Lowell Claim form, old Vanquis debt

[Bobraf]

Name of the Claimant ? Lowell Portfolio I ltd

 

Date of issue – 05/12/2018

 

Date to acknowledge - 23/12/2018

 

date to submit defence - 07/01/2019

 

Particulars of Claim

 

What is the claim for –

 

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference *****

 

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

 

3 The agreement was later assigned to the claimant on ****/2017 and notice given to the Defendant.

 

4)Despite repeated requests for payment, the sum of £26** remains due and outstanding.

 

And the Claimant claims

a) The said sum of £26**

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 £0.50, but limited to one year, being £200

c) costs

 

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

 

What is the total value of the claim? £2900

 

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 April 2007 ? after

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes

 

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. assigned to lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? i didn't receive a notice of assignment but i may have received the odd letter

 

Did you receive a Default Notice from the original creditor? no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? I honestly can't remember, i had a lot going on at the time and i did think it was all paid up

 

What was the date of your last payment? 2015

 

Was there a dispute with the original creditor that remains unresolved? no, although i've no idea how the total is so high as its way above the original credit limit

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i'm not sure, but i did start a payment plan with them for a while in a bid to stop them defaulting me, I'd missed 5 or 6 payments then started paying again under this agreement for a good few months

 

Hiya,

I've received a claim form from Lowell for an old Vanquis debt.

I have beat Lowell in court once before for an old catalogue debt, but that was a while ago, and a bit different because I could prove from the information they sent me that I didn't owe the money anyway, and that was struck out.

 

I'm a bit nervous, and as this is for a lot more money than before, and its quite a while since I had to do this so was hoping I might be able to get a bit of help from here.

 

I've been online to try to acknowledge the claim, however mcol has my old address and I cant seem to be able to change it, has anyone any idea how?

 

Also, before i send, am i right that its a CPR31.14 to the solicitors and a CCA to Lowell?

 

Should i also send a SAR to Vanquis?

 

My credit limit was never anywhere near the amount they're claiming I'm sure, so I've no idea how the amount has got this high!

 

This is the form filled in that you request:

 

Any help would be massively appreciated!

Edited December 10, 2018 by dx100uk
format

[dx100uk]

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.

 

…………

 

 

lots of Lowell vanquis claims here

just use the search cag box of the top red toolbar

 

Lowell claimform vanquis

 

you should be able to update your address on mcol yes

[AndyOrch]

Only the claimant or the court can amend an address of the defendant.How did you receive the above claim if it has the incorrect address ?

 

 

Andy

[Bobraf]

I received the claim form to my current address, but on mcol it has my old address.

I can't find anywhere on it for me to change the address and I haven't been able to phone them today either as I couldn't get out at work and finished too late to call, but I should get chance tomorrow.

 

It seemed odd to me, I don't understand how they can be different.

Should I still acknowledge even though my address is wrong or should I wait until its been changed?

I will be posting the letters tomorrow.

 

In the particulars of claim there is no mention of the default notice at all.

Will this harm my defence that they aren't relying on it in court?

 

I've been reading lots of old vanquis threads and there seems to be quite a few recent ones...

Should i send a SAR to Vanquis?

 

I have no idea how they're total is so high when it is way above what I recall the credit limit to be.

I'm really quite nervous about this

[dx100uk]

some of andy's wise words from a time ago:

 

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010

.

For a creditor to enforce a credit agreement against the debtor,

he must serve the latter with a default notice,

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

.

Generally, the prescribed form of a default notice according section 88 is as follows:

.

"The default notice must be in the prescribed form and specify

.

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach,

and the date before which it is to be paid."

.

Section 127(3) of the Consumer Credit Act 1974

.

Should the debtor be sued for the outstanding amount,

it may be open to the debtor to raise an argument that the agreement is unenforceable

because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA').

Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

 

Regards

 

Andy

[AndyOrch]

I received the claim form to my current address, but on mcol it has my old address. I can't find anywhere on it for me to change the address

 

And is your current address on the claim form N1 ?

[Bobraf]

Sorry Andy I'd only just seen this, yeah my current address is on the claim form N1, i'm having trouble getting it changed on mcol as well which is worrying me because i don't know if i should acknowledge the claim when the address is wrong but time is running out!

 

I've sent the forms to Lowell and their solicitors.

 

I've also received a letter from Vanquis saying that they've been in trouble with FCA about their ppi stuff, and are refunding me £60 interest that was charged on their ROP thing. It says that they will inform Lowell that it has to be taken off my balance as Lowell now own it. Does this make any difference to anything at all?

[AndyOrch]

If its correct on the N1 you dont need to change MCOL...they have both addresses.

 

What forms have you sent to Lowells ??????

[Bobraf]

I sent CCA Request to Lowell, and cpr to the solicitor, was that right?

