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Lowells 2xPAPLOC now Claimform - Old Vanquis Card debt

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Hi Guys,

i read a fair few threads and saw a lot of similar templates being used.

i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) ,

am i right in that at this stage keep it short?

If thats the case i cant see what i need to add/change about this one

 

1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx

2)   The defendant failed to maintain the required payment, arrears began to accrue

3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant

4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding

And the claimant claims

a)The said sum of £2247.91

b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx

c)Costs

 

Defence:

 

The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

5. 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 and evidence any cause of action and service of a Default Notice or termination notice; and

© 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;

 

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

8. 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 the consumer credit Act 1974.

 

9. 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.

 

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I've inserted their poc

re:your..

1 ..they did send 2 paploc's 

3. neither the agreement nor default is mentioned in their 2.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Ok because i read parapgraph 3 of the PAPDC i thought it referred to another letter that would state they are going to claim ot the PAP itself, my mistake

 

So Remove my 1) and also 3) or re-word it for their paragraph 2? i think i may have kind of answered that in my point 2) already

Edited by patterns

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Just received a letter from lowells sols stating they have note of my aos

 

They have stated they have attached -  Copy of agreement, statement and notice of assignment

 

HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before

 

They state they have requested a copy of my default notice

 

So in light of this shall i still send the same defence? i think it still stands right?

 

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1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx

2)   The defendant failed to maintain the required payment, arrears began to accrue

3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant

4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding

 

And the claimant claims

a)The said sum of £2247.91

b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx

c)Costs

 

Revised defence:

 

The Defendant contends that the particulars of claim vague and are 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.

 

3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

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 and evidence any cause of action and service of a Default Notice or termination notice; and

(c) 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;

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

7. 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 the consumer credit Act 1974.

 

8. 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.

 

 

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HI Guys, any feedback on this please? Presuming its good to submit

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added poc for ref

looks ok to me

let andyorch check it

 

due by friday 4pm

 

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Thanks DX100UK, ok waiting for Andy

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A few edits to the above.......you have not made a response to the following ....or referred to a Default Notice ?

 

2)   The defendant failed to maintain the required payment, arrears began to accrue

 

Did they fully comply with both PAPs ?


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I Just noticed..... Thank you. I didnt refer to the default notice because they didnt but now added a response i saved

 

1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx

2)   The defendant failed to maintain the required payment, arrears began to accrue

3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant

4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding

And the claimant claims

a)The said sum of £2247.91

b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx

c)Costs

 

defence:

 

The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 2. Paragraph 2 is noted. The defendant in the past had financial dealings with Vanquis. The defendant is unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

3. The defendant has not received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. 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 and evidence any cause of action and service of a Default Notice or termination notice; and

(c) 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;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

8. 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 the consumer credit Act 1974.

 

9. 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.

 

 

Edited by patterns

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for my point 3. i could remove 'As the claimants plead in their particulars precise knowledge of the default'? as they havent pleaded this

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2)   The defendant failed to maintain the required payment, arrears began to accrue

 

3. Paragraph 2 is denied.The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue.Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact  and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.

 

 


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WOW! Thanks alot!! i understand what you mean now. I removed point my point 2. as this seems to incorporate it. Think its good to go

 

1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx

2)   The defendant failed to maintain the required payment, arrears began to accrue

3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant

4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding

And the claimant claims

a)The said sum of £2247.91

b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx

c)Costs

 

defence:

 

The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.

3. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

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 and evidence any cause of action and service of a Default Notice or termination notice; and

(c) 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;

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

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

7. 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 the consumer credit Act 1974.

8. 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.

 

 

 

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Not sure why you keep changing your point 1 back to .....

 

1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.

 

Keep it as post #59 add post #66 renumber job done.


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The Defendant contends that the particulars of claim vague and are 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.

 

3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

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 and evidence any cause of action and service of a Default Notice or termination notice; and

(c) 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;

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

7. 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 the consumer credit Act 1974.

 

8. 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.


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Thanks again Andy! Ill submit shortly

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Posted (edited)

Hi Guys, hope you had a nice Christmas and Happy New Year!

 

Got a letter today from lowell its a directions questionaire? Thing is after researching im under the impression the DQ is sent by the court? i havent recieved anything from the court though, i did do it all online but nothing in my online portal either so slightly confused what this means and how to proceed?

 

i found this thread only (post 17) and Andy you state to wait for the court to issue their own so presuming i do just that? Nothing else to prepare or do?

 

 

 

2130484916_ScannableDocumenton8Jan2020at01_09_21.thumb.JPG.42eeae6034ce4c74aeb52a6707125ad7.JPG

Edited by patterns

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images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

…………………...

 

your assumption is correct

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Log into MCOL and check the status of the claim...if the last entry is defence submitted......then you have no concerns.If it states DQs have been dispatched check the date.

Lowell tend to serve their copy on you before they even inform the court  they wish to proceed....in away trying to knee jerk you into panic mode.


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Posted (edited)

Apologies DX100 noted if you want me to upload still i will. and thank you Both

 

Ok so under the claim history the last entry i see is 'Your defence was received on 10/12/2019'

 

On the summary page also states last response as 'defence'

 

Its 28 days from the date of them recieving my defence so im guessing this status will need to change in the next few days if at all otherwise they're too late

 

Ill sit tight and keep checking it

 

Thanks again

Edited by patterns

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:thumb:


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Hi all, Got an N180 Notice of proposed allocation to small claim track with Directions questionnaire. must complete by 2nd feb.

 

Have searched a fair bit. This seems quite relevant

 

my understanding is:

 

A1 mediation = yes seems to be the norm although i dont see the point? the letter states only enter if you have some flexibility, im guessing this means a financial settlement

 

C1 = Yes

 

D1 ill choose a venue closer and the rest of the Q's seem standard stuff. So at this stage lowells could still not respond i believe but im reading up none the less

 

read this and seems it got stayed following another also by puma85

 

it says to serve a copy of this to all parties so is it safe to sign it? or shall i blank out the signature when i serve to 'other parties' apart form the court

 

 

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N180

.........

 

yes to mediation

1 wit you

the rest is obv

 

the N149a only needs to goto the court not Lowell sols

 

one LS's copy of the N180 leave out sig/phone/email

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Ok cheers, Right so the n147a is the actual Notice of proposed allocation to small claims track nothing to fill or sign on that its just 1 page. then i just have the N180 Directions questionaire which has a signature box

 

so ill send both to the court and copy no sig etc to LS

 

Thanks!

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:rockon:


please don't hit Quote...just type we know what we said earlier..

 

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