Lowell PAP letter now claimform - Vanquis card debt

[puma85]

I've received the following letter from Lowell solicitors regarding a default from 2012 for about £1700.

 

I've previously tried to negotiate a settlement figure but got very little response. Although I have found a letter they sent last year offering a 60% reduction in the debt.

 

Any suggestions on my next course of action?

 

 

 

PAP LOC (1).pdf

[AndyOrch]

Have a read of the following..its important that you complete our version form

 

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

 

Andy

[renegadeimp]

Also understand that any huge reduction offer by Lowell means the debt is unenforceable. Don't go offering or accepting any settlement without checking they can actually legally enforce the debt.

[dx100uk]

What date is the pap letter?

Go read other pap letter threads

Use the search cag box of the top red toolbar

[puma85]

I need to reply to the PAP this week as it will be 30 days on Friday.

 

I replied to Lowell and offered to repay the same amount as they offered me last year (this is roughly the same as the charges on the SAR + interest etc).

 

Their reply is..

 

Quote

Dear xxxx

 

Our Client: Lowell Portfolio I Ltd

 

Reference: xxxx

 

Balance: £1'xxx

 

Thank you for your email.

 

We have been instructed to recover the full outstanding balance and are unable to offer a discount or accept your settlement offer.

The settlement letter you have attached was sent to you by Lowell Financial Ltd and is no longer valid.

 

You should now contact us to set up an arrangement to repay the outstanding balance. When responding please confirm your offer of payment, the date each month you will make the payment and which method you will use from list below.

 

· Direct Debit: This can be set up online at https://lowellsolicitors.co.uk/payments/.

Alternatively, you can telephone 0113 335 3334 or email us at [email protected] with your account number, sort code, the account holder’s name and the date you wish payments to be debited.

 

· Debit card: One off card payments can be made online at https://lowellsolicitors.co.uk/payments/. Alternatively, you can telephone 0113 335 3334. Please do not send these details by post or email.

 

· Standing Order or Bank Transfer: Our client’s bank details are as follows: sort code 60-00-01, account number 39543749. Please quote your reference number as the payment reference.

 

· Pay in any NatWest bank: using their paying in slips and the bank details as seen above.

 

· Cheque or Postal Order: Made payable to Lowell Financial, Address: PO Box 1419, Northampton, NN2 1BU

 

Please ensure you contact us to reach a resolution to avoid a Claim form being issued to you with further costs incurred.

 

You can now manage your account, make a payment and set up an arrangement by registering with our website: www.lowellsolicitors.co.uk

 

This was the offer letter I previously received

 

lowell 60% discount letter.pdf

[dx100uk]

write not ever email.

give them a free way to harass you.

 

its a letter of claim under the pre action protocols

its not an N1 claimform from THE COURT.

 

dx

[puma85]

I thought what they sent me was a claim form?

 

OK sorry, and thanks.

 

My only concern is that this is the only default on my records and it only has 1 yr 6 months left. If I wait for the N1, does this add another black mark, or would that only happen if it went to court and I was ordered to pay, i.e CCJ?

[dx100uk]

who says you'll get an n1..

 

it could only harm your file

IF you lost the courtclaim …

IF you failed to pay within 28days.

[puma85]

Ok, thanks again dx. I'll sit tight.

[patterns]

Ive recv'd the exact same form today, following the PAP protocol

 

Have you heard anything? i had the same from 2 other debts after PAP sent, it went nowhere as in no N1 to date, as DX says its not the N1, and even then you can defend in court, and after that you have 28 days. They are pushing harder because its drawing closer to the end date of the default, im on a similar time frame to you.

 

I also had a reduction letter then my PAP now states full amount.

 

Im curious what did your CCA look like? mine was literally a computer form with my details and 2 pages of terms and conditions.

 

Keep us updated and good luck!

[puma85]

I received another letter today.

This one looks a little more legitimate. I presume this is an N1?

 

[dx100uk]

its not a letter its a claimform pack from northants bulk court.

 

please complete this:

 

 

[puma85]

I'm not sure sure what route to take. 

 

The guide you posted is very thorough, but focuses on making a complete defence. 

