Jump to content


  • Tweets

  • Posts

    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as 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 consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
  • Our picks

Banks78

Claim Form Lowells/vanquis

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1228 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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)


**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

oops Sorry about that, Thanks Martin.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

Have you acknowledged service of the claim?

 

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

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Go ring vanquis

 

Ask last payment date

 

Don't miss your def filing date whatever happens

 

Go read like threads too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites
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!

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...