now with your advise so far !!! ..

 

I am hoping to put this together tonight and send off recorded by midday tomorrow ..

 

. so Am I to send the CPR 31.14 request to Lowell's solicitor i.e Bw Legal

 

and also send the CCA directly to Lowell with the £1.00 postal order ?

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yes correct dont sign either

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I make your def deadline midnight the 9th?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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