Lowells 2xPAPLOC now Claimform - Old Vanquis Card debt

[AndyOrch]

Cant you just drop it off at your local county court where the hearing is being held  and email a copy to the claimants sols? You should only have a 1 page statement and possibly 2 exhibits...what bundle are you on about ?

[patterns]

Yes I can drop off I’ll post also so there is atleast some proof of receipt 

 

the bundle outlined in the letter the court sent me above regarding the remote hearing 

it is called a bundle but yes compromises of the Statement and documents

[AndyOrch]

Hardly a bundle then.... 1 x statement 1 x CPR 314 request 1x CCA request  =3 sheets 

[patterns]

Haha indeed! I’ve asked a few friends to test the email, definitely not working 

 

ill go down tomorrow

[patterns]

Sorted! it was the wrong email!

 

Lowells have also paid the court fee

 

Just finalising statement now and will upload

[dx100uk]

so for ref the right one is?

 

dx

[patterns]

[email protected]

 

capitals dont matter but its plural - S was missing i would imagine this must be the case for most of the court emails

[patterns]

Ok ive received Lowells WS etc, its 50+ pages, shall i upload the whole thing?

[Old Cogger]

Lowell's usual pages of dribble no need to post

Judge see it sure they will mad at Lowell's if it got that far

[AndyOrch]

Witness statement should be 2 pages tops and any exhibit they refer to within it 3/4.....would be useful to have on your thread.

 

Andy

[dx100uk]

scan it up to one multipage PDF

don't need for account statements (bar 1 for example) nor the cover sheets of each exhibit

[patterns]

Apologies for the delay it took a while to cut and also get to size,

 

 

claimants_WS.pdf

[patterns]

Hi Guys,

 

about to finalise my WS,

 

one question before i upload

- would an SAR request to Vanquis not include a notice of default and notice of assignment,

should i use these documents from Vanquis in my WS?

it should include all documentation sent prior to the request?

 

The default notice Lowell have uploaded states 2015 and i note no logo like i have with the letter from Vanquis.

 

SAR was way after this and neither acknowledged it,

infact i have a letter from Lowell stating they are awaiting it after my CPR request which was in 2019

 

Vanquis sent an SAR,

but the accompanying letter only states it includes my statements and CCA, with reconstituted terms,

but these terms (i uploaded previously) have more pages than those submitted in the WS of Lowell's (above)

 

Not sure whether this is relevant to use or will go against me somehow

[dx100uk]

what are you indicating here?

 

are you saying that the documents lowell have exhibited in their WS, those being the DN and the agreement T&C's are DIFFERENT from those you got directly from the OC after submitting an SAR to them?

[patterns]

Sorry to clarify:

 

lowells WS includes a DN which i never received, dated 2015.

My SAR to Vanquis was 2017,

my CPR request to Lowell and

2 x PAP was 2019,

none included the DN,

with letters from both outlining what was included in the letter they sent.

So neither have confirmed in writing here is the DN

 

both the Vanquis SAR does not indicate any inclusion of this in their letter.

Also lowells reply to my CPR states it is awaiting a copy of it from the OC

 

I would have thought a SAR from the OC would include all documents at the time of request,

if my req was 2017 and this supposed DN letter Lowell's attached is 2015,

should it have not been included,

and mentioned in the letter from vanquis?

 

In short Vanquis letter states 'here is your agreement and T & C's'

- Lowell letter states

'here is your statement, agreement and notice of assignment, we are awaiting DN'

 

The t & C's Lowell submitted are in part what Vanquis sent me, and also what lowells originally sent me, BUT some pages are missing from the WS T & C's of which both sent prior

 

im basing the weight of my WS on:

- not receiving a correct CCA, terms reconstituted

- no DN

 

Would it just be easier if i upload my WS as it is and i can remove what you think isn't right?

[dx100uk]

there is no requirement for the OC to keep a copy of the DN

however, they should hold record that one WAS sent.

this will must be noted in the comms/account log, i'e the log of where they state what actions they took and interactions they had with you.

look there at the date of lowells supposed copy date of the DN they supplied to see if it shows.

 

as for the T&C's disclosed by lowells ideally they should be the same as you have attained from the OC directly.

 

NOA can be sent by the debt buyer using the OC's letterhead and will not be contained within an SAR return from an OC.

 

 

[patterns]

HI Guys, i think ive finalised it now

 

I have put my defence and statement together, not sure i should do them separately or if it matters

I have uploaded as PDF but can paste into the thread if easier

i havent uploaded the exhibits but i can if required upload the entire bundle

i wasnt going to add any other pages so not sure if i need to include as much as they did like their WS, their exhibits, original claim and forms etc

 

My bundle content was going to be:

- defence

- WS

- exhibits

 

Grateful yet again for the support and cannot wait for this to be over

 

MY WS LOWELL VANQUIS.pdf

[AndyOrch]

Why have you included a copy of your defence ?  The court and claimant already have this .

 

Andy

[patterns]

I noticed another couple of WS had them but also the court letter states to include everything as they may not have access on the day

 

'the hearing bundle should in as much as is essential to assist the court with the remote hearing of the matter (in circumstances where the judge is unlikely to have access to the court file) contain such documents as follows as may be relevant, appropriate and applicable to the type of hearing in question:

- the statements of case (claim form, particulars of claim, defence and counterclaim and any reply and defence to any counterclaim

- any directions questionnaires and proposed directions

- any case summary and chronology

- any previous orders that are relevant to the remote hearing

- any other essential documents and witness statements that the court will require to determine the issues that fall for determinatioon at the remote hearing

- A draft order '

 

This is why I was confused as to what to include, whether it needs to be indexed etc

Edited October 9, 2020 by patterns

[AndyOrch]

Then include it...but separate...not as part of the witness statement.

[patterns]

Ok amended

My bundle will include:

 

My Defence

My WS including case summary

Exhibits

 

Do i need to include any other documents or an index page as a similar layout to lowells? Im presuming i can simply refer to the exhibits they supplied as opposed to include them in my bundle seeing as im addressing their points in WS also? i have my own exhibits ofcourse

 

Im not sure if i need to include all the claim forms, directions questionaire etc etc or again because lowell have if that is relevant for the bundle?

 

MY WS LOWELL VANQUIS.pdf

[AndyOrch]

Afraid not...you cant refer to the claimants exhibits within your statement....this is your standard disclosure and statement...if you make reference to a document you must finish the paragraph with see exhibit 1/2/3/ etc etc then attach a an index with all the exhibits numbered and named and then attach all the exhibits to the index sheet......simples.

 

Andy

[patterns]

Right got you! Thank you

 

attached is revised WS with redacted full bundle, thought this might help others too

 

the only things i have removed are the court claim forms and exhibit A9 statements/agreement

 

 

MY FINAL BUNDLE COMPLETE_compressed copy.pdf

[patterns]

hi guys, any thoughts on the WS and bundle?  i should probably submit today so not to leave it to the 11th hour

[AndyOrch]