Lowell/? claimform - old credit card 'debt'

[notobailiffs]

Some advice please,

 

Lowell have issued court proceeding against me for a credit card debt,

 

I have followed the advice that I have read on this great site as follows:

 

Lowell issue proceedings,

I acknowledge and submit defence,

Court issue court date,

Lowell submit copy of application form which does have my signature and also default letter as requested in my defence.

 

Does that mean that I ave no defence and should pay up to avoid CCJ or is there still something I am not seeing that can stop them.

 

Please help, I have until May before the court date

[SabreSheep]

Hi there

Welcome to CAG

 

Please follow this link and answer the questions positng the answers on this thread.

 

This will help people know how to advise you.

 

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

 

Regards

SS

[SabreSheep]

Also can you post up (minus personal details) a copy of the defense you supplied.

Edited March 29, 2015 by SabreSheep
Spellcheck 5000

[AndyOrch]

Thread moved to Financial Legal Issues.

[notobailiffs]

In order for us to help you we require the following information:-

 

Name of the Claimant ? LOWELL PORTFOLIO LTD

Date of issue – 25/11/2014

DEFENCE ALREADY ISSUED

 

SMALL CLAIMS COURT DATE SET FOR MAY 2015

What is the claim for –

 

 

monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974

between the defendant and (credit card)

and assigned to the claimant on 09/04/2014

notice of which has been given to the defendant.

the defendant failed to maintain contractual repayment under the terms of the agreement and

a default notice has been served which has not been complied with

 

What is the value of the claim? £735.32

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? AFTER 2007

 

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? NO

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 ? NO

Why did you cease payments? LOST JOB

What was the date of your last payment? DO NOT KNOW

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

[notobailiffs]

DEFENCE

 

I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an ACCOUNT with Vanquis for CREDIT CARD SERVICES however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the Consumer Credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. 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 evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full ACCOUNTING of the amount they have claimed.

 

6. 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 Act 1974.

 

17. 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.

[SabreSheep]

OK, Andyorch is the best person to answer this one.

I will ask Qs that may make things easier to advise.

 

I do note that you stated that they have supplied you with a signed copy of the application form. NOT the credit agreement!

Although be wary as this is post 2007, they can use a recon agreement to enforce.

 

Did you send off a cca request to them?

[fkofilee]

:sigh: Vanquis are NOT My favourite people at the moment... So id like to help you with this too.

 

Right; What have you received from Vanquis / Lowell... What was it they sent you with a signature on it?

[notobailiffs]

Ok, lowell's solicitor sent a copy of a signed pre selection application with part of an agreement on it. The signature us in an official box, however the signature of the vanquis official is super imposed over where their signature should be.

 

Also they have sent a longer version of the agreement but there is no signature on this document.

 

I did send a cca (27/11/2014) to Lowell but to date they have not replied

[dx100uk]

then you go by the CCa return of the one you sent after the claimform receipt

 

 

can you scan up the full CCa return you got before please

 

 

excellent defence BTW.

 

 

who is the sols? farter or BE?

 

 

who was the OC too?

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures

please put these into WORD and make a multi page document

.

first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

[notobailiffs]

Ok having trouble converting the amount of info sent to PDFs and since they have sent further info.

 

They have informed the court that they will not be present at the hearing and hope that their witness statement with exhibits will be sufficient.

 

They provide:

 

Signed copy of original agreement with vanquis

A copy of full t&c

Full statement of monies owed to vanquis

letter of default from vanquis

Letter of assignment which claims account was sold to lowell

 

Have they got me now or will the court be unhappy that they are not attending

[AndyOrch]

Always preferable for both parties to attend any hearings...but they are allowed to abstain, have they submitted a witness statement?

[dx100uk]

easiest way on documents

is to redact each sheet in JPG format using say MSpaint and fill boxes dragged over the parts that need blinking

 

 

then put everything into a word document

 

 

when that's done

there should be a print to PDF option

or

a save as option to .pdf

 

 

if not

simply save the multipage document as normal

and use one of the many online doc to PDF converters.

 

 

then simply attach the PDF via the manage attachments box after clicking go advanced bottom right.

[notobailiffs]

Yes they have sent a witness statement

[AndyOrch]

Are you happy and content with its contents ? do you intend to challenge anything contained within it?

[notobailiffs]

It appears to cover all the details that I put in my defence, how can I prove the legitimacy of a letter they claim was sent to me by original creditor.

By your post it would appear that I won't win, which would mean can I now stop a co

[notobailiffs]

Can I still stop a ccj

[AndyOrch]

" By your post it would appear that I won't win",

 

How do you arrive at that conclusion notobailiffs....I have not seen their Witness Statement or anything that they wish to rely on.