Lowells/? claim form - OH's old Vanquis card 'debt'***Settled by Tomlin Order***

[Myfamily]

hi

I believe it says on the 3rd page about half way down under

"the following directions apply to thie claim"

 

 

6) each party must deliver to the other party and to the court office copies of all docs on which that party intends to rely upon at the hearing no later than fouteen days before the hearing?

 

the hearing is on 15th feb

[AndyOrch]

Then you must proceed with the directions and prepare your disclosure and witness statement and file and serve by that date...its a good indication if by that date you have not received the claimants witness statement and disclosures ..they do not intend to proceed...so any thoughts of settlement should be kept in abeyance until such time...irrespective whether they pay the hearing fee or not.

[Myfamily]

I really want to avoid having to go to court!

[dx100uk]

Well by doing as you are advised you probably will avoid it

[AndyOrch]

And by not doing it your defence could be struck out...so no court but a CCJ on your file.

[Myfamily]

Hi All,

 

sorry I don't mean to panic again

- but I don't know what to write to the court

 

 

I believe I need to submit a witness staement and any supporting docs

- I have no idea what to do!

 

 

Or should I be writing to Loweels with an offer??

 

 

they have provided the agreement and statements etc (post #74)

[dx100uk]

Lots of witness statement examples already here if you use sear h CAG box

[Myfamily]

yes but what am I actually going to say to them??

 

sorry I didn't pay it?

the charges are too much?

want to make arrangement?

default date seems to be wrong?

 

 

I know I'm a nuisence but I've just gone blank!

[jaycwl]

Have you uploaded the agreement,

default notice and anything else that they have sent

and let the guys check that its legal,

because if not there's a start.

[Myfamily]

Hi Jaycwl,

 

yes the agreement etc is on post#74

 

Thanks

[jaycwl]

OK I'm no expert at all with this stuff, but I can't see any notice of assignment.

 

 

Lowell informing you of them buying the debt.

Also seems to be a lot of charges on the account, and the payment in June was that from you?

 

 

Just make sure everything is correct from their side,

 

 

there's a reason vanquish sold the debt if they had the original agreement!

 

Andy and DX are pretty good at picking apart these things hopefully they can help more.

[Myfamily]

Hi Jaycwl

 

Well in post#66 their letter acknowledging my CPR 31.14 request says that they don't have to provide a copy of the deed of assignment.

 

not sure if that's correct

[ericsbrother]

it is correct, their deed is a document between them and the original owner of the debt.

 

 

What they must do is dig out the letter of assignment that the original creditor sent you.

 

 

Usually this is written by the debt buyer on the OC headed paper to show that it is real but theoretically sent by the OC.

 

 

Lowells will have a copy and must provide it to show they have the right to take you to court.

[Myfamily]

oh well they havent sent that to me!

 

I sent them and CCA request and a CPR 31.14 request i can't remember whih one asked for the letter of assignment.

[ericsbrother]

then that is something to beat them with if you named it correctly and they havent supplied it.

 

 

They should have done this before if you sent them a cca request.

 

 

The cca request wont have to name the letter separately,

they have to show a list of things to make it all legit and that is one of them.

 

 

Others include annual statements and so forth

[martin2006]

Type Lowells/vanquis into the cag search on the red bar and liok at simikar WS's, Base yours around one of those approved and put your circumstances into it, bearing in mind the defence you submitted.

[jaycwl]

I think what he's trying to say martin is he used a no paperwork defence but they have sent paperwork now.

 

 

Also most of the WS are no paperwork ones, so what should he use?

 

The thing is myfamily WS is your personal account on what has happened.

In your case you want to show the claimant it's not going to be easy and that even what they have sent isn't perfect.

 

 

Hopefully (dismiss) best case scenario or arrange a deal,

but neither will happen if you don't show some flaws in there claim and paperwork

 

I've picked up on no notice of assignment but can anyone else find anything wrong with what they have sent?

[dx100uk]

MF scan up what they have sent you please to ONE multipage PDF

[agreement etc etc

[Myfamily]

MF scan up what they have sent you please to ONE multipage PDF

[agreement etc etc

 

HI DX - I did this already it's on post#74

[Myfamily]

Hi all, I've had a search for something to write to Lowells,

but like Jay said I can't see anything that is similar,

 

 

most of the witness statements and defences are for no paperwork

- no idea what to do and panicking a bit!

[jaycwl]

There is no templates for ws my family, you need to write this in your own words. You need to explain how they have not followed everything down to the t and how you are going to defend this EG no notice of assignment. You need to set some doubt in the claimant so you win or get a good reduction on a settlement.

are all the details correct in everything that they have sent ? dates, addresses

 

This is the ws I did in my case with hoist, its not the best but you will get a general idea http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt-***Claim-Discontinued***/page3

post 49

 

knowledge is key, go have a really good read on lots of other cases and get the whole idea of what goes on and what to expect. No one can do this part for you but ive found if you give things a good try first then people can give constructive criticism and tell you what to change.

[martin2006]

Jays WS is a good example of how you need to lay it out MF.

 

Start with the header, filling in with your own info and begin with paragraph 1 after that.

 

Once you get into the flow it becomes easier to write, its the getting started that stumps people.

[Myfamily]

Hi All, just wondering

- my court docs says that I have to file a witness statement no later than 14 days beofre the court dat (15th Feb)

 

 

but it also says that the claimant has to pay the hearing fee by 16th Jan or the hearing will be removed from the list.

 

 

do you think it's worth me ringing the court to see if that fee has been paid?

[dx100uk]

yes always

[Myfamily]

Just called them - they paid the fee on 17th Nov.

 

And apprently today is when the witness statement and supporting docs have to be in! 14 WORKING days beofre the 15th Feb (i counted normal days and was going to do it next week!

 

She said they have not recieved any documents from Lowells, so I'm really worried now! , I'm gonna have to get something sent as fast as possible tomorrow morning (i'll never make tonights post)