Lowell claim form - Vanquis CC statute barred!!

[steve806]

Hi All

 

submitted SAR for Vanquis CC debt on 19th July 2017.

 

Have received a reply dated 2nd August 2017.

 

It says receipt of my letter confirmed and apologies for delay in response.

 

Letter then states

'A request has been sent to the original creditor for a copy of the agreement and statement of account. These will be forwarded upon receipt.'

 

Further advises

'The above details relate to an account opened in September 2007.

Last payment was made to the original creditor on 26th August 2011.

Please see below for a list of transactions.'

 

There then follows a list of shops names with transaction 1, transaction 2 etc typed next to them. No monetary amounts just shop names.

 

Letter ends with statement

'We have suspended action on the account to allow for the original creditor to provide us with the requested information.

If you wish to speak to a member of our staff please call etc etc.'

 

Can anyone advise:

 

1. Will Vanquis provide the information?

2. What if anything should I do now?

 

Any help greatly apprfeciated.

 

cheers

 

Steve

[dx100uk]

Did you send a CCA request to Lowell's

Or an sar to vanquis

[steve806]

sorry. my mistake - CCA Request to lowells

[dx100uk]

Well if they don't comply with the signed agreement soon it will be statute barred

[steve806]

Well incredibly I have received a parcel from Lowell this morning. It contains:

 

1. A letter from Vanquis quoting the Electronics Communication Act 2000 stating that I have entered into an agreement online and that my signature is therefore not required.

 

2. Pages of Digital Signature Application Details

 

3. Pages of transactions on the account.

 

4. A letter from Lowells stating I have 14 days to contact them and agree a payment or arrangement or 'we may apply to enter a CCJ'.

 

The last payment made to Vanquis was on 26/8/2011. Is the debt statute barred?

 

What if anything should I do at this time?

[dx100uk]

yes

 

ignore them unless you get a claimform.

[steve806]

Received a Letter of Claim today.

 

Opening paragraph states:

 

As you are aware we act for Lowell Portfolio 1 Ltd and we write to inform you of its intention to issue proceedings against you in the county court for failing to pay an outstanding sum owed to it.

 

The second paragraph begins - This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct and Protocols etc etc.

 

The paragraph ends with - Ignoring this letter may lead to our client commencing proceedings against you and may increase your liability for costs.

 

Letter proceeds to detail particulars of debt advising when debt was assigned and providing a statement from that date to now.

 

letter finishes by saying - Please note that if we do not receive payment or other response from you within 30 days, we are instructed to issue a claim without further reference to you together with interest and costs estimated below.

 

 

Do I continue to ignore?

[Guest]

seems a proper pap, did you get the 'form' which needs doing (not the I+E).

see here https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[steve806]

they enclosed

 

information sheet

reply form

financial statement

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

see post 6 of the above thread

download the attachment

 

tick box D

because ..the debt is statute barred

 

tick box H

enclosed .. [download our statute barred letter from the debt collection section of the library]

 

nothing else!!

 

print your name DO NOT SIGN THE FORM

[steve806]

Just received a response from Lowell.

 

they state:

 

"S5 states that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

The account was taken out on September 2007 and went in to default in April 2012 as a result of non payment. it was at this time the initial 6 year limitation commenced as this was the initial cause of action. This would allow till April 2018 so the debt is not statute barred."

 

The last payment made on the account was 26th August 2011 and previous advice on this thread said that meant the statute barred date was August 2017.

 

I am now a bit confused. Can someone advise which is correct and give some advice on next steps please?

[Guest]

the opinion is cause is from the breach of contract, which re a credit card wld usually be around a month or two after the last payment.

but, these claimants say the dn or default date when whichever suits them in the circumstances. and unfortunately some district judges have gone with that.

it seems to be a matter in issue for the courts atm.

[steve806]

Don't know if its is relevant but Vanquis statement shows they began charging me the following with effect from June 2011:

 

OVER LIMIT CHARGE DEFAULT FEE PLAN INT FREE

LATE PAYMENT CHARGE DEFAULT PLAN INT FREE

BILLED FINANCE CHARGES DEFAULT INTEREST

BILLED FINANCE CHARGES PURCHASE INTEREST

 

these charges were applied for 6 months with the last charges in January 2012. I made a payment in June, july and August but nothing since then.

