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I have a cc claim form dated the 27th Oct for a cc debt that is being pursued by Lowell.

 

About 18 months ago I requested a consumer credit request,

sent it off recorded delivery but did not receive any further response to this other that the usual demand payments.

 

 

Fast forward to now and i'm wondering what to do about the cc form?

 

 

Although I've kept all my letters I can't find the receipt from the post office for the recorded delivery and the £1 postal order as proof that i sent it and they never acknowledged it…

 

Am I toast?

 

Thanks in advance

 

PB

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First of all you should acknowledge the claim. This will give you a further 14 days – so a total of 28 days in which to deal with it.

 

Secondly, start resolving to look after your paperwork better.

 

Thirdly, write to the claimant and point out to them that although you sent them a recorded delivery letter dated XXX making a statutory request for a copy of the CCA, you had received no reply. Enclose a copy of the original letter which you sent them. Tell them in view of the fact that they have now sent you a claim, you are sending them a copy of the request and in order to avoid any complication, you are enclosing the statutory fee for a second time and that they should treat this as a further request. Tell them that if you fail to hear anything from them, you will be filing a full defence with the court and you will be pointing out that they have been unable to comply with their statutory obligations and that as such, any alleged debt would not be enforceable even if it did exist.

 

Send it off straightaway – meaning today. Send it first-class – guaranteed special delivery tomorrow morning. Keep all the copies. Keep all the receipts.

 

Calculate the return date for the defence – which should be about the 23rd of the month and then if you do not hear from them, simply file a defence on the basis that I have outlined above. Deny the existence of any debt and point out that on such and such a date XXX and also on such and such a date XXX you served the claimants with a properly paid statutory request for a copy of the CCA and you receive no response and therefore any alleged debt that might exist would be unenforceable and you want the claim struck out.


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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks BankFodder

 

I see that I can respond to the claim form online at moneyclaim.gov.uk so I think I'll do that but can I just check, looking at the form, it's just the Acknowledgment of service section that needs to be filled out then? In that section it asks you to tick the appropriate box…do i tick no.1?

 

1. l intend to defend all this claim

2. l intend to defend part of this claim

3. i intend to contest jurisdiction

 

Also just to clarify when I resend the CCA it's not to the solicitors (lowell) but to the claimant in the claim form (lowell portfolio)? although when i originally sent the first request it was sent to Moorcroft. Do I mention this or should they already know?

 

Thanks

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Tick number 1.

 

Send it to the claimant - and qa copy to anyone else as well.

 

I suggest that you respond to the link posted by DX at post number 3, as well.


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Ack [AOS] the claim on mcol

Defend all

Leave jurisdiction unticked

 

CCA request to the claimant

CPR 31:14 to the sols

Leave the £1po uncrossed and blank

Don't sign anything


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Name of the Claimant ? LOWELL PORTFOLIO

 

Date of issue – 27TH OCT 16….ACKNOWLEDGED CLAIM SO DEFENCE DATE BY 29TH NOV

What is the claim for –

 

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxx ('the agreement').

 

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 26/01/16 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £3,648.12 remains due and outstanding.

And the Claimant claims

 

a) The sum of £3,648

b) Interest pursuant to 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.800, but limited to one year, being £219.09

c) Costs

 

What is the value of the claim? £4132 INC COSTS

 

Is the claim for a 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. LOWELL

 

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

 

Did you receive a Default Notice from the original creditor? YES -MARCH 2015 FOR £3475

 

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

 

Why did you cease payments? CHANGE OF INCOME

 

What was the date of your last payment? 28/11/14

 

Was there a dispute with the original creditor that remains unresolved? NOT RECEIVED CCA

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES IT WAS REDUCED TO £5PM BUT I COULDNT AFFORD THAT.

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I have a reply from Lowell saying they don't have the information under section 77-79 of the consumer credit act 1974 on file but have requested the relevant details from the lender.

 

I acknowledge the 12 day time limit to provide this information before the credit agreement becomes temporarily unenforceable.

 

However, as we have to request the details from the original lender I anticipate that we will not be able to provide this within 12 days but we hope that within 40 days we will have retrieved the information to comply with your request. In the unlikely event we are unable to obtain this after 40 days, we will write to you again.

 

If you have any queries, please do not hesitate to contact us.

 

So.....what do you think?

I have until next Monday to file the defence at court...

..should I wait,

would the court be unhappy if i haven't given them the time to try and retrieve the papers?

