Lowell claimform - old vanquis debt

[AndyOrch]

You refer to section 77 within your defence...so this a loan agreement ?

 

 

Andy

[SimpleMinds]

Sorry, no, it's a typo. I have changed it to 78.

[SimpleMinds]

I think this is better now. Would someone just have a quick look over it. I'm away for work on Sunday for a week and a half so I don't want to leave everything last minute and potentially forget about filing it. I think I've matched it up to the original but I can't find an exact original / template (not that I expect a template defence).

 

1 - The defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxxxxxxxxxxxx (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 04/08/2013 and notice given to the defendant.

4 - Despite repeated requests for payment the sum of £2463.43 remains due and outstanding.

And the claimant claims

a - the said sum of £2463.43

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 £0.540, but limited to one year, being £197.07

c - costs

 

"The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

(1) The Defendant notes the opening sentence referring to an agreement between him and Vanquis. The Defendant has in the past had financial dealings with Vanquis. The Defendant is unaware of what alleged debt the Claimant refers, having failed to adequately particularise its claim.

 

(2) The Claimant alleges that the Defendant failed to make the required payments due. This is denied.

 

(3) The Claimant alleges the agreement was later assigned to them on 04/08/2013 and notice has been given to the Defendant. This is denied. The Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136.

 

(4) The Claimant alleges “repeated requests for payment”. This is denied.

 

The Defendant is unaware of what account or contract the Claimant refers to, nor having received any default notice pursuant to the Consumer Credit Act 1974.

The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) Show how the Defendant has entered into a legal signed agreement with the Claimant; and

(b) Show absolute proof of how the Defendant has reached the amount claimed for by way of statements showing all amounts levied by the Defendant; and

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) To provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to the Law of Property Act 1925.

(e) On receipt of this claim the Defendant requested by way of CPR31.14 and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period. To date they have failed to comply with the section 78 request and remain in default with regards to the CPR31.14 request.

 

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

 

On the alternative, if 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 1925 and Section 82a of the Consumer Credit Agreement Act 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

"

[SimpleMinds]

They’ve sent me Directions and I’ve just filed them with them too. Just to keep the post updated.

[dx100uk]

did you copy to claimants sols too?

[AndyOrch]

You have received your Notice of Allocation with the courts directions...what do you mean you have filed with them to ?

[SimpleMinds]

I downloaded the directions form, completed it for mediation, sent it to the court and their Sols by email.

[AndyOrch]

The Directions form ?...you mean the Directions Questionnaire N180 ?

[SimpleMinds]

Yes

[AndyOrch]

So now your awaiting your Notice of Allocation (N157) with the court directions that you must comply with by the dates set next.

[SimpleMinds]

I received some paperwork from Lowell. It has a copy of my details showing my sign up for the card, a letter that shows they purchased the debt from Vanquis and a notice of assignment (on plain paper - not letter head).

 

The notice of assignment reads;

 

Dated 11 April 2014

 

Dear

 

We hereby give notice of the assignment of the debt due to us from you in respect of the balance of £2463.43 outstanding on you Vanquis account.

 

On 8 April 2013 your account was sold to Lowell Portfolio 1 Ltd.

 

Any further communications and payments must therefore be addressed to Lowell Portfolio1 Ltd."

 

Then they have put the address and phone number at the bottom.

 

Another document in the pack shows that Lowell purchased the debt on "04/08/2013" but this letter is dated the same date as the notice of assignment they sent (I suspect it may be a forgery given date errors).

 

So the account was sold 12 months before the notice of assignment was even issued - is that not a bit odd?

 

Also, going back to the ROP thing, they have provided a breakdown of payments which also shows "Repayment Option Plan" and I've added up all the charges for it. It comes to £521.04 - I never asked for this.

 

Mediation setup for 30/04

[dx100uk]

scan it up to ONE multipage PDF please read upload

[SimpleMinds]

I'm really sorry but I can't do that as I don't have access to a scanner and I am using a friends internet connection. I can photograph it with a phone but can't remove person info so don't want to upload my personal ID.

