Lowell PAP LOC now claimform - Vanquis+Talk Talk

[belgarion22]

Hi All

 

I received a letter today from Lowell Solicitors, notice of pending legal Action they have combined two debts together into one and are threatening to take court action.

 

The debts are for Vanquis Credit card and talk talk

 

I know their are late payment fees and credit protection on the vanquish and the talk talk is mostly early termination and a mobile 30 day sim that they refused to disconnect  saying that I did not cancel it correctly.

 

I cancelled my talk talk account due to 3 data breaches during the contract and I will admit that due to no payment the vanquis account was closed.

 

I need help with the form Lowell have sent and what I can dispute and how.

[AndyOrch]

Hi

 

Have they sent the following....?

 

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/

 

 

Andy

[comebackjimmy]

Hello

 

Have you got any of your paperwork from the Vanquis account?

 

First thing you can do is check if it is Statutory Barred.

 

You should have received a Default notice and provided you did not pay anything after this date or acknowledge the debtg in any other way then the account cannot be enforced in the courts after six years of the date of the default notice.

 

(I mention this because Vanquis are taking a poke at me and my defence will be Stat Barr).

[belgarion22]

Hello Andyorch

 

Sorry for not replying sooner have had some family issues, 

 

They sent me the pre action protocol just not sure what to do with it. I am going to defend both on the grounds that the Talk Talk bill has early termination fee and they carried on charging for a mobile phone sim because according to them I did not cancel it correctly despite the fact that it was a 30 day rolling contract.

 

The Vanquis bill is in dispute because it has late payment fees over limit fees default fees and their New Version of PPI 

 

Hi Comebackjimmy

 

The Vanquis bill is not statue barred it was last paid in 2016 due to wife and son both losing jobs at the same time and not getting back into work for 6 months so something had to give

[AndyOrch]

Instructions on how to complete the Pre Action Protocol are contained in the link I provided in post # 2

[ericsbrother]

they cant represent 2 clients in one action so that makes you wonder if they have any authority to act at all.

It sounds like they are just using their name as solicitors to apply pressure for you to pay them whilst acting as a dca rather than a solicitor (perfectly legal)

Post up the letter with your personal details redacted and people will advise on what to do if anything. the most likely response will be to deny that any monies are owed to their clients and that a counterclaim would be a possibility.

[AndyOrch]

There isn't two clients EB both debts assigned to Lowell...both could be amalgamated should they litigate...or separate claims for each debt

[ericsbrother]

the OP was asked about this and didnt say they were legally assigned, just the solicitors had sent  a PAP letter.

So that does beg the question  did the original creditors send you a letter of assignment to show the debt had been sold to Lowells? may well be on Lowell headed paper

[belgarion22]

Hi The debts were assigned to Lowell in 2016 had letters for both.

[dx100uk]

ok so PAP reply time as the link

[belgarion22]

got a letter today from Lowell

 

apparently I sent the pap to the wrong address

they changed the refence number to on for their solicitor's

so I put an incorrect reference on

 

then told me they do not have to send it to the correct office or use the reference for that I used

 

and have now issued court proceedings adding a further 400 to the bill,

 

they also tell me that they now do not have to send me any paper work or provide any further information. 

[AndyOrch]

Have you actually received a court claim.....or is this still at threat o gram level ?

[belgarion22]

Hello Andyorch

 

No court claim just their solicitor telling me it had been issued and that they did not have to comply with pap because sent to wrong office and old reference number used, apparently when it is sent to the solicitor's the Lowell reference number changes.

 

I could the reference number on the previous letter because I could not find the pap letter they sent me.

and he said no longer have to accept it as it is now passed 30 days.

 

I pointed out to him that it was served to Lowell in Northampton so it still counts as it is all one company with a linked system as Northampton themselves proved when they told me it was a refrence for the leeds branch and could see it on their system.

[dx100uk]

well its immaterial its out of time whatever number or address you used.

