Lowell/Cohen/lowells sols claim form - Vanquis card 'debt'

[matthewadam]

Hi

 

My father received a claim form dated 7th Dec 2015 a couple of days ago I would appreciate any help or advice on how best to deal with this.

 

My father has mental health issues so needs my assistance to respond to the claim form.

 

I wrote to Lowell a couple of weeks ago (in my father's name) in response to a letter from them asking what the debt relates to etc but have not received a reply.

 

The details of the claim form are -

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 7 Dec 2015

 

Date submit defence ) - by 4pm 8th jan

What is the claim for – the reason they have issued the claim?

 

1.The claim is for the sum of £1330 due by the Defendant under an agreement regulated by the consumer credit Act 1974

for a Vanquis account with a reference of xxxxxxxxxxxxxx

The defendant failed to maintain contractual payments required by the agreement

and a Default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

2.The debt was legally assigned to the claimant on , notice of which has been given to the defendant. (NOTE: No date was entered here)

 

3.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per anum

from the date of assignment to the date of issue of these proceedings in the sum of £106

 

The Claimant claims the sum of £1436

 

What is the value of the claim? £1586

 

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? Not sure but would think 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. Assigned to Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Not sure - my father has no paperwork but may have ignored/been confused by/binned.

Did you receive a Default Notice from the original creditor? Not known

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not known

 

Why did you cease payments? If he did stop payments then probably because he got ill and lost his job

 

What was the date of your last payment? Not known, but nothing in last 3 years

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

 

Any advice greatly appreciated, thanks

Edited December 14, 2015 by matthewadam

[dx100uk]

welcome aboard

 

thanks for the info .. great help

 

can you pop off and get his credit report from say noddle [its free]

 

also note the defence filing date changed to what you calc'd

dx

[matthewadam]

Thank you.

 

I have got this from Noddle -

 

Account type Credit Card

Account number **********

Account start date 15/05/2010

Opening balance £ 1,330

Repayment frequency Monthly

Date of default 30/04/2012

Default balance £ 1,330

[dx100uk]

yep so that sort of tallies with what you've put.

 

ok well ack the claim [AOS} on mcol website

defend all

leave juris unticked

get a CCA request running to lowells

 

and a CPR 31:14 from the legal section of the library running to cohen

don't sign anything.

[matthewadam]

Thank you, I have done those.

 

I guess I now wait for the responses and then post them here ?

[dx100uk]

or not as is usual and the case gets stayed

but as this is post apr 2007 they might well have the stuff and can always use a reconstructed one

 

 

there are quite a few vanquis claim threads here to read

[matthewadam]

Hi

 

My father hasn't received a response from either Lowell or Cohen Cramer as of today, but needs to submit defence by 4pm tomorrow. I have looked at other threads and put his proposed defence together from those.

 

Could someone please advise me if it looks ok ? Thanks in advance.

 

The particulars of the claim are as follows:

 

1. The Claimant claims the sum of £1330 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Vanquis.

 

2. The Defendant's account number was************* and was assigned to the Claimant on NO DATE PROVIDED notice of this has been provided to the Defendant.

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement

and the default notice has been served pursuant to the consumer crediticon Act 1974.

 

 

Proposed Defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted I have had financial dealing with VANQUIS in the past but I am unaware what account the claimants refers to. I have never been contacted by VANQUIS with regards to any alleged outstanding monies.

 

3.Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.It is contended the Claimant is unaware of the alleged assignment date also

4.Paragraph 3 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

As an Assignee of this alleged debt the claimant would not be in a position to state whether one had been served or not, therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /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 Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

 

7.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement

and other documents on which the Claimant claim relies upon.

 

8.Until such time the claimant can comply with the above sec 78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Edited January 7, 2016 by Andyorch
Slight edit.

[dx100uk]

looks ok to me

wait for andy to check it.

 

dx

[AndyOrch]

Thats fine matthew...just one slight tweak at 3.

 

Regards

 

Andy

[matthewadam]

Thank you.

 

I'll upload that now.

[matthewadam]

My father has received a letter today from Lowell Solicitors advising him that they have replaced Cohen Cramer as the solicitors, enclosing a N434 form.

 

They say they will be proceeding with the claim and acknowledge his defence form

and also his letter to Lowell Portfolio 1 in December requesting a copy of the Consumer Credit Agreement.

 

They state they have requested this and will forward on receipt.

They also enclose a copy of the Notice of Assignment to Lowell from Vanquis but nothing else.

 

The letter finishes by asking him to contact them with a payment proposal within 2 weeks

or they will prepare a reply to his defence and proceed at court.

 

Am I right that my father should do nothing at this point ?

 

 

Is it worth telephoning the court to see when the 28 days for Lowell to respond to the defence is up ?

[dx100uk]

twill be 33 days from the day you filed defence via MCOL

then be auto stayed

 

 

nothing needed for you to do with that letter .

 

 

dx