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puma85

Lowell PAP letter now claimform - Vanquis card debt

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no its a letter of claim under the pre action protocols

its not an N1 claimform from THE COURT.

 

PS had to take that down & the copy in post 1

your name is showing.

next time

please use PDF so we can zoom and not miss important text not redacted properly

 

dx


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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?

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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.


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

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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!

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I received another letter today.

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

 

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

 

please complete this:

 

 


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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

 

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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]
 


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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 

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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 by puma85

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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.

 

 

 

 

 

 


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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 by puma85

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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

 


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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 1st 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 1st 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.

 

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


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4 hours ago, Andyorch said:

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

 

Perfect. Thank you!

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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? 

 

 

IMG_20191007_200420.jpg

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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

 


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

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Check MCOL and see the last entry status...if its defence submitted...then lowell are a tad premature and have not filed it yet.If it states allocated...then you should have had your blank N180 through anytime.....once received use the following and complete it on screen ...looks far more professional than hand written..print 3 copies.

 

 

 

Regards

 

Andy


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Thanks both. 

 

Yes I have read a number of Lowell claim threads in the downtime. 

 

I did wonder if they had been premature, thanks for confirming. 

 

This is all MCOL says;

 

Claim History

Your acknowledgment of service was received on 04/09/2019 at 08:05:36

Your defence was submitted on 16/09/2019 at 18:38:20

Your defence was received on 17/09/2019 at 08:06:04

 

The 'Acknowledgement of service' and 'Response Form' sections are showing as being completed by me, there doesn't seem to be an option to do anything else right now.

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Then they have not submitted the DQ as yet...otherwise it would state allocated after defence


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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