Lowell/Cohen got sneaky CCJ on Vanquis Card 'debt'

[pcforum1]

On behalf of a friend who only received this letter a few days ago

I checked out the information at the court and apparently it already happened.

Court states claim issued on 8th Dec 2015.

 

This letter below dated 5th Jan 2016, received Monday 11th Jan.

 

"Notice of pending CCJ"

 

Our client: Lowell Portfolio Ltd - Account # xxxx

Court name : Northampton Claim number : xxxx

Amount due £1800.00

 

"You are aware that we have issued legal proceedings against you in the Northampton County Court."

 

No letter or other communication received.

"As you have failed to respond with proposals for payment or provide any valid explanation why the deb should not be paid, we are now instructed to enter judgment against you."

No possible way to respond.

 

"In order to provent judgement being entered you should make payment of £1800.00 within the next 7 days"

Which 7 days? looks like its already passed?

 

What advice can be given?

Thank you.

[AndyOrch]

Acknowledge the claim and defend it all...once the claim forms are received...

 

Court states claim issued on 8th Dec 2015.....then you still have 18 days to acknowledge service.The claimant can not request judgment before that expires.

 

Andy

[pcforum1]

How does he acknowledge the claim and defend if there are no documents or online p/w ? Only have the Claim Number here.

[AndyOrch]

Well I did state initially once the claim forms are received...have you informed Northampton you have not received the claim?

[pcforum1]

Claim details received but already a CCJ was recorded on the 14th Jan.

Using MCOL to set aside the judgment. Set Aside - Order

Which wording would be required for explanation?

[AndyOrch]

If a claim was issued on the 8th Jan 2016 its impossible for a judgment to be granted by the 14th Jan 2016...19 days is the minimum period before a claimant can request judgment.

[pcforum1]

Claim was issued 8th Dec 2015, not 8th Jan 2016.

What can be done in order for it to be put aside for a defence case?

[AndyOrch]

My mistake:oops:

[pcforum1]

Can anything be done then or not?

[AndyOrch]

If he never received it and has not moved address recently...then set a side...assuming he has a defence to offer.

[pcforum1]

When asking for it to be set aside a defence for this is also required at the same time.

"You must demonstrate to the Judge you have grounds to defend to the claim."

 

Reason:

"An Order to set Judgment aside for the reason that the Defendant did not receive notice of the proceedings.

Royal Mail failed to deliver court claim to the Defendant's address because it was mis-delivered and subsequently the Defendant has been unable to have the opportunity to defend the claim."

 

Would that be adequate enough? Even though no particluars of the claim are challenged as yet to the judge but it can be listed from the claim. Should I add in those too?

[dx100uk]

what the debt all about?

when did he last pay it?

 

 

dx

[pcforum1]

Vanquis credit card who obviously sold debt account to Lowell.

There are no dates on the particulars of claim at all.

On CRA file, the default date is Oct 2010.

Last payment would've been well before Oct 2010.

[AndyOrch]

Still requires a valid defence apart from the none receipt...why does he not owe the debt?

[pcforum1]

The debt become too large to pay under the circumstances at that time.

Didn't receive proper paperwork or claim letters until it was already over.

 

Vanquis never made any arrangements to discuss the debt and clearly just got rid of it to multiple DCAs,

Lowell being the newest DCA but certainly no "assignment notice" was ever sent.

[pcforum1]

What would be the valid defence aside from non receipt?

[pcforum1]

Is there any valid defence?

[AndyOrch]

You tell us...its your friends debt.

 

We cant magic a defence up to match the set a side.Was there unfair charges...missold PPI ...did he receive a default notice...has he ever requested a copy of his agreement..etc etc...?

[pcforum1]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 08 Dec 2015

Date to submit defence = = Saturday, 9 January 2016

 

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

 

1.The claim is for the sum of £1600 due by the Defendant under an agreement

regulated by the Consumer Credit Act 1974 for a Vanquis account

with an account reference of xxxxxxxxxxxxx

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.

The debt was legally assigned to the claimant on, notice of which has been given to the defendant.

The claim includes statutory interest under S.69 of the County Courts Act 1984

at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings

in the sum of £125

The claimant claims the sum of £1700.00

 

What is the value of the claim? 1885.00

 

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

 

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? No receipt of

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Financial issues

 

What was the date of your last payment? Approx 2009

 

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 mgnt plan? No

[pcforum1]

CCA and CPR sent as recorded, no reply as yet.

Judgment already given.

[pcforum1]

Cohen thanked me for the letter (no reference to the CPR which actually what it was about) that was sent to them. Just stating that the judgment has been given on the 14th and if any questions then call them.

Please advise.

 

What order are you asking the court to make and why?

 

An Order to set Judgment aside for the reason that the Defendant did not receive notice of the proceedings.

Royal Mail failed to deliver the court claim to The Defendant's address in good time as it was misdelivered. There is a history of Royal Mail failing to meet acceptable standards of delivery and the Defendant has many complaints registered with Royal Mail.

The Defendant has an arguable defence if The Defendant is permitted to submit it.

It would be in the interests of justice to set aside the Judgment and allow The Defendant to present a defence case.

 

----------------------------

[pcforum1]

Please advise.

[pcforum1]

Received a "Notice of Hearing of Application"

Date is in May for setting aside judgment.

 

Does this mean the Defendant and/or claimant requires to attend this hearing?

 

What's the likely outcome of such hearings?

[dx100uk]

ideally you should always attend

[AndyOrch]

Received a "Notice of Hearing of Application"

Date is in May for setting aside judgment.

 

Does this mean the Defendant and/or claimant requires to attend this hearing? Your application you must attend...they prob wont judging by your post of their response above

 

What's the likely outcome of such hearings?

You are either granted or dismissed on the set a side application

 

 

Andy