Lowell/BW Claimform - old Vanquis card debt

[ctctct]

Hi I'm hoping for a bit of help. I received a court claim from BW Legal on behalf of Lowell who have bought an old debt from Vanquis.

 

I foolishly misread some information and in attempting to acknowledge service on MCOL entered a defence.

 

That said I have issued a CCA request and a CPR 31.14 request for the credit agreement, default notice, deed of assignment and terms of the agreement which were all referenced on the claim form.

 

None of the above have been received and we are now well past the deadlines. I've received the directions questionaire and agreed to mediation, at the same time requested the above in advance to enable me to prepare.

 

Since then I've received an offer from BW legal of a 20% discount valid for 14 days on the balance of circa £2000 but still no documents just a statement of account with all of my transactions.

 

I've today received the mediation questionnaire from the court which asks me to confirm that I require no further documentation otherwise mediation is unsuitable.

 

My questions I guess are whether my mistake with the defence means that my CCA and CPR requests don't need to be complied with? Also whether I should proceed with mediation if only to say I'm still without the documentation to review the claim? Or should I be doing something else entirely?

 

Any advice would be much appreciated.

[unclebulgaria67]

See this link. https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

In post #1 of the link, there are questions. Can you copy/paste these across to your thread here and provide the answers. We then have all information about the claim you are dealing with.

 

You will have to tell the mediation company that you can't proceed, without the claimant providing the documents stated in their claim.

[dx100uk]

for now you agree to mediation

1 wit you

state you local court

the rest is obv

 

 

can you get that above link done please

 

and what defence did you file please too

[ctctct]

Name of the Claimant ? Lowell Portfolio

 

Date of issue – 31/7/17

 

Date to submit defence = 1/9/17

 

What is the claim for –

 

1.The claimants claim is for the sum of £1498 being monies due from the defendent to the claimant under a store cards, credit cards agreement regulated by the consumer credit act 1974 between the defendant and vanquis bank plc under account reference xx and assigned to the claimant on 4/9/14. Notice of which was 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% per annum (a daily rate of £0.33 from the date of assignment of the agreement to 4/9/15 being an amount of £120

 

What is the value of the claim? £1803

 

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? 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. Debt purchaser

 

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

 

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so

 

Why did you cease payments? Financial Difficulties

 

What was the date of your last payment? 23/2/13

 

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

 

I believe I made a one character entry in the defence box as the form wouldn't submit

- Obviously I should have realised at this point I'd clicked the wrong option and started over - stupid mistake I know

[dx100uk]

so actual defence is not due till the 29

why don't you ring northants bulk and ask if you can file your defence by email

tell them the website crashed or something.

 

 

dx

[ctctct]

Sorry that was a typo (trying to reply on my phone) 2/9 was my defence date.

Claim date was 31/7 I picked up the allocation of track letter by mistake

[AndyOrch]

" I've received the directions questionnaire and agreed to Mediation, at the same time requested the above in advance to enable me to prepare."

So you have already completed and submitted the DQ N180 ...have you received a Notice of Allocation yet? (N157)

 

 

Andy

[ctctct]

Yes DQN180 has gone, i had a notice of proposed allocation to the small claims track but as yet that hasn’t been confirmed. I’m assuming they’re awaiting the outcome of the mediation call

[AndyOrch]

Yes DQN180 has gone, i had a notice of proposed allocation to the small claims track but as yet that hasn’t been confirmed. I’m assuming they’re awaiting the outcome of the mediation call

 

Possibly...once mediation fails...and it probably will..... your next actions will be to act to the directions contained within the Notice of Allocation...you must submit your evidence (all documents to be disclosed which you will rely on ) and to draft and submit a witness statement by the dates stated within the N157.

 

Andy

[ctctct]

So do I enter into mediation despite not having the information I’ve requested? If I do is that not admitting a degree of liability?

 

Also we’re this to run to court will ignoring my CCA and CPR requests not be a negative against them? Can I go down the route of an unless order yet? I’m conscious the longer it drags on the more time they have to find these documents.

 

Thanks

[dx100uk]

no need to use unless order if they even still exist .

 

 

you need to be going and reading lots of other claimform threads

then these questions will be answered by reading around.

 

 

you agree to mediation right thru to the actual phonecall

THEN if they've still not coughed up you say so.