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twopennies

Lowel l Claimform - old vanquis card poss -SB***Claim Dismissed***

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Hi,

I received a court claim dated 3rd May

- Lowell Solicitors/Lowell Financial/Lowell Portfolio Ltd as Claimant

for an old debt from 2010/2011 from a Vanquis card that defaulted due to my redundancy/unemployment.

 

 

I filed a defence on MCOnline on 12th saying the debt was Statute Barred and they could not claim via the courts.

I have had various other attempts to claims debts from this period as they are all now statute barred.

I have successfully repealed so far.

 

Lowell have however responded (letter dated 24th May) saying that the default notice was served in August 2011 and taken effect 14 days later so that is when the 6 year period started.

 

 

They admit that the last payment to the account was on 11th April 2011.

 

 

They say that rules in Chapter 7 of FCA Consumer Credit Source Book do not apply and there is no contravention.

 

I need some advice on how legitimate their claims are and what I should do next.

I do not have any copies of original paperwork and Lowell have not provided any evidence thus far.

 

 

They have also issued (on 21 May) a Directions Questionnaire which they say they have lodged with the court saying they wish for the matter to now be lodged with the small claims mediation service.

I have not responded to this or their letter of 24th.

 

Any guidance greatly appreciated.

I'm relatively savvy in these matters but this is a new one for me!

 

Thanks

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Hello and welcome to CAG.

 

Is this a blue N1 form that you received please? If it is, we'll probably move you to the Financial Legal forum for further advice.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Thank you both for the prompt reply and welcome. I am 100% sure no payment was made after April 2011. And the claim form was a N1SDT (04. 14).

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its statute barred and the default means nowt

 

 

ignore then until/unless the court write to you.

 

 

dx


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Come back when you receive your Directions Questionnaire .

 

Andy


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Thanks Dx and Andy. I will return if I hear from the court. Many thanks again.

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Good Morning,

 

I have received my directions questionnaire from the court. I have to complete and file by 21st June.

 

Look forward to any guidance you can offer in completing this.

 

Many thanks

TP

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no to mediation

the rest is obv


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

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D1 name your local county court...and D3 is 1 yourself...complete 3 copies and serve the court/ claimants sol and retain 1 for your file

 

Andy


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Good morning,

 

I submitted my Directions Questionnaire last week, and this morning received a 'Notice of Transfer of Proceedings' from the court, to say the claim has been referred to my local court, and I can expect a notice of allocation.

 

It says to await the Judge's directions.

 

Feeling pretty nervous about this... what do I need to do at this stage if anything?

 

Thanks again for all support

 

TP

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await the judges instructions, no doubt both parties to supply each others documents etc etc


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

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Notice of Allocation next...read the whole letter...as some just read the first part with regards to mediation and dont look at the directions in event that mediation fails or does not happen and then panic because they have not followed the directions by the dates instructed.....this will involve standard disclosure of your documents and submitting a witness statement..which cant be rushed last min and requires time in drafting it.

 

Regards

 

Andy


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Hello and thanks to everyone that has helped me so far with this case.

 

 

I have, since my last post, received the Notice of Transfer of Proceedings to my local County Court Hearing Centre, and on 29th June I received the General Form of Judgement or Order, which outlined the documents/evidence that needed to by supplied by Lowells before 27th July. I have today received a copy of their evidence.

 

It includes:

 

Witness Statement by Damian Harrison Paralegal, it confirms that my last payment of £1 was made to Vanquis on 8th April 2011.

It then goes on to refer to my account being defaulted on 31st August 2011.

Legal assignment of my case on 23rd Feb 2012 (pursuant to Section 136 of the Law of Property Act 1925 from Vanquis to me).

Says notice of assignment sent to me on 24th February 2014 and legal proceedings issued on 3rd May and served on 8th May.

 

Enclosed is a copy of my original credit agreement with vanquis signed on 29th April 2008,

my statement history, showing a final charge off on 3rd June 2015.

 

 

Also enclosed a copy of notice of default TEMPLATE (no evidence of anything sent to me)

and a notice of assignment of debt letter from Vanquis dated 27th Feb 2014 saying handed over to Lowell Portfolio.

 

I'd be very interested to hear thoughts from others as to what to expect next and what thoughts are regarding Lowells case so far.

To me the huge hole in their evidence is lack of the original default notice served to me

- given that this seems to be the mainstay of their claim against me.

 

Thanks again

TP

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If you could scan in their WS and Exhibits (redacted) and upload so we can see it .....verbatim twopennies

 

Andy


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Lowell Evidence attached as promised.

 

Thanks again

TP

lowell WS.pdf

Edited by dx100uk
42MB file reduced to 2MB - dx

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rather sparse ws and even if its not SB's the balance looks mostly PPI or charges


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

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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The last purchase I made on the card was 16.03.2009

- and the last decent payment was 18.03.2009.

 

 

After advice I started paying £1 per month each to my debtors

- but stopped that when I had to leave my house.

So yes majority of balance is charges.

 

Also it seems to me that this case is about proving when the statute barred period started, and their own admission is that it started 14 days after the issue of the default notice, which they have failed to provide.

 

 

That means we have to fall back on my last payment date as the start of the SB period which means their court action was too late.

 

 

Also I cannot find in the Vanquis T&Cs anything that relates to a default period?

 

Just a few thoughts.

Thanks again

TP

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That DN isn't right in my view... It's a template and does nothing to state the correct balance outstanding...

 

However i am not sure that will kill the case...

Andy I'm sure will be in shortly x

 

States in the witness statement its a template Default Notice :-)

 

Strange that a payment of £1 should be made after 3 years and possibly longer as the statement only starts from 24/02/09 ?

 

I assume further directions will be issued after the hearing of 10th August 2017 TP ? or have you been invited to submit a witness statement in response ?


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Thanks for the reply Andy.

There was another page on the statement that I didn't include in the PDF simply because it didn't seem to include anything of note

- just normal purchases and payments.

 

 

I last made a 'proper' payment on 30.04.2009 of £90

- thereafter no payments due to my dire financial situation.

 

 

However in an effort to manage my debts and on advice I sent £1 postal order a month to each debtor as I was told this would keep them at bay,

I started to make those payments in February 2011,

the last once recorded on the account on 08.04.2011.

This was last contact I was to have with Vanquis.

I never contacted Lowells or acknowledged any of their correspondence.

 

I have not been asked to submit anything by the court.

The letter says that the district judge will list for a hearing after 10th Aug if necessary.

I haven't been told there is a hearing on 10th.

 

Do I just have to wait now until I hear what Judge decides?

 

Thanks again

TP

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Are you sure you dont have to submit your documents and witness statement by the same date? 27th July ?

 

Normal procedure is to exchange simultaneously


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

 

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Hi again Andy,

 

Thanks for your time. I looked back through every piece of paper I have received I have nothing that has asked me to submit evidence or a statement. Should I double check with the court?

 

Thanks

TP

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