 

I wondered:

 

1. Does the fact I was getting 'default charges' from 2011 have any bearing?

2. Why do the charges stop in January 2012 but according to Lowell the default wasn't until April 2012?

 

Also, There are ROP fees on the account from October 2007 until March 2011. Can these be reclaimed?

 

Again, any advice on what to do next welcomed

[dx100uk]

1. yes reclaim them.

2. cause that's when they prepared to sell the debt

 

3.yes

 

cause of action is the 1st missed payment else the rest wouldnt count would they..think about.

[steve806]

are you saying I can reclaim all the default charges?

they total more than 25% of the outstanding debt.

How would I go about that?

 

How do I reclaim ROP charges?

 

Sorry if being thick but can I claim charges back from vanquis when they have sold the debt?

 

Is my next action to write back to lowell and dispute the cause of action date based on the view

1st missed payment is the initial cause of action

stating i will defend in court on that basis or do i wait until Lowell issue a court claim?

[dx100uk]

same as the old bank charges days yes

https://www.consumeractiongroup.co.uk/forum/showthread.php?480969-Capquest-Shop-Direct-Agreement&p=5087999#post5087999

 

ROP=PPI.

[steve806]

As Lowells claim the cause of action date is April 2012 when they say the card defaulted

but kind advice given on this site suggests the cause of action date is August 2017 when the last payment is made we seem to be at an impasse.

 

Lowells have said they will give me until 2nd February to contact them or they may proceed with court action so what should I do know?

[dx100uk]

ignore lowells stupid time limits

 

its statute barred end of

[steve806]

Today I received a Claim Form from the County Court Business Centre.

 

Particulars of Claim

 

Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference **************

 

Defendant failed to maintain the required payments and arrears began to accrue

 

The agreement was later assigned to the claimant on 15/2/2013 and notice given to the defendant

 

Despite repeated requests for payment the sum of ***** remains due and outstanding.

 

Note: they have changed the date of assignment to 2013 from all previous correspondence which stated 2012 and the SAR response which stated same.

 

Any advice on my next steps greatly appreciated

[dx100uk]

Moved to legals

Please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[steve806]

Thank you for the advice. I will follow as requested.

 

May I ask, does the fact that the claimant has put the wrong date for assignment of debt have any effect on their claim?

[dx100uk]

not really..but doesn't matter

tis SB's our SB defence will kill it dead

get that link sorted

[steve806]

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 21st February 2018

 

What is the claim for –

 

1. The claimant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference *************** (*The Agreement')

 

2. The defendant failed to to maintain the required payments and arrears began to accrue.

 

3. The Agreement was later assigned to the claimant on 15/2/2013 and notice given to the defendant

 

4. Despite repeated requests for payment, the sum of £4000 remains due and outstanding.

 

And the claimant claims

a) the said sum of £4000

b)interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.900, but limited to one year, being £300

c) Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Yes - at this point I challenged debt as statute barred based on last payment date. Claimant response detailed in thread

What is the value of the claim? £4500

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Mid 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?

Aware account has been assigned through chasing letters but cannot recall if received Notice of Assignment

 

Did you receive a Default Notice from the original creditor? Don't remember

 

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

 

Why did you cease payments? Financial difficulties, Loss of job, marriage breakdown, evicted from rental property

 

What was the date of your last payment? 26/8/2011 Lowell state CoA April 2012

 

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? Discussed financial problems with Vanquis in response to letters chasing lack of payment. Vanquis were not helpful.

[dx100uk]

don't do this until andyorch gives the ok

but going by the above thread to date

lowells are relying upon the late registering of the dn to gauge SB date,

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start 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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

......

 

part two

pop up on mcol and register this defence:

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

 

 

Defence

 

1 The Claimant's claim was issued on 21st February 2018.

 

2.The date last payment made was the 26th August 2011

 

3.The Default Noticed was issued April 2012 and served eight months after the initial breach thus the cause of action delayed by 8 months and the Limitations period prolonged to 6 years and 8 months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

5.The Claimant's claim to be entitled to payment of £(Insert total amount on claim form) or any other sum, or relief of any kind is denied.

 

...........

Edited February 25, 2018 by Andyorch
dates added

[AndyOrch]

Yes go ahead and submit the above....I have inserted the dates for you

 

Regards

 

Andy