I dont dispute the claim and have tried a number of times to negotiate a settlement fee with Lowell. 

Should I be defending the complete amount? 

 

Date of Issue ?

22/08/2019

 

Name of the Claimant ?

Lowell Portfolio I Ltd

 

What is the claim for –

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference
(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 24/06/2015 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,750.29 remains due and outstanding.

5.And the Claimant claims
a) The said sum of £1,750.29
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 £0.384, but limited to one year, being £140.02 
c) Costs

 

What is the total value of the claim? 2075.31

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? Yes

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

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. Debt Purchaser

 

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

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments? Could not afford to pay

 

What was the date of your last payment? Jan 2015

 

Was there a dispute with the original creditor that remains unresolved? No

 

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

 

[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
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
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 [1 in the count]
 

[puma85]

Thanks DX, Thats all done so far. 

 

• Completed the AOS
• Sent a CCA (already requested in the past, but sent for another anyway)
• Sent CPR 31:14 

[puma85]

So I'm now defending my claim. I have until the 17th September to submit my defence (12 days).

 

How do I go about this?

 

Lowell have previously sent me an offer of £1000. although when I made contact with them some time later they would not accept my offer of £1000 to close the debt. 

Should I pursue this with them?

 

The last thing I want is a CCJ/default to come out of this. 

If it goes to court, I agree to pay, will this happen?

Edited September 5, 2019 by puma85

[dx100uk]

already defaulted. can only have ONE.

the rest as post 28.

 

partly admitting claim will mean guaranteed CCJ.

 

plenty of Lowell card claimform threads here already with the std holding/no paperwork defence

have a go post it here 1st.

 

 

 

 

 

 

[puma85]

OK thanks DX I understand that I can only have one default, just keen to avoid the CCJ!

 

I have already completed the AOS as you instructed, sent for a CCA and CPR 31:14 

The nest step is to submit my defence. 

 

I think I'm just getting mixed up on the terminology and struggling to understand the full picture. 

I assumed 'defence' was effectively saying I do not know anything bout the debt/its not mine etc. Where as I know the debt is mine and have previously tried to negotiate a settlement figure. I know this and so does Lowell. 

 

So what would my reason for defence be?

 

If I loose Would I get a CCJ?

 

Edited September 5, 2019 by puma85

[dx100uk]

Unless you pay within 28 days it would be registered yes.

 

No good keep asking questions if dont go read a few threads as advised in post 37

 

you've been here since 2012 so should know how to search.

 

Dx

 

[puma85]

Defence

 

 

1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxxxx (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 24/06/2015 and notice given to the defendant.

4. Despite repeated requests for payment, the sum of £1,750.29 remains due and outstanding.

5. And the Claimant claims

a) The said sum of £1,750.29
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 £0.384, but limited to one year, being £140.02 

c) Costs

 

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

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 allegation to which a specific response has not been made.

 

2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Vanquis. However, I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request. I am unaware of what account or contract the claimant refers to.

 

3. Paragraph 2 is noted but not admitted , the claimant is put to strict proof to evidence any breach and service of Notice of Arrears and  Default Notice pursuant to section 86c and 87 of the CCA 1974.

 

4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in June 2015.

 

5. The defendant submitted a request for documents pursuant to CPR 31.14. on 1^st September 2019. The claimant has failed to comply.

 

6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 1^st September 2019. The claimant has failed to comply.

 

7. 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 with the Claimant; and

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

   (c) 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;

 

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

 

9. 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 and Section 82A of the consumer credit Act 1974.

 

10. 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.

 

[puma85]

How does that look?

 

[AndyOrch]

Just a few tweaks and I have added you  a new point 3 in blue.

[puma85]

4 hours ago, Andyorch said:

Just a few tweaks and I have added you  a new point 3 in blue.

 

Perfect. Thank you!

[puma85]

Lowell have kindly sent me a copy of their completed Directions Questionnaire requesting mediation. This came through on the 24th, although I haven't received one from the court yet. Should I have? 

 

 

 

lowell N180.pdf

[dx100uk]

quite std for lowells to do this

have you not been reading Lowell claimform threads in the downtime to see why they try to intimidate defendants like this....

 

await your from the court.

 

dx