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Lowell claimform - OHs Vanquis Claim Form***Settled by Tomlin Order***

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Hi peeps

 

Lowell have finally sent a claim form for my wife's Vanquis card.

 

Name of the Claimant ? LOWELL PORTOLIO I LTD

 

Date of issue – 03 DEC 2018

 

Date to acknowledge) = 21 DEC 2018

 

 

DAte to submit defence = 4 JAN 2018 [=1 day for emas eve I think only -dx]

 

What is the claim for –

.

1. The defendant entered into a consumer creditlink3.gif Act 1974 regulated agreement with Vanquis under account reference 4023************ ('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 31/03/2015 and notice given to the Defendant.

 

4. Despite repeated requests for payment, the sum of £27**.** remains due and outstanding.

 

And the Claimant claims

a) The said sum of £27**.**

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 £0.613, but limited to one year, being £2**.**

c) Costs

 

What is the value of the claim? £32**.**

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Vanquis credit card

 

When did you enter into the original agreement before or after 2007? around 2010

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. Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably

 

Did you receive a Default Notice from the original creditor? I think so but they haven't put that on the particulars of claim^. Credit report shows default date 31/07/2014

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably

Why did you cease payments? Disputed charges, sent CCA Requestlink3.gif to get to the bottom of it, they ignored

 

What was the date of your last payment? December 2013 ish

 

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif planicon? no

 

 

I was going to deal with this in the same way as I successfully dealt with my own Vanquis card on this thread.

Vanquis completely ignored the CCA Requestlink3.gif for this one back at the beginning of 2014, starting with a CPR 31.14 request to Lowell Solicitors. However, this time Line 2 on the POClink3.gif doesn't mention the default.

Should I change my approach?

 

Thanks

Edited by dx100uk
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it must have be defaulted for legal action to be raised request the DN.

 

rest is good

 

note your corrected dates above please

 

ive tidied your other threads for yo with a link to here.


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Thanks.

 

How would you go about requesting the DN? They haven't mentioned they are relying on it in the poc so would it fall out of the scope of the cpr 31.14 or can I ask for it on there? Or am I jumping the gun?

 

Ta

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yes in the cpr.

do exactly as the last one

 

AOS, CCA , CPR


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How is this for my defence?

 

Particulars of claim:

1. The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference 4023************ ('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 31/03/2015 and notice given to the Defendant.

4. Despite repeated requests for payment, the sum of £27**.** remains due and outstanding.

And the Claimant claims

a) The said sum of £27**.**

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 £0.613, but limited to one year, being £2**.**

c) Costs

 

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have had an agreement in the past with Vanquis but do not recognise the account number referred to by the claimant and have therefore sought verification from the claimant.

 

3. Paragraph 2 is noted however as I do not recall the precise details of the alleged agreement and am unaware of a default being issued I have sought verification from the claimant.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 2 years ago.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the breach and service of the Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

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

 

 

How does this look? They have not mentioned the default notice on their claim so should I be mentioning it in 3 and 5b? I have only just sent off the CPR request as it got missed over the holidays!

 

Thanks

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As said before..a debt must have been defaulted under the CCA for legal action to be allowed

 

I have had financial dealings with the original creditor etc


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Stupid to forget the CPR!!

It's needs a mention in the ref

So does the cca


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As said before..a debt must have been defaulted under the CCA for legal action to be allowed

 

I have had financial dealings with the original creditor etc

 

Well I don't have a default notice (possibly lost it), and in their particulars of claim they don't refer to one. Usually on point 2 they would say something like a default notice was served and not complied with. Maybe I'm splitting hairs I'm just trying to cover all options.

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Stupid to forget the CPR!!

It's needs a mention in the ref

So does the cca

 

Yeah I know it was stupid, been a busy month, they're probably counting on that.

 

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have had an agreement in the past with Vanquis but do not recognise the account number referred to by the claimant and have therefore sought verification from the claimant.

