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macker16

Lowell claimform - old vanquis card debt - opps used CPR 18 - help theyve complied!!

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The advice i require is regarding Lowell Solictors for a Vanquis debt for £3000.

 

After receiving the County Court paperwork i acknowledged the claim with the intention to defend and submitted a CCA request and CPR18 request on the 4 July 2017.

I did not receive any of the information from the CPR18 request and the claim was then put forward for mediation but didn't progress any further due to me not having the information that i requested from Lowell.

 

I then didn't hear anything from the courts until a few weeks ago when i then got a copy of a letter from my local court that they sent to Lowells requesting the information on the CPR18 and to provide it within 21 days or the claim will be struck out.

 

To my horror Lowells have provided the courts with this information i have now got a letter from the court saying the following:

 

It is ordered that

1. Unless by 4pm on 21 November 2017 the defendant is to send to the claimant and this court setting out an amended defence (if so advised) the court will consider the papers and may strike out the current defence and permit the claimant to seek judgement in default,

 

2. Pursuant to CPR3.3(5) this order has been made without a hearing being held.

If you object to the order, you may make an application (with the appropriate fee) to have it set aside, varied or stayed within 7 days of receiving it.

 

What does all this mean?

Does it mean that the CCJ as good as stamped on my credit file?

 

Any advice you can give would be much appreciated.

 

Many thanks in advance

 

Macker16

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Macker, i will ask the site team to move this to the financial legal part of the site.

 

You are going to have to provide a lot of information, so you can provide an amended defence. If you can work with the guys on this site that deal with these issues, then you might avoid getting a CCJ.

 

Part 18 was probably wrong. Should have been a CPR 31:14 letter to ask for any documents Lowell stated.

 

I will add a link shortly to info you need to read and what info we need. You need to copy/paste over the questions in post#1 and answer these.

 

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


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Appreciate you are already some way down the line with this but it will help if we can have more details

 

Could you go here https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp and copy and paste here filling out out the necessary details for your case. People will then have more information about the Particulars Of Claim, the age of the debt, last payment etc

 

Agree this should have been a CPR 31.14 request so that Lowell were obligated to provide all of the documents referred to in the PoC

 

Do not take it for granted that Lowlifes have actually supplied everything required to get this past a Court - they may have actually supplied very little but enough to convince a Judge that they have complied. Have yo0u actually had sight of what has been provided to the Court?

 

Did they supply a CCA in response to your request?

 

What was the wording of your defence? It would help those with the best knowledge enormously to be able to get a full picture ASAP rather than have to keep asking for more details


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pop all of lowells return into ONE multipage PDF please

read UPLOAD

 

and no its not given that the CCJ is granted

very much far from it!

 

once we have their return

that questionnaire done

and a copy of your already lodged defence we will have all we need to best advise.


..

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How did the court get hold of the CPR 18 ?

 

Andy


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Hi

 

Firstly thank you to everyone that has taken the time to read my post and apologies for the delay in responding, the stress of it all triggered a migraine. Looks like i was wrongly advised about using a CPR18!

 

I have scanned in all the documents into 1 PDF but have had to copy and paste my defence as i dont have it saved anywhere because i uploaded online.

 

*CCA Request

*Vanquis explanation for electronic application signature

*Notice of default from Vanquis

*Digital signature Application details

*Notice of assignment from Lowells

 

Lowells also sent a statement of all transactions on my account from start to finish. The last payment on the account was on the 30 September 2015.

 

 

CASE SUMMARY

 

1.I am the Defendant in this case.

 

2. On the 12 June 2107 the Claimant submitted a claim to

Northampton County Court stating their particulars of claim.

 

3. I returned the Acknowledgement of Service on 20 June 2017

stating that I intend to defend the claim.

 

4. The Defendant sent out a CPR18 request letter on 4 July 2017

by recorded delivery (tracking number BH540178711GB), asking for

the following documents to be produced in court:

 

• The deed of assignment

• The notice of assignment

• The default warning letter

• The default notice

• Termination Notice

 

5. On the 4 July the Defendant issued a CCA request to Lowell

Portfolio I Ltd for a copy of the original signed credit

agreement.

6. The Defendant denies monies are owed to the Claimant as

alleged in the Particulars of Claim and does not recognise the

assertion that any debt has been Legally Assigned to the Claimant

and as such the Claimant is put to the strictest of proof and

providing all documents that were requested.

 

7. To date the claimant has only been able to provide the

defendant with what they are saying is the Notice of Assignment.

I do not believe this to be the original copy of the Notice of

Assignment as it is not on any headed paper.

 

8. The Claimant has given no good reason at all to the Defendant

for this failure to comply with the Defendant’s legal rights of

entitlement to inspect the document that the Claimant’s claim is

to rely on.

9. The conduct of the Claimant is denying the Defendant the

right to submit a full defence. Therefore I feel I cannot plead

to the claim at present because the Claimant is being

uncooperative and has not supplied sufficient evidence to back up

their claim.

