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

[Martyn1984]

Wow that’s great. Thank you.

 

When is the best time to enter this defence?

 

Also does it make any difference that Lowell haven’t responded to the CCA I sent them at the same time as I returned the PAP?

 

Many thanks again.

[dx100uk]

great defence andy

 

thanks

 

dx

[AndyOrch]

Submit it when your ready...its irrelevant whether they respond to the CCA request or not

[Martyn1984]

Submit it when your ready...its irrelevant whether they respond to the CCA request or not

 

Should I give them time to respond to the CPR 31.14 request?

 

Or just put the defence in with it being a SB defence?

 

You can tell I’ve never done this before!

 

Thanks again.

[AndyOrch]

Should I give them time to respond to the CPR 31.14 request?

 

Or just put the defence in with it being a SB defence?

 

You can tell I’ve never done this before!

 

Thanks again.

 

Nope as post # 53 above

[Martyn1984]

Hi all,

 

We put the defence in and today have received a letter from BW Legal stating their client (Lowell) intends to continue the claim and has notified the court of the same.

 

They still have never replied to the PAP letter & not replied to the CPR 31.14 request.

 

Now what?

 

Is this a case of we’ll now have to go to the court about this?

What are we meant to do with it being statute barred and them not following the PAP rules?

 

Many thanks

[AndyOrch]

Nothing now...wait for your directions questionnaire N180 and complete and submit by the date stated.

 

Andy

[dx100uk]

usual letter they always sent.

 

and its mainly immaterial if they reply or not to CCA/CPR/PAP letters

1. you don't want them too..think about it:madgrin:

2. the debt is statute barred - nothing they can produce can ever unbar it.

3. they had 28days to do something, they haven't

the claim is now stayed? and will cost them further fees to progress it

[AndyOrch]

If they have notified MCOL they wish to proceed...then the status on MCOL should read as allocated

[Martyn1984]

Thanks for the replies.

 

Just an after thought as we haven’t received any information regarding this debt apart from speaking to Vanquis’s Supervisor who confirmed the date of the last payment.

 

Should I request copies of all statements so we have proof of the last payment in writing or is that for Lowell to prove?

 

Many thanks

[AndyOrch]

No.......they must disclose all their evidence at the next stage........well they did state " their client (Lowell) intends to continue "...so let them.

 

Did you mean from Vanquis for your own evidence?

[Martyn1984]

Ah yes sorry, from Vanquis.

 

 

We have no paperwork whatsoever so what evidence I can provide I’m not sure other than the copy of the PAP I sent back and the signed for tracking numbers proving they were delivered?

 

Thanks again.

[AndyOrch]

Well if they would provide you with written conformation last payment...that would be useful to you when you disclose.

[Martyn1984]

We did ask previously but nothing ever arrived, I didn’t know if there was anything else we could do or would sending Vanquis a SAR be an option?

[AndyOrch]

Bit late for a DSAR ...can take 40 days .....as Vanquis have confirmed verbally...thats all you need......because anything different from Lowell you know its nonsense

[Martyn1984]

hi,

 

We have received nothing further from the court and today I've logged into the MCOL website and it says "DQ Sent to you on 10/04/2018"

 

What does this mean and has something gone missing in the post?

 

What do I need to do?

 

Thanks

[dx100uk]

dq is the N180 you can download it youself from the .gov site

[Martyn1984]

thanks

 

Where does it get returned to?

 

Is there a timeframe for this document to be returned?

 

Thanks

[dx100uk]

yes to mediation

1 wit you

the rest is obv

 

3 copies

one to the court

one to the claimant sols [minus email/sig/phone]

1 for your files

[Martyn1984]

Ok thanks

 

When you say 1 for my files, as I've said previously I don't really have any files as no details have been sent to me regarding the debt. other than the telephone call confirming the final payment date and "signed for" receipts for the PAP and CCR that were not replied to, what else am i expected to have?

 

Many thanks

[dx100uk]

don't worry about your witness statement bundle at this stage.

[Martyn1984]

Hi.

 

My wife received a call this morning from the court mediation making an appointment for next week. They’ve sent her an email containing all the things needed for the phone call.

 

As the defence is this is statute barred what am I exactly meant to prepare for her for the mediation call?

 

Many thanks.

[AndyOrch]

Ideally you shouldn't have agreed to mediation on your DQ given that the debt is statute barred.

 

I would raise the matter with the mediator that you ticked it in error and also that the claimant has made no response to PAP questionnaire and issued the claim before its 30 days had expired,

 

 

Andy

[Martyn1984]

Ah right....

 

I’ll get her to ring.

 

Thanks.

[Martyn1984]

Hi all,

 

Letter received from BW Legal (hopefully attached) making an offer.

 

5 pages into the Ts & C’s it has what looks like my wife’s details pasted in (the border on the page goes missing next to the details). It also shows it was signed by Vanquis nearly 2 years after it was taken out?

 

They have also provided statements which show the final payment made to the account 28th Feb 2012.

 

How do I proceed with this, ignore and wait for more court documentation?

 

Thanks as usual.

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