 

3. Paragraph 2 is noted however as I do not recall the precise details of the alleged agreement and am unaware of a default being issued I have sought verification from the claimant.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 2 years ago.

 

5. I have requested from the claimant information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the breach and service of the Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

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

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not your job to split hairs..

 

its for the claimant to prove their claim.

there must be a valid dn under section 87 for legal action to succeed

just as in your other thread

use that defence

go read that thread again...


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Following question missed from your link completion in post #1....

 

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


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Following question missed from your link completion in post #1....

 

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

 

Yeah I got a letter of claim and plenty of warning letters before that

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Yeah I got a letter of claim and plenty of warning letters before that

 

:thumb:


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Sorry you've lost me should I be putting that in? I did get the letter before claim.

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yes


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No if you did get one ......did you receive a questionnaire from the claimant and did you ever complete and return it ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice-1st-Oct-2017


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no...opps..yes you did get one no you don't put it in...

celebrating late here...:!:


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Just a few quick questions about the N180 small claims directions questionnaire I've been sent.

 

1. Do I have to post a copy of this to Lowell?

 

2. Do I NOT agree to this going to mediation? As I do not ' have enough information about the claim, to allow me to enter negotiations' aka no response to the CPR request?

 

3. Am I calling myself as a witness, so putting 1 in the number of witnesses?

 

Many thanks

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1. Yes... to the Solicitors

 

2. Yes you do agree....the Court expects all parties to participate in ADR (Mediation)...whether it actually materialises is another matter

 

3. Yes 1 witness ...yourself.

 

4. Yes to Small Claims Track

 

5. State your local county court name.

 

 

Andy


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This week we have received a letter from Lowell Solicitors.

It says

 

In your Defence you allege that you did not have any information on the agreement you had with Vanquis Bank Limited.

You entered the agreement on 6 April 2012.

You proceeded to have the use and the benefit of the agreement until 28 November 2013 where you made the final payment to Vanquis in the sum of £250.

A statement provided by Vanquis is enclosed which evidences usage.

 

As you failed to make the required payments the a default notice was issued to you on 19 March 2014.

You were given the opportunity to make a payment and remedy the breach however you failed to do this.

The full balance therefore became due and owing which was then assigned by our client.

 

Our client is satisified you are liable for the outstanding balance and has instructed us to offer you a Tomlin Order....

 

Enclosed is

a Digital Signature completed application form.

A copy of the notice of default.

A Tomlin agreement which adds £100 to the balance and offers a repayment schedule whilst the claim is stayed.

And a statement which is like a computer ledger for the history of the account.

 

There is no running balance column so it is difficult to decipher,

however it shows the charges for their PPI style 'Repayment option plan' which we never asked for and disputed on the phone multiple times,

as well as lots of charges which now have a second description column labelling them all as purchase interest.

 

At the time they were not labelled as interest and we kept phoning up to dispute them as we had a direct debit setup.

Final 4 months is several hundred pounds of interest and fees after we raised our dispute and said we wouldn't pay anything else until the sorted it.

Kept playing stupid on the phone and promising to investigate.

 

What would you suggest we do next?

 

Thanks

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nothing ..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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" At the time they were not labelled as interest and we kept phoning up to dispute them as we had a direct debit setup.

Final 4 months is several hundred pounds of interest and fees after we raised our dispute and said we wouldn't pay anything else until the sorted it.

Kept playing stupid on the phone and promising to investigate."

 

Why not negotiate the Tomlin Order and inform them of the above and the dispute with the OC...if they are prepared to reduce the debt to a true reflection you may consider the Tomlin ?


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Got a notice of allocation to the small claims track hearing.  Case set for end of June.

 

Claimant has till end of May to pay the trial fee so I'm guessing sit tight till then?

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no harm in researching your witness statement contents.

lots of Lowell vanquis threads here already with them.

use the google custom search top right 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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