Claim Form Lowells/vanquis

[Banks78]

Hi There,

 

Very very new to all of this but was recommended by a friend to seek advice.

 

I received on Sat 2nd July a Claim for Lowell solicitors

in regards to a credit card debt I had some years ago when in a dire financial situation.

 

 

The sum total for the debt inc cost etc is now £723.

 

 

My situation has improved only slightly in that I am now working part time,

but I am trying to keep my head above water in regards to other debts.

 

 

Whilst at a push I could offer a payment plan of some description,

I was wondering if there is anyway I can fight this.

 

 

I wouldn't be opposed to paying vanquish the original debt now,

but to pay lowel who has bought the debt just infuriates me.

 

Just wondering if I have options or not.

I haven't had any phone or letter correspondence with them

though periodically I have received letters threatening action,

which I have ignored (I know My own fault ).

 

Appreciate any advice

 

thanks

[fkofilee]

Hi Banks78

 

Welcome to CAG

 

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

 

Please fill out first post and paste back here.

We will then assist as best we can.

 

We need to know the POC (Particulars Of Claim)

[Banks78]

Hi Thanks for reply. I hope I have answered correctly. I just need to print off the request for Agreement forms from the Claimant tomorrow and send them I am guessing recorded?

 

 

firstly - read all the posts in this thread FIRST...

 

 

then copy this first msg to your thread - and put your answer after each question

 

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

 

Name of the Claimant ? Lowell Portfolio I LTD

 

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

 

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) - 30th June 2016

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 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.

1) the defendant entered into a consumer Credit Act 1974 regulated agreement with Vanquis under account ref xxxxxxxxxxxxxxxxxxxx

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3)The agreement was later assigned to the Claimant on 15/02/2013 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £549.10 remains due and outstanding,

and the claimant claims

a)The said Sum of £549.10

b)Interest pursuant to s69 County Courts Act !984 at the rate of 8% per Annum from the date of assignment to the date of issue, accruing at a daily rate of £0.120,but limited to one year being £43.93

c) Costs

 

 

What is the value of the claim? £723.03

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? No 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 has issued

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Honestly cant remember. I just started to receive letters from Lowell

 

Did you receive a Default Notice from the original creditor? Probably

 

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

 

Why did you cease payments? I was in financial difficulty from various creditors and was in a cycle of bank charges on a benefit wage.

 

What was the date of your last payment? I have no idea. Was probably 2009 sometime/2010

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 plan? No

[martin2006]

Hi Banks, i have edited the card number, no one needs to see it, if you are ever uploading or typing info, please do not put any identifying info in any post and redact any personal info from uploads

 

Martiin

[martin2006]

Ok so first thing is to go to MCOL website, register and acknowledge the claim, leave juridiction unticked but tick defend all, then exit MCOL

 

Call vanquis and find out when that last payment was made, its important

[martin2006]

Then you need to send a CCA request to Vanquis and also a CPR 31:14 to the solicitors

Make sure use the credit card version and not the current account version

[Banks78]

oops Sorry about that, Thanks Martin.

[obiter dictum]

If your credit file is not that bad the last thing you need is a CCJ to trash it for another six years.

 

As it is for such a modest sum have you considered a "Tomlin Order" as a way of avoiding a CCJ?

 

It is something to consider

[fkofilee]

SO this could potentially be Stat Barred?

You need to find out the date of last payment.

 

Id Contact Vanquis and find out.

[Banks78]

Hi Sorry for late reply/updates I have been working.

 

as per the first reply from martin2006

I sent out the letter to Vanquis requesting the info and Also to Lowell.

This was done on the 6th July (The day after my last log in)

I sent recorded and signed for so they should have received at latest 8th July.

 

 

I received another letter from Lowell telling me of said legal proceeding issued against me and telling me to call them to arrange payment's, and that if I do not reply to the claim or contact them in time then they may enter a CCJ against me.

 

Do I just wait now for a reply from either Vanquis or Lowell?

Also what do I do if I hear nothing in the timeframe in regards to the court claim?

 

I am afraid I don't know what you mean,

so I cannot answer if it could Stat Barred, could you elaborate please?

Do you been it could be out of time for collecting on the debt?

 

I am guessing my last payment would have been when my little girl was 3-4 she is 9 now.

Though it may have been earlier.

 

 

As awful as this sounds I went through a phase of head burying and so I never kept a record of payments or dates. My memory is ridiculously bad!

 

Is it possible that vanquish still have the dates after such a long time now they have sold the debt?

[AndyOrch]

Have you acknowledged service of the claim?

 

Have you worked out what date your defence has to be submitted ?

 

Andy

[Banks78]

Hi Andy Yes I have acknowledged service on MCOL but not worked out date? The Issue date was 30th June. Though I only received it on the 3rd July.

[AndyOrch]

1st August is your deadline

[Banks78]

I Am still trying to find the date of the last payment. Vanquis aren't being very helpful.

 

Thanks Andy. So do I need to do anything more or just wait? If no information comes via Vanquis/Lowell do I need to do anything further do you know?

 

 

Thanks

[dx100uk]

Go ring vanquis

 

Ask last payment date

 

Don't miss your def filing date whatever happens

 

Go read like threads too

[martin2006]

So for clarity Banks78,

 

IF the last payment was more than 6 years ago, then it is Statute Barred and that is the defence you will use, it is absolute.

 

However, IF the last payment was less than 6 years ago then it will depend on what, if any, paperwork materialises from the CCA request and CPR 31:14

 

Now that you know why it is so important to find out when your last payment was made and unless you already have the statements to show, or your bank account to show it, you MUST find out from Vanquis when this was

[Banks78]

Thanks MArtin2006... its slowly becoming clearer.

 

I finally got through to vanquish

a nice boy called Ben told me he couldn't access my details

and therefore wasn't allowed to tell me any information.

 

Whether he couldn't access for security reason or more than likely because it has been sold on.

 

He gave me a number 0845 3009410.

 

When I questioned who it was and whether it was vanquish or not,

Ben just continued to tell me he couldn't tell me any information..

.... So I guess it wasn't Vanquis!

 

Any ideas on how I obtain my last payment date from here if Vanquis are unwilling to participate?

 

TIA

[fkofilee]

0845 3009410 = Lowell

[Old Cogger]

usual vanquis non help monkeys - how do they qualify for the job ? after 99 attempts they are able to pick up a phone maybe?

[dx100uk]

thats really not on if its not outside 6yrs

or totally correct in a way if is

 

 

i'd be cheeky and ring again

diff people give diff answers.

[martin2006]

An alternative possibility is to check your credit files. They may show the last payment month.

 

Www. Clearscore.com and http://www.noddle.co.uk are both free

[Banks78]

usual vanquis non help monkeys - how do they qualify for the job ? after 99 attempts they are able to pick up a phone maybe?

 

 

 

Hehehe The poor boy did sound completely stumped at first!

[Banks78]

Quick update. I received my computer signature contract from Vanquis today

they had a covering letter stating they had sold the debt on,

and gave me Lowell contact details.

 

The contract was started on 23rd nov 2010 so I am a few months short of the Stat Barred period.

So now just awaiting if Lowell send me anything.

will keep you posted.

[martin2006]

The contract may have started then but whats important is the last payment date to begin the SB clock from

[dx100uk]

why did you write to vanquish

CCA to Lowells

CPR to lowells solicitors...or is it BW?

 

the claim is nowt to do with vanquish

the debt has been sold

 

if the card was started in nov 2010 it cant be sb'd can it?

 

check your credit report