 

- - - Updated - - -

 

And I acknowledged service anyway, just can’t get through to the court, always number 42 in the queue and it cuts me off by the time I get to 20

[Bobraf]

Hiya,

Hope everyone’s had a good Christmas!

 

I need to submit my defence by tomorrow.. I’ve been working on it but was just waiting to see it if Lowell produces any documents, I’ve left it until the last minute thinking it may come late, but they haven’t!

So I’ve written a witness statement, am I ok to post it up here and would someone give it a quick check for me please before I submit it?

Thanks in advance!

[dx100uk]

don't need a witless statement yet

just our std bare holding / no paperwork defence in 100's of like Lowell vanquis card claimform threads in this very forum.

[Bobraf]

oops i meant defence, i've been reading too many of these posts!

I've used a couple of defences from similar cases and put one together. I've read and reread it so many times I was sick of seeing it so have submitted it to make sure its in on time.

Thanks for your help again

[dx100uk]

post it up here so we know

[Bobraf]

Please come someone help me, I’m really panicked.

so I didn’t receive a thing through from Lowell or their solicitors or the court.

I’d read loads of threads on here where that had happened , so I assumed they were just taking their time moving it forward. It’s been a couple of months.

 

ive then received an email this morning from clearscore saying that a ccj is being added to my account.

somehow Lowell have sent me to court and obviously won, but I’ve received nothing at all.

I assume it’s the address thing.

Is there anything I can do?

 

I’ve just searched the site and found information about having the judgement being set aside.

I’m confused over the defence I need to send in with it,

is it the short defence that I submitted in response to the claim on MCOL,

or is it the long defence that I would take with me to court? 

 

I just phoned the court to find out what had happened,

Lowell changed my address back to my old address on the 27th December.

I then didn’t receive the directions questionnaire so obviously didn’t respond to it so a judgement was automatically made a couple of weeks ago.

 

please please, I could really use some guidance about how best to proceed

[dx100uk]

well as they knew your new address on mcol and your CCA/CPR etc, they shouldn't have done that.

TBH ive not heard of them doing this before

its obv Ian admin mistake on their part

 

ring up Lowell solicitors

tell then you want it set aside by mutual consent free of charge for you as they made the error

they should oblige.

 

dx

 

 

[Bobraf]

Should I phone or email?

[dx100uk]

you should NEVER give you email to any DCA claimant nor their solicitors

allows them to file important court paperwork 1 min before a midnight deadline removing you right to reply.

 

as I said RING THEM.

you might catch them off guard and they will agree to a seta side FOC to you on the spot

[Bobraf]

Ok, thank you, I’ll phone them in the morning. 

If they agree to it can they backtrack though afterwards as I won’t gave it in writing?

[dx100uk]

no they shouldn't 

but anyway 

even if you have to pay and get it set aside yourself via an N244 because they wouldnt agree to do it themselves FOC, chances are you'll e able to claim it as costs from them..not sure 

[Bobraf]

I phoned their solicitors yesterday.

they did all they could to get me to arrange payments on this account.

They agreed they’d changed the address but wouldn’t have anymore to do with that.

Just kept pushing me to arrange payment.

 

In the end they said they dealt with things in a case by case basis, and that if I wanted to apply for a set aside and could afford to do so then I could try, but as far as they were concerned they got their judgement and it stands and I need to pay. 

 

I don’t believe for a second that it was a simple admin error, I think it was another way for them to sneak a judgement through.

Can they get away with this? It is so underhand. 

 

Anyway, Tuesday I will apply for set aside.

Will I be able to explain what they’ve done?

Will I be able to use it as part of my witness statement if I can get the set aside?

 

sorry for all the questions, I’m really a bit nervous with all of this, and more annoyed than I probably ought to be..

[dx100uk]

no you get annoyed.

sadly shows you the reality of what a DCA is..

they couldn't careless.

 

to get the set aside rolling you need two things..

a reason to set the CCJ aside..wrong address here and appears purposeful..but anyway they knew your correct address

 

a basic defence for the debt itself..not sure on that as you don't want to simply say I don't owe the figure quoted as it seem vastly inflated, as that's admitting you owe 'something', which might be better to avoid.

[Bobraf]

So would that be like the defence I submitted already, but elaborated on?

or more like the witness statement I would do if I got to court? If I did that I’d be worried that I’d give them all of my cards.

 

could I go for no knowledge of the debt? I sent my cca and cpr requests and I received nothing back at all from them, so they’ve sent me nothing at all proving I owe this debt, or what it is or anything..

[dx100uk]

the issue here now is the CCJ trumps the need for any paperwork technically..

.they have judgement..too late for paperwork wriggles

[HSBCandMe]

If the debt is settled within a certain timeframe (ie x days or weeks from date of the order) can the CCJ be removed? 

[dx100uk]

28days