 

I can type it out I guess? There are about 20 sheets of paper. They have sent a copy of the Terms for the card, a breakdown of the charges and payments, the letter I have retyped out above and a couple of sheets that look like screen shots of my personal info and my agreement to the card.

[dx100uk]

well you can do it with a phone 1000's have

read the guide there are programs there listed that help you/

[SimpleMinds]

Sorry for late response. I don't have a smart phone or camera type phone, I'm in my younger 80's.

I'm also relying on my friends computer and help with very little knowledge.

My friend has told me that I'm in the 90's with a phone with snake on it so I guess it is out of date.

 

I had a telephone conversation - mediation today.

Was told by the woman conducting the mediation that I was being "put to strict proof" and that I owed the money.

I thought that they were not supposed to give legal advice and to be impartial.

I guess that is not the case, I was awfully upset after it because of the pressure that was put on.

 

I told them I don't owe it and they must prove I do. End of phone conversation.

 

I am asking another friend to try and help me with the documents so I can post them up.

I only get chance to call in once a week or so which is why I am struggling so

 

with respect I would ask that you have a little more patience with me given I am recently only fully retired and your comment comes across as a little arrogant to assume I can do what 1000's have at my age.

Edited April 30, 2018 by dx100uk
spacing

[AndyOrch]

If you could manage to just upload 1.the Agreement...2.the Notice of Assignment that will suffice for now SimpleMinds.

 

With regards to your mediation session ...a defendant cant be put to strict proof..thats for the claimant to prove its claim...so forget about it.

 

Next stage is Notice of Allocation and the court directions...post when you receive this (N157)

 

Andy

[dx100uk]

if you wish a secure email AD to send you unredacted photos too then please ask

i'll sort them for you and post them up.

 

dx

[Old Cogger]

I am recently only fully retired ?? sorry but what has this to do with answers, many of us retired years ago and never used that as an excuse (senile maybe Lol) do not start feeling sorry for yourself as you will be vulnerable to the prey of debt collection, you are above that!

[SimpleMinds]

Hello,

 

As Andyorch requested I have managed to get copies made of the agreement and introduction letter and notice of assignment. The personal info has been taken out.

 

The default notice was issued on the 1st Nov 2012.

 

Lowell mention the account was sold to them on the 04/08/2013 - their introduction letter is dated 11 april 2014 (seems a long time to introduce themselves).

 

The notice of assignment sent is also dated 11 april 2014 but that one mentions they were sold the account on "08 April, 2013".

 

I'm not all that clever with technology and I might be a little silly for burying my head in the sand at a difficult time but either the date is incorrect or that piece of paper has been typed up and someone has not made certain everything matches.

 

The way the notice of assignment reads is that it has been sent by lowell but should it not be from the original creditor?

 

Should it not read something along the lines of "We hereby give notice of the assignment of the debt owed to Vanquis Bank by you which has been transferred to lowell?" It reads as though someone has tried to make a document up but got the wording the wrong way around and the dates.

Agreement & Notice of Assignment.pdf

[dx100uk]

Default notice anywhere?

[SimpleMinds]

sorry - we thought we had added all the files into one. it is here.

[dx100uk]

no thats the notice they are going to send one

where is the default notice itself [PDF please!]

[SimpleMinds]

That is everything I have been sent.

 

I have the breakdown of charges which shows the rop thing on it but that wasn't copied.

 

I thought that was the default notice.

 

Obviously not but there is nothing else to send.

 

I have sent you everything now, except the rop breakdown.

Edited May 4, 2018 by dx100uk
spacing

[dx100uk]

well no DN is fatal to their claim

[SimpleMinds]

Hello

 

I received this yesterday from the court. I

 

've had a look at similar requests for a statement but could use some advice.

 

the order states that the claimant must send copies of the docs first, should i wait before sending them anything as i dont need to send anything til the 9th july?