Lowell Claimform - old vanquis credit card debt***Claim Dismissed***

[Saj33]

Hi All,

 

I have a claim issuea against me and i am posting on here fpr some help.

 

Name of the Claimant: Lowell Portfolio 1 LTD

 

Date of issue: 14 Mar 2017

 

Date to submit defence = 14 April 2017

 

What is the claim for:

 

1.The claimants claim is for the sum of £313.43 being monies due from the defendant to the claimant under a store cards, credit cards agreement regulated by the consumer credit act 1974 between the defendant and vanquus bank plc under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.07 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £25.62.

 

What is the value of the claim? £424.05 including fees

 

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 2007

 

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? Not sure

Did you receive a Default Notice from the original creditor? Cannot remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments? In 2013

 

What was the date of your last payment? In 2013

 

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 management plan? No

[dx100uk]

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[Saj33]

Hi,

 

Could you review both the CCA and CPR below please and let me know if all is ok?

 

[template removed - what does it say in red at the top? - dx]

Dear Sir/Madam

Re:

CPR 31.14 Request

[template removed - what does it say in red at the top? - dx]

 

I apologise, i was panicking a little.

 

 

I have actually sent those letters off but i amended them a little to suit.

 

 

Have i messed up here?

[dx100uk]

done now

[Saj33]

Hi all,

 

I am ready to submit my defence which is due on the 14th April.

 

Could someone please review the below and advise me if i am ok to proceed and submit the defense?

 

1.The claimants claim is for the sum of £313.43 being monies due from the defendant to the claimant under a store cards, credit cards agreement regulated by the consumer crediticon act 1974 between the defendant and vanquis bank plc under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.07 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £25.62.

 

IN THE county courticon

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VSicon

(NAME) – Defendant

 

Defence

 

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.

 

1. Paragraph 1 is noted. I have had in the past an agreement with Vanquis bank plc but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Vanquis would be regulated and legislated under Credit Consumer Act 1974.

 

2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

Therefore Paragraph 1 is denied 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 and evidence the nature of any breach by way of a Default Notice

© 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;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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 consumer crediticon Act 1974.

 

6. On the xx March 2017 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

7. 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.

[dx100uk]

1. cant see any ref to the agreement NOT being under the CCA in their POC, so why have you put that?

[Saj33]

Hi,

 

I have removed the consumer credit act statment in paragraph 1?

 

 

IN THE county courticon

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VSicon

(NAME) – Defendant

 

Defence

 

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.

 

1. Paragraph 1 is noted. I have had in the past an agreement with Vanquis bank plc but do not recognise the account number referred to by the claimant.

 

2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

Therefore Paragraph 1 is denied 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 and evidence the nature of any breach by way of a Default Notice

© 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;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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 consumer crediticon Act 1974.

 

6. On the xx March 2017 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

7. 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.

[dx100uk]

CCA needs to be there....

[Saj33]

I am confused now, so shall i keep the original statement about the CCA?

[Saj33]

Defence update, hopefully this is now correct.

 

IN THE county court

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VS

(NAME) – Defendant

 

Defence

 

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.

 

1 Paragraph 1 is noted. I have had an agreement in the past with Vanquis Bank Plc but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

 

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

 

3 On the xx/xx/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

4 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 how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

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

 

5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6 On the alternative, if 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.

 

7 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.

[dx100uk]

Post 7 is OK

Sorry for the last CCA comment posted on wrong thread

[Saj33]

Hi, i have submitted the defence in post 10, is that ok?

[dx100uk]

dunno why/where you got point 2 from...why did you change that from what is here in 1000's of defences

 

 

it's total twaddle!

[Saj33]

Hi,

 

I have another claim ongoing with shop direct,

i got point 2 from the defence andyorch reviewed for that particular case,

the difference being this is a credit card claim and the other is a catalogue account,

 

 

both particulars of claim are very similar just different amounts claimed.

 

 

If point 2 in my defence is not correct

does this apply to my other defence as well?

Your help is appreciated.

[dx100uk]

if andy is happy with it then brilliant I must have missed it...silly me..

 

 

dx

[Saj33]

Hi,

 

How can i stop lowell from ringing my mobile and my landline constantly? It is getting to the point they are harassing me.

[dx100uk]

keep a log book

they only want to beg anyway.

mobile you can block them

landlines you report them

 

 

dx

[Saj33]

I am going to contact my phone providor now. Is there any sort legal letter or email that i can send to them?

[dx100uk]

not yet saj

 

 

no point

I take it you know its them from whocallsme.co.uk?

[Saj33]

Yes i searched the number. Hopefully my phone providor can block the number but they may just start calling via another number. I hope they do not start calling my neighbours.

[dx100uk]

a dca should never be doing that re neighbours

they have no legal powers to do anything

they are not bailiffs.

 

lowells have 100' of numbers. not worth the effort.

 

I wouldn't be scared of them

answer once record the call

tell them writing only

then if they ring again you complain to the FCA as they have to be licenced by them

and abide by the CONC rules

[Guest]

if answering the phone, it is as said v import to record.

an eg, when saying comms in writing, the crud calling doesn't note the reasonable request for written comms. so, anyone else looking at the logs just sees 'refused to answer/data protection' or the like

[Saj33]

Hi All,

 

An update on my case.

 

I received a letter from the courts (see court form 1)

which was an order to the claimant to provide further documents to support the case.

 

The claimant responded to the order and provided the documents (see court form 3).

 

I received a further letter from the courts to update my defence and submit this to both the courts and the claimant (see court form 2).

 

Before i update my defence,

could someone review the attached documents and let me know if there are any further actions that i need to do?

 

In regards to my defence,

do i remove the section where i have stated the claimant has failed to provide the documents that i requested?

Court form 1.pdf

Court form 2.pdf

[dx100uk]

You name is on the DN

 

What date was it sent?

 

So according to them the last payment was 02/11 not as you said 2013??

 

So its statute barred!!

[AndyOrch]

Left your name showing on Notice of Default

 

They are still in default of the order...no breakdown as they cant supply statements.