Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.
You are not admitting it so there can't be anything to mitigate something you didn't do.
pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
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
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
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]
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]
Name Of Claimant - Lowell
Date of Claim - 11th nov 2019
What is the claim for – the reason they have issued the claim?
1) the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx
2) The defendant failed to maintain the required payment, arrears began to accrue
3) The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant
4) Despite repeated requests for payment, the sum of 2247.91 remains due outstanding
And the claimant claims
a)The said sum of £2247.91
b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year, being £xxxx
What is the total value of the claim? £2247.91
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO
Did you inform the claimant of your change of address? NA
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 ? NO
Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST
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 HAS BEEN PASSED TO LOWELLS
Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL
Did you receive a Default Notice from the original creditor? I BELIEVE SO YES
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? NO
Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS
What was the date of your last payment? APPROX JAN 2015
Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%
Just to sum up what has happened through this thread:
- defaulted around May 2015
- 2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA.
- lowells sent pap, replied, they sent again, replied again
- Court claim
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!