 

Also..... after sending of a CPR to the solicitors I did what dx100uk said and didn't sign the letter personally, I just typed my name...

.and got what I thought was a ridiculous response back which says;

 

Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

 

Yours blah

 

 

Any thought on this?

 

 

Thanks

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You file your defence regardless of what the other side can ir cannot get in time.

Search for no paperwork/holding defence in the red cag search bar.

 

When you have found one, adapt it to adequately respond to the PoC on your claim form and post up for approval before filing with the court.

 

The main point is that they should have all their papers in order before bringing a claim, tough on them if they havent, file yours on time


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I think I've got confused and made a blunder...

.I thought I had 33 days from the issue date to file my defence which would be tomorrow

but now I've re read the solicitors letter and they said if they haven't heard from me they will request a cci on the 24th of Nov which was be the 28th day.

 

 

I've just logged back onto the money claim line and there doesn't show any other activity although I'm not sure if it would.

 

Could someone please confirm if you think I've missed the deadline and if so can I still go ahead with the defence if other side haven't applied for a cci yet. Thanks

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33 days from date of claim form issue date on the form.

what is the issue date.


IMO

:-):rant:

 

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the issue date is 27th Oct....so yes tomorrow would be the actual date for me.

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its due TODAY ideally by 4pm

 

 

sorry your initial thread was not checked

as we should have alerted you to the fact you had the count wrong

claimform date is day ONE in the count


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Lowell+Claim+Form+-+old+vanquis+card+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Lowell%20Claim%20Form%20-%20old%20vanquis%20card%20'debt'&gsc.page=1

 

 

find a defence

post it up here

and we'll check it first

 

 

by midnight will be ok

courts don't expect LIP's to get everything right [litigant in persons]


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ah ok, thanks very much dx100uk....i'm on it now!

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I hope I'm not too late in posting and someone is about to check what I will post.

 

I've had a look, there's so much info that sometimes I get a bit muddled....I'm quite dyslexic so I find it very challenging to research this kind of thing, I'm at the stage where I'm reading but taking very little in :( so hopefully this will be ok?

 

 

 

 

No documents supporting the claims in the particulars have been offered and despite my request to*the claimant for a copy of the agreement and full breakdown of the account, sent recorded delivery on*14th October 2015 and again on 9th and19th November 2016

 

Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the*claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully*particularised defence should the claimant and their representative provide copies of the original*documents he or she will rely upon.

 

Further to the above paragraphs, the defendant is unable to plead effectively or at all. The*defendant is embarrassed.*

 

Statement of truth*

 

I believe that the facts stated in this defence are true.

I am the Defendant.

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do not use a very old embarrassed defence !!

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Great thanks so much dx, I'll post this on claim line tonight before 12, thanks so much for your help, it really is appreciated......thank you!

 

What is the claim for –

 

1) The defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxx ('the agreement').

 

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 26/01/16 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £3,648.12 remains due and outstanding.

And the Claimant claims

 

a) The sum of £3,648

b) Interest pursuant to 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.800, but limited to one year, being £219.09

c) Costs

 

 

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 in the past had an agreement with Vanquish but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

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

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

c) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. 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

 

10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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Just their paragraph 2.....you seem to have ignored or missed it?

 

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

Andy


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3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974 by the Original Creditor Nor copies via Document requests to the Claimant and their solicitors.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I received the CCA from Lowell dated 22nd Feb along with a letter which says

 

'Please find enclosed a copy of the Directions Questionnaire which we have now lodged with the court. You will shortly receive a copy of the same directly from the Court for completion and return. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed.

 

If you have any questions or wish to discuss further etc etc'

 

Its a form for settlement/mediation

 

I haven't heard anything from the court yet, does it typically take this long?

 

Would I need it?

not sure now I've received CCA

although I'm not happy that since then they have increased the balance by £484.09 because they applied to the court but I feel

 

if they had responded to my CCA request the first time round and not ignored me then they wouldn't have needed to apply to the court.

 

I had a quick chat to Step Change who thought Bankruptcy was an option but I'm not keen.

 

 

I can only offer them £3 pm and frustrated about the charges.

 

 

Is this something the mediation can be used for?

 

Thankful for any advice on how to move forward

 

Puddleboots

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its simply willy waving by lowells

 

 

have the COURT actually contacted you with an N180 or anything?

 

 

if not the claim is stayed

aint going nowhere.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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:)

 

No court hasn't been in touch at all.

 

I'll just wait then...:)

 

Thanks for the advice

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