LOWELLS Claim Form - old vanquis card debt***Settled F&FS***

[rockystar]

Claimant - Lowell Portfolio 1 Ltd

 

Date of issue – 23 January 2018

 

What is the claim for –

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXXXXXXXXXXXXXX ('the Agreement').

2) The Defendant failed to maintain the required payments and arrears began to accrue.

3) The Agreement was later assigned to the Claimant on 31/03/2014 and notice given to the Defendant.

4) Despite repeated requests for payment the sum of £742 remains due and outstanding.

And the Claimant claims

a) The said sum of £742

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.163, but limited to one year, being £59

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Unsure

 

What is the value of the claim? £931

 

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? 2009

 

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 ? Unsure

 

Why did you cease payments? Unemployment

 

What was the date of your last payment? Unsure

 

Was there a dispute with the original creditor that remains unresolved? Unsure

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Unsure

 

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Hi

 

First of all, thank you to everyone who helps on here, you're amazing!

 

I've been issued a Claim Form from the County Court Business Centre regarding a 2009 Vanquis credit card debt which is now with Lowells.

 

I used MCOnline to register and Acknowledgement of Service 10 February 2018 and have a PDF showing this date (I think I just made it in time!) I ticked 'defend all of this claim' and 'I intend to contest jurisdiction' (advice from another thread before landing here).

 

That same thread said to send a CPR18 Request for further information, which I am doing now from their template as well as a separate CCA Request letter.

 

Looking for advice on whether this is the right course of action.

 

Thank you all so much.

 

[jon8214]

Don't send a CPR 18 send a CPR 31.14 both of which are available in the library

 

Was the last payment with in 6years? If your not sure phone the original creditor and ask last payment date

[rockystar]

Ah, right, thank you. I'll check it out.

 

I'm not sure, it may well be over 6 years. I'll do that on Monday.

 

Thanks again!

[jon8214]

Come back and let us know as if its over 6 years it will be statute barred and you can kill this stone dead

 

your defence is due by 4pm 23rd Feb

[rockystar]

Will do. Thank you

[dx100uk]

not very helpful to answer unsure to almost every question

and where did you get the info from that said send a CPR 18?

[rockystar]

Hello again

 

Yes, sorry, I know it's not very helpful but I just don't have any paperwork and can't remember :/

 

So, I just called Vanquis, and they say they don't have/hold any details of my account at all.

I found one old Vanquis card (not the original) in an old wallet with a valid from 03/2012 date on it.

 

They tried searching for this number but couldn't find anything.

The upshot is that I can't find out when the last payment was made, unfortunately.

 

I got the ideas that I needed to use CPR18 from another forum

 

So, what should I do now? Send the CPR 31.14 Request followed up by a CCA Agreement Request?

 

Thanks all, really appreciate your help.

[AndyOrch]

So, what should I do now? Send the CPR 31.14 Request followed up by a CCA Agreement Request?

 

Yes CPR 31.14 to the Sols and CCA section 78 to the Claimant.

 

 

Andy

[rockystar]

Thanks Andy will do this now.

 

What's next? Wait for responses?

[AndyOrch]

Given the time frames and your defence due date I doubt you will get any.....

 

Better to start looking at similar threads and start a draft...

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[dx100uk]

now go back and ring vanquish against

 

ask for the last payment date

if they wont tell you

 

tell them that under

the prevention of fraud act

and

the data protection act

they MUST hold your data for atleast 6yrs

 

ask to speak to a supervisor/manager

 

if they still wont give you the info

tell them you'll be on the phone to the information commissioners office and will be raising a formal complaint against them right now

[rockystar]

Okeedokee

[dx100uk]

last 2 posts removed

what does it say in red at the top of the templates?

[rockystar]

Oh dear, sorry about that – bit of a fluster!

[dx100uk]

[rockystar]

Update: got back on the phone to Vanquis and said what you suggested.

 

I was put through to someone else and told that the information,

although held on an electronic archive, was not available to give over the phone.

 

This is because, they say, it would be a data breach so I have to write and request the information.

 

With regard to the letters, I don't have a printer and can't find one locally (been everywhere I can think of) but I can do it tomorrow and send them recorded then.

 

I hope I've now attached the letters on a link. Sorry about before

 

Thank you both.

Forum copies Lowell:Vanquis.doc

[dx100uk]

we don't need to see our own filled in templates

we know what they look like!!

please don't publish them in the open forum!!

 

dx

[rockystar]

Yikes! I'm a bit of a disaster at this!!! Okay, so I'll send them tomorrow and update here if I hear anything.

 

Thanks and sorry!!!!!

[dx100uk]

Neighbour library

Could you not phone your bank and ask last payment to vanquis?

Or if you have online banking webportal look there too

[rockystar]

I no longer have the account I had at the time or any information about it, so I'm stuffed. Apart from the CPR31.4 and CCA requests I'm sending tomorrow to Lowells should I be sending a letter asking for this info to the address Vanquis gave me?

 

Thx

[dx100uk]

Go ring the bank and ask

 

I'm pretty sure we've had info over the phone from vanquis

I can't see why writing is needed

 

Can you not email them an attached and signed letter

With say a ctax bill copy to get the info

[rockystar]

Hello again!

 

I have been offline for several days but here is the latest.

 

I did as you suggested and again telephoned Vanquis to request the last payment date on the account (third time). Again I was told that there was no information about the account. I asked if I could email my request with proof of identity but was told this was not acceptable. After consultation with another department, I was told that the employee was not allowed to send emails outside his department. I was told to send my ‘access request’ by post and that:

 

 

• My request must contain my signature
  
• A fee in the form of a postal order for £10 must be enclosed
  
• That it could take up to 40 days from receipt of request for them to respond
  
• That I would not receive statements but rather a spreadsheet of all historic transactions
  

 

Also, I've not received any response to my CCA and CPR 31.14 request but did receive a letter entitled 'Notice of Pending County Court Judgment'.

 

So, I am today preparing my defence (due tomorrow) and have documented what I've done so far. Is there a template on here I can use to make this more professional?

 

Thanks everyone

[dx100uk]

you need to go READ other threads

unless you've done it whilst not logged in

you don't appear to have read ONE other like thread.

 

its not a template

as each POC differs

however if you use our top red toolbar search CAG box

 

cliamform Lowell card

 

you'll see other peoples examples.

[rockystar]

Okay, thank you. I'm not used to forums and for some ridiculous reason find them hard to navigate so thanks for being so clear. Ditto the legal stuff, it's all a bit mind-boggling! Will get into it now.

[dx100uk]

have a go and we'll guide you

post up what you think

we don't just hand them out as you must understand your defence else you'll look a fool infront of the judge