Lowell/BW Claimform- Vanquis Card - poss SBd***Claim Dismissed***

[Martyn1984]

What do I do once I receive these papers?

 

Never had to make a defence or fill in any court papers before.

 

Hopefully they’ll arrive tomorrow as our post has been today.

[dx100uk]

easy sorted don't panic

 

plenty of like threads here to read

[Martyn1984]

Just an after thought this evening, is all this defending done by post?

 

Do you need to actually go to a court hearing? My wife would struggle with that and find that very stressful.

 

Thanks.

[dx100uk]

eventually that might happen.

 

but as this is SB'd that s a very remote possibility.

 

and its not like court you see on tv either!!

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=lowell+vanquis+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=lowell%20vanquis%20claimform&gsc.page=1

[brassnecked]

You can defend online via MCOL, the SB defence will kill BW legal's pig quite nicely.

[Martyn1984]

Hi all,

 

I hope I've done this right. Today received the court papers and afater looking about on the site I've filled in the information as I think you require.

 

Do I still send CPR 31.14 with BW Legal not responding to my PAP letter or does this still need sending?

 

I honeslty have no idea how you write a defence after reading quite a few posts, I feel very lost with this.

 

Many thanks

 

------------------

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 6th March 2018

 

 

What is the claim for -

The Claimant’s Claim is for the sum of £1931.14 being monies due from the Defendant 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 *** and assigned to the Claimant on 31/05/2013 notice of which has been given to the Defendant.

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.

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.42 from the date of the assignment of the agreement to 31/05/2014 being an amount of £153.72

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES – I returned the PAP to BW Legal within their timescale and it was signed for on 19th Feburary. NO reply has been received to date. I also CCA’d Lowell at the same time, again NO reply but signed for.

 

What is the value of the claim? £2269.86

 

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? Death of parent resulting in loss of job

 

What was the date of your last payment? 28th Feburary 2012 – Date given by Vanquis

 

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? Unsure

 

 

[dx100uk]

what did you send with the pap form a CCA request to the claimant?

 

dx

[Martyn1984]

I sent the completed PAP to BW Legal and I sent a CCA request to Lowell...

 

Is that right or should all documents of been sent to BW Legal?

 

Thanks

[dx100uk]

you.ve done perfect!!

 

do what bits of this you haven't done already

 

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.

[Vauban]

Are you sure this is statute barred? If the last payment was the end of February, then presumably you missed the following month's payment? Isn't that the moment that the SB clock starts (from the moment a cause for legal action is created)?

[AndyOrch]

Are you sure this is statute barred? If the last payment was the end of February, then presumably you missed the following month's payment? Isn't that the moment that the SB clock starts (from the moment a cause for legal action is created)?

 

 

 

" The debt is for Vanquis Bank (Credit Card) and was defaulted on 31/10/2012 - no payments have been made since before this date and its approaching being statute barred "

[Vauban]

Sorry but I don't understand what the OP means by saying no payments were made "since before it was defaulted in Oct 2012": I assume he means since. The last payment was made at the end of Feb 2012 - so assuming payments were up to date at that point then the SB clock only starts when the first payment is missed, no? Or have I got this wrong?

[AndyOrch]

First contractual payment missed was Nov 2012

[dx100uk]

What was the date of your last payment? 28th Feburary 2012 – Date given by Vanquis

Date of issue – 6th March 2018

 

 

SB'd is SB'd!!

 

 

what date did you return the PAP form please?

 

 

[Martyn1984]

Have been on MCOL and followed advice for AOS.

 

Amended and printed CPR 31.14 - will get that sent tomorrow signed for

 

Already previously sent CCA.

 

------

 

I sent the PAP on 16th Feb and it was signed for on 19th Feb.

 

------

 

What am I to do now regarding a defence?

 

Many thanks for all your help.

[Vauban]

First contractual payment missed was Nov 2012

 

How so, if the last payment made was Feb 2012?

 

CAG guidance says a debt is SB "where no payment or acknowledgment of liability has been made for 6 years from when payment was due and not made." So when was the payment due and not made? Not 28 February, as the payment was made.

 

Am I missing something obvious? Apologies if I'm being dumb.

[AndyOrch]

Different dates being offered...I only copied what Martyn1984 posted on another post....perhaps he can confirm ?

 

" The debt is for Vanquis Bank (Credit Card) and was defaulted on 31/10/2012 - no payments have been made since before this date and its approaching being statute barred "

 

What was the date of your last payment? 28th Feburary 2012 – Date given by Vanquis

[dx100uk]

I sent the PAP on 16th Feb and it was signed for on 19th Feb.

 

.

 

opps so they've issued a claimform within the 30 days they must give you following you return!

and ofcourse they've done this [the claimform ] so as NOT to miss the SB date but failed! just!

[Martyn1984]

Different dates being offered...I only copied what Martyn1984 posted on another post....perhaps he can confirm ?

 

" The debt is for Vanquis Bank (Credit Card) and was defaulted on 31/10/2012 - no payments have been made since before this date and its approaching being statute barred "

 

What was the date of your last payment? 28th Feburary 2012 – Date given by Vanquis

 

My first post with date was going from information on credit reference agency regarding the default date and the fact I knew nothing had been paid.

 

I didn’t get exact date until I had guidance from this forum to ring vanquis to find out.

[Vauban]

So when would you have missed your first payment? End of March 2012?

[Martyn1984]

If last payment was 28th Feb then yes it wouldn’t of been paid end of March. The payment was only for £10 so it couldn’t of been a minimum payment on a balance of £1600+ Possibly just a token payment trying to show willing in difficult times.

 

So is it or is it not SB then?

 

They also didn’t reply to the PAP letter asking for more information.

[dx100uk]

How so, if the last payment made was Feb 2012?

 

CAG guidance says a debt is SB "where no payment or acknowledgment of liability has been made for 6 years from when payment was due and not made." So when was the payment due and not made? Not 28 February, as the payment was made.

 

Am I missing something obvious? Apologies if I'm being dumb.

 

yes you are

cause of action [allows the creditor to default etc etc ] has nothing to do with statute barred date and never has

[AndyOrch]

If last payment was 28th Feb then yes it wouldn’t of been paid end of March. The payment was only for £10 so it couldn’t of been a minimum payment on a balance of £1600+ Possibly just a token payment trying to show willing in difficult times.

 

So is it or is it not SB then?

 

They also didn’t reply to the PAP letter asking for more information.

 

And the claim was issued March 18 so therefore its 6 years and 1 month......but a creditor very rarely issued a default notice for 1 missed payment and possibly issued the default notice 3/4/possibly 6 months later so in the eyes of the claimant the cause of action could vary by up to 6 months .

 

 

Sooo and I dont know if its already on the thread...was you issued a default notice.....and what date was it issued ?

[Martyn1984]

Honestly can’t remember if she was issued a default notice, according to Noddle it was defaulted on 31st October 2012.

 

I’m very confused now.

 

What’s the next step with this?

[AndyOrch]

Defence.

 

1. The Claimant has not fully complied with the PAPDC (Pre Action Protocol) having filed this claim early during the 60 days allowance and failing to respond to the letter of claim PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

 

1 The Claimant's claim was issued 6th March 2018

2. The date last payment made was 28th Feb 2012

 

3. The Default Noticed was issued 31st Oct 2012 served several months after the initial breach thus the cause of action delayed by several months and the Limitations period prolonged to 6 years and 7 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 £x or any other sum, or relief of any kind is denied.