Lowell PAP letter now claimform - Vanquis card debt

[AndyOrch]

Should you proceed and if you get a decent District Judge......

 

 

[patterns]

HI Puma85, im going through the same thing at the moment although one step behind you. How did the mediation call go? are you able to share anything?

[puma85]

The trial date is in a weeks time. 

 

this is what I has happened recently;

 

10th March - Court sent trial date letter requesting deed of assignment or fees for claimant to pay. 

16th March  - Letter from Lowell with redacted deed of assignment. Plus further request for tomlin order

 

25th March - Witness Statement

 

RC-1 response to request for information on the account

RC-2 Account Statement

RC-3 Notice of Default( 27-06-2014)

RC-4 Notice of assignment of debt (22-07-2015)

RC-5 Multiple Letters sent by Lowell offering payment plans

RC-6 Lowell response to my request for default notice (wasn't supplied), and an offer I made for 50% payment to close the account

RC-7 Lowell providing account purchase agreement to the court

 

additionally;

Digital Signature Application Details

Pre-Contract Credit Information

Credit Card agreement Regulated by the Consumer Credit Act 1974

 

 

 

 

[AndyOrch]

I see we have 4 month gap of no updates......

 

So have you completed your witness statement and disclosure...as per the Notice of Allocation you refer to as a " letter " dated 10th March ?

 

Andy

[puma85]

No.. the 'letter' from 10th March is titled 'Notice of Trial Date'

 

It requests additional information from the claimant, not the defendant?

 

The only other 'letter' I had from the court before that was 'General Form of judgement order' on the 13th January. This also requests additional information from the Claimant. (this was my last post here). 

 

Since the 13th Jan, I've only had the Notice of trial date from the court. 

Edited May 12, 2020 by puma85

[dx100uk]

pdf please.

 

dx

 

[puma85]

as requested;

court.pdf

[dx100uk]

Have they paid the fees?

[puma85]

I believe they submitted the additional information. 

 

attached are the cover letters of two sets of documents they sent after the 10th March 'Notice of Trial Date' requesting additional information or the fee of £170.

 

[dx100uk]

removed 

1st is unredacted?

 

need the docs too they mention.

 

 

[AndyOrch]

Right ...so it looks like the court is dispensing with the normal allocation route and putting the pressure on the claimant to disclose all relevant...which I assume they have complied with...not sure how you can go to trial without submitting a witness statement and disclosures.

 

Strange.

 

Andy

[puma85]

So the most likely scenario is I've somehow missed the letter and thrown it away, or it got lost in the post. Both seem pretty unlikely, but I can't think of any other explanation. 

 

So where do I go from here? I presume if I do turn up at court Lowell will win by default as I haven't submitted a plea.     

 

A notice of adjournment arrived this morning.  

 

Order 2.

is requesting both parties consent on a judge determining the outcome without a hearing.

As they do not have my witness statement I presume I need to request an oral hearing instead?

- I then have enough time to supply one. 

 

adjournment.pdf

[AndyOrch]

Puma check with Lincoln County Court if a Notice of Allocation has been served and when...and request a copy if so.Inform them that you have never received one so you have not had opportunity to prepare or submit any documentary evidence (Statement or disclosures) as per the Directions for any hearing....with or without an oral hearing.

 

You must be allowed to submit  your evidence otherwise you are severely disadvantaged.

 

Andy

[puma85]

thanks andy, done. 

 

 

 

 

 

[puma85]

I finally received a copy of the Notice of Allocation. the hearing was pushed back quite a way due to COVID19, but I now need to spend the next few days putting together my witness statement. 

Any help with this would be greatly appreciated!
 

claimants_ws.pdf

 

 

[dx100uk]

can we see a copy of the PAPLOC reply you sent please?

because if you did send our std reply as you were advised

that is not partial admittance to some of the balance

[puma85]

I'll dig out the PAC LOC response. I'm certain I followed the advice given here, but prior to discovering this site I did have correspondence with Lowell in an attempt to negotiate a lower settlement fee.  
 

[puma85]

I believe this is the PAP LOC response?
I selected  "I dispute the full amount claimed as shown on the Claim Form"
 

 

pap.pdf

Edited August 30, 2020 by puma85

[dx100uk]

no thats your defence to the claimform..

 

go back to post 1 

how did you reply to their PAPLOC

did you follow post 2 of the thread andyorch pointed you too in post 2 

 

and replied EXACTLY as we say their?

they are stating in their WS that in your PAP reply you part admitted the debt...

 

dx

 

 

[puma85]

 

Apologies, In that case then no I did not admit to the debt -

I did not formally reply to the PAP. 

I did make contact with them in an attempt to settle for 40% of the debt (they had offered me this figure previously). 

[dx100uk]

so their point 3 is a lie?

 

3. Hereto exhibited at "RC7" are copies of all the documents and Particulars of Claim which rebut
the allegations raised by the Defendant in his Defence. it further evidences the Defendant
admitting liability in response to the Pre - Action Protocol.

[puma85]

Its either an outright lie, or they are counting my attempt to settle at 40% as a response to the PAP. 

[dx100uk]

there is no letters from you admitting anything after the paploc 5/7/19

they are lying, this needs highlighting in your WS

 

when is the hearing?

 

dx

 

[puma85]

Unfortunately I cant find the email referenced above.

But, I think I did try to settle with them after I received the PAP 

The court date is 30th September, which gives me until Wednesday to get the defence in. 

[AndyOrch]

Quote

The court date is 30th September, which gives me until Wednesday to get the defence in. 

 

Witness statement with evidence....you have already submitted your defence.