 

don't quite understand whats really going on here

you haven't received an N1 claimform pack from northants bulk court

so ignore lowells stupid letters unless you do.

 

if you wish to repeat it using the correct address and number do so.

 

[belgarion22]

I hav not had anything from northants bulk clearing, I was told after numerous calls I made yesterday that they had filed ythe paper work with the court so just going to wait and see what happens next 

[dx100uk]

pst..little tip

stop ringing powerless fleecing DCA's

never ever do that.

they will do and say anything on the phone to spoof you out of money

that they will not put in writing as they know they'll get sanctioned.

 

dx

 

[belgarion22]

I received the court paperwork this .or ings it was filed yesterday the day after I spoke to their solicitor his name is on the paperwork so he was well aware they had not auctioned the pap

[dx100uk]

please complete this:

 

 

 

[belgarion22]

Lowell Portfolio 1 Ltd

 

Date of issue 16/08/19.

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

1. The claim comprises the following agreements the defendant entered into

a. Talk Talk telecom Ltd with reference (Account Number) and current balance 485.

b. Vanquis Bank with refrence (Card Number) current balance 596

The agreements were terminated as payments were not maintained and subsequently assigned to claimant.

and the claimant claims.

a) the total of the said sums being 1080.

b) interest pursuant to s69 county courts act 1984 at the interest rate of 8% per annum from the date of assignment to the date of issue. but limited to one year, being 7

C) Costs

 

 

What is the total value of the claim? 1317

 

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?No

 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card and landline/mobile

 

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 ? card on line / landline mobile by phone

 

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? cant remember

 

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

 

Why did you cease payments? on the vanquish card because my wife lost her job and at the same time so did my son so all household bills became my responsibility. the talk talk was canceled by me , due to at least two data breaches ant the mobile was canclled as it was a monthly contract I no longer needed but they carried on charging me for a further 4 months claiming I did not cancel it correctly

 

What was the date of your last payment? 2016

 

Was there a dispute with the original creditor that remains unresolved? yes to both

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

[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 for the card

get the above running too for both 

 

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

[belgarion22]

Hello 

 

I got back from holiday today to find a letter from Lowell solicitors, I have tried to upload it but it keeps failing

 

[belgarion22]

Hi The Letter reads as follows

 

We confirm receipt of your recent correspondence dated 17/08/19

 

with regards to the acknowledgment of service, we can confirm receipt of this and the appropriate action has been taken.

 

as you are aware the reference number noted on the right is in relation to accounts held with talk talk and vanquish, the balances of which have been consolidated.

 

Claim 1: TAlk Talk

 

in relation to the above account, as this is former telecommunications matter, it is not regulated by the consumer credit act 1974, this means that the original creditor is not required to retain a copy of the Agreement and therefore we are unable to request a copy of this document. A default notice is a formal letter which is sent to a customer when they fail to maintain payments on their credit agreement. Mobile phone accounts have a service agreement and therefore a default notice will not have been issued as it only applies to the credit agreements, the terms and conditions can be found on the original creditors web site.

 

we have requested copies of the statements and notice of assignments for your attention.

 

Claim 2 Vanquis

 

We have requested copies of the agreement, statement, default notice and notice of assignment. once a response has been received, this shall be forwarded to you. You will appreciate that we are unable to control the time within which we receive a response from our client.

 

As you are aware a county court claim has been issued with deemed service date of the 21/8/19. you should read it fully and respond to the claim aqainst you deem appropriate, you may wish to seek independent legal advice with regards to this matter.

 

Failure to respond to the county court claim within the time frame provided by the court may result in us applying to enter a county court judgment (CCJ) in default to be entered against you. this would mean further costs and could make it difficult for you to obtain credit, morgages, or even some employment whilst it remains unsatisfied on your credit file for six years

 

we trust this clarifies your position. 

[dx100uk]

Std letter they send

[belgarion22]

I need to start my defence, going to sent sar to all parties, but not sure weather to start defence with fact the failed to campily with pap and build from thier 

[dx100uk]

Sar why?

 

Dx