 

10 Also, in my defence, I am not a Solicitor and after having

read the Particular of Claim I cannot see any legislation has

been quoted in support of the Claimants claim against me, which

leaves me unsure under which Statutory Instrument this Claim has

been brought. Therefore, again to be able to properly defend this

claim I would request full details of the actual legislation the

Claimant believes gives them a right to make this claim, as

surely no claim can succeed without this being quoted in the

Particulars of Claim.

 

Statement of Truth I believe the facts stated within this Defence

to be true comprising of 2 pages.

 

Dated this day July of year 2017

 

i got into financial difficulty with the account after having a relationship breakup and then struggling to support 2 children on 1 wage, i did make contact with Vanquis to arrange a payment plan but then failed to keep up with that when i then became unwell with depression which ended up with me burying my head in the sand.

 

Thank you in advance for any advice that you can give and fingers crossed that i still have something to go back to the courts with.

 

Kind regards

Macker16

docs1 .pdf

Edited by dx100uk
document properly redacted - dx

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documents properly redacted

what did we say in the upload guide about using a pen?

we can see thru it!:lol:


..

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So basically you made an application to enforce the CPR 18 hoping that they couldn't comply...and they have.....?

 

Andy


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I now know the CPR18 was the wrong document to use, with the info they have provided is this now the end?

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Well submitting an application to enforce a CPR 18 is very risky and restricts your options in defending a claim...you shorten the normal process.

 

You will have to scan redact and upload what they have disclosed along with the court paperwork in connection to CPR 18 Order.

 

Andy


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Hi

 

I have now uploaded the evidence again with personal info covered

also attached at the information i received after sending the CPR18.

 

Lowells sent the Directions Questionairre directly to me and opted for mediation but and when i received my directions questionnaire

i also acted on the information given and selected mediation.

 

However, when i received the paperwork from mediation i was unable to proceed with it as i said i did not have all the evidence that i had asked for from the claimant and so they said it would have to be referred to my local court.

 

I then heard nothing for quite a few weeks,

i got a letter from my local court asking for evidence from the claimant (also in the PDF) to be provided by the 4 October.

 

Any help would be much appreciated,

 

i've never dealt with anything like this before and haven't got a clue what i am doing which you have probably worked out for yourselves.

 

I now realise i should have come on here to start with but too late for that now,

 

i just hoping the experienced people on the forum and see something that Lowells have missed that i can't see and that i do have some sort of defence.

 

Thank you in advance

 

Macker16

docs2.pdf

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Did you make application under CPR 18 at the same time you submitted your DQ ?


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Did you make application under CPR 18 at the same time you submitted your DQ ?

 

I sent the cpr18 after acknowkedging the claim and then submitting my defence. Lowells then sent the DQ and the court then sent one to me. So the cpr18 went in first.

 

Macker16

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Could you please upload a copy of the Order dated 4th October for tomorrow and I will get back to you.

 

Regards

 

Andy


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Hi

 

I think i'm getting a bit confused, i have uploaded a copy of the order that relates to Lowells providing the documentation by the 4 October and the previous court order that says it had to be provided by the 4 October is the last document on the attachments last night.

 

Just want to say thank you to the people that have taken the time to read through the mess that i have got myself into.

 

Macker16

4th order.pdf

Edited by dx100uk
ref number removed - dx

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Hi

 

I think i'm getting a bit confused, i have uploaded a copy of the order that relates to Lowells providing the documentation by the 4 October and the previous court order that says it had to be provided by the 4 October is the last document on the attachments last night.

 

Just want to say thank you to the people that have taken the time to read through the mess that i have got myself into.

 

Macker16

 

No thats the Order dated 20th October to you the defendant...the Order dated 4th October will be to the claimant....which the court should have served you a copy.


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Hi

 

I have now attached the court order that i received a copy of dated 4 October, i hope this is the one that you are referring to as i have not received any others.

 

Macker6

4th order.pdf

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you keep leaving ref numbers on things

PLEASE redact things PROPERLY!!

every upload so far you've done it.

sorting this one now too


..

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I'm sorry and thank you

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Hi

 

I have now attached the court order that i received a copy of dated 4 October, i hope this is the one that you are referring to as i have not received any others.

 

Macker6

 

Thank you ....if not already can we have their particulars of claim (verbatim)...then we will be in a position to advise on an amended defence.

 

Regards

 

Andy


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Hi

 

I've uploaded all the documents that i have had from Lowells and the court, is this something that i should have received and haven't?

Would it of been on the first claim form from Northampton county court when i had to acknowledge it?

 

Many thanks

 

Macker16

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Hi

 

I've uploaded all the documents that i have had from Lowells and the court, is this something that i should have received and haven't? Would it of been on the first claim form from Northampton county coutt when i had to acknowledge it?

 

Many thanks

 

Macker16

 

Yes from the N1 court claim


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Ok,I'll upload that this evening.

 

I'm really worried that I'm running out of time as my defence has to be in my 4pm on Monday.

 

Do the courts give an extention or are they strict to the date and time?

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