Lowell Vanquis CCJ - now letter threatening bailiffs

[andrew1402]

Hi guys sorry to bother you

 

Im having problems with Lowell for a debt that's about 2 yrs old now with vanquish.

 

They are phoning every day and letters every other day

 

I know I have been naughty and not paid outstanding balance of over £2000 but I did try to negotiate at the time with Vanquish as I came out of work but the requested payments were too high to manage so it spiralled out of control.

 

Now it's gone to Lowell and latest offer is 40% off £1555.10 and if don't pay in full they will:

 

1.applying to county court for attachment of earnings which means your employer will have to pay directly from my wage

 

2.Instruct Court Bailiff to attend your home and recover money from you directly.

 

The account balance according to LOWELL is £2591.84 and I have had no statements of either Vanquish or LOWELL comfirming this amount.

What should I do at this stage?

 

PS Vanquish did advise debt management company and gave them my ins and outs but as I said they(Debt Management Company) wanted £400 a month which I clearly couldn't afford I gave up this stage and I said time past and on to LOWELL and many phone calls and letters ever since

[silverfox1961]

Hi

Are you able to post the letter up because I think you may be paraphrasing slightly. (cover up all personal info and post as a pdf)

 

Lowell can only get an attachment to earnings if they have already taken court action. They cannot just apply with no judgement to back them up.

 

In the same vein, no bailiff can call unless there is a judgement in place.

 

In the library are some letters to assist you in getting them to back off. If you choose to phone them, record the call-every time.

 

You have a right to be contacted in a way that is acceptable for you so long as you maintain communication.

 

They cannot force you to pay more than you can afford.

[SabreSheep]

Hi there Welcome to cag

 

First of all we need more information in order to help you.

 

1) Who was the debt with originally

2) Who OWNS the debt now

3) Rough Amount

4) Type of Debt - Credit card, overdraft, utility, phone

5) Rough year it was taken out

6) Stage the debt is in. - Have you received a N1 claim form? If so when and what happened

 

At this stage, COMMUNICATE ONLY IN WRITING If someone phones from them, do not answer their security questions and tell them "In writing only" and hang up.

[andrew1402]

Hi SabreSheep thanks for replying

1 is Vanquis

2 Lowell own it now

3 £2591.84

4 Credit Card

5 no I haven't received an N1 form yet

I haven't received any statements from the debt since last payment which was about 2 yrs ago.

[SabreSheep]

Ok well the good news is that without an N1, lowell would have to take you to court as Silverfox states above before they can do anything like the threats in their letter.

Follow his advise above.

 

You tell them in writing WHAT YOU CAN AFFORD to pay, not the other way round. even if after completing an income and expenditure sheet for yourself and taking into account priority debts first that leaves just £1 a month.

[AndyOrch]

Lowell and latest offer is 40% off £1555.10

 

I personally wouldn't be making any contact...apart from requesting the agreement:madgrin:

 

Andy

[citizenB]

When you say the "debt is 2 years old", is this when you entered into the agreement.. 2011/2013 ? Or the point at which you defaulted.

[renegadeimp]

Send the CCA request. Lowrlls offering a discount mean that for some reason they can't enforce the debt and are bluffing you into paying.

 

Nip it in the bud quick as lowrlls may very well try their hand in court.

[havinastella]

When did you open this account?

 

What was the credit limit?

[andrew1402]

Hi guys sorry to bother you all again

and had a bit of trouble with some posts on here lately

 

I'm going to put a few details from the Claim Form and this was sent to my wife

who is only working PT 15 hrs a week and done a silly thing

and totally ignored the countless letters and countless phone calls from Lowell Portfolio

and Lowell solicitors anyway here goes.

 

(1) issue date on claim form 09 June 2016..

 

(2)The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference (Blank)for security reasons I left that out ('the Agreement')

 

(3)The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

(4) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.

 

(5)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.

 

 

And the Claimant claims

(a)The said sum of £1,597.56

(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 £0.350,

but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.

 

on the other side I have the court Address which doesn't sound right but

COUNTY COURT BUSINESS CENTRE

4th Floor St Katharine's Street

Northampton

NN1 2LH

 

Which I know we can't get too also a court phone number 0300 123 1056

 

Then it states The defendant has limited time

and a website to respond to claim www.moneyclaim.gov.uk with a special password.

 

Next in a box Amount Claimed £1725.36

Court Fee £105.00

Legal representative's costs £80.00

Total Amount £1910.36

 

What can I do next to help my Wife with the claim

 

 

please help it's got us really stressed out and worried

[dx100uk]

great thanks

ok can you fill this out please

so we have all the correct info to advise you correctly.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[andrew1402]

I will try to do that after is it worth sending a CPR to Lowell?

[dx100uk]

yes .

that link is important

please get it done

 

 

dx

[martin2006]

CCA To Lowell Portfolio

 

CPR to Lowell Solicitors

 

The northampton address is the bulk clearing center, if it progresses it would be transferred to your local court but thats all a way down the line.

 

Fill out the link that dx has posted, copy and paste it to the thread and answers in red for ease of reading.

Include the PoC in red also please

 

If you havent done so already go to mcol website and register

Tick defend all

Leave jurisdiction unticked

Log out

Edited June 14, 2016 by martin2006

[andrew1402]

Name of the Claimant ?Lowell Portfolio

 

Date of issue – 09 June 2016

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

 

 

(1)The Defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference (Blank)for security reasons I left that out ('the Agreement')

 

(2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

(3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.

 

(4)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.

 

And the Claimant claims

(a)The said sum of £1,597.56

(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 £0.350,

but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.

What is the value of the claim? not sure

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? after

 

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? not sure

 

Did you receive a Default Notice from the original creditor? can't remember

 

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

Why did you cease payments? came out of work

What was the date of your last payment? not sure

 

Was there a dispute with the original creditor that remains unresolved? not sure

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

 

not sure why some of this didn't come up red as I set it to red

 

is MCOL www.moneyclaim.gov.uk is this what you mean and just put defend all?

 

I forgot to put my wife was unemployed at the time and ticked unemployed, HouseWife and still got the credit card

[AndyOrch]

not sure why some of this didn't come up red as I set it to red

 

Done......andrew I think you need to research a little more and provide some answers to the " not sure " and " cant remember " responses....there is very little for us to go at above.

 

The value of the claim is £1,597.56 + court fees.

 

Andy

[andrew1402]

thanks for the reply andyorch

 

I am only giving the information I know of and as for value you say £1,597.56 +court costs

 

I have two amounts on here with court costs the other is on the first post £1,725.36 +court costs of £105.00 and representative costs of £80 giving total of £1,910.36

 

that's why I said not sure didn't know which one to put

[AndyOrch]

I can only go off what you have typed as the particulars above......as I cant see the actual claim form but ...the debt is

 

(a)The said sum of £1,597.56 plus costs (court fee and Sol ) the rest is speculative section 69 interest that has yet to be determined.

[andrew1402]

I'm in the process of sending a CPR to Lowell Solicitors at the moment

[martin2006]

And a CCA to lowell portfolio i hope!

[andrew1402]

yeah done that too martin

 

now I have update from Lowell

a letter in fact that sounds a bit nasty to me,

 

the letter starts off by saying they have noted the contents of the letter

and they have requested a copy of the agreement

and statements and once they have received them

they will forward them on to my wife

 

however this is for information only.

the next paragraph says as follows,

 

"Our client is not required to provide you with The Deed of Assignment

as it is a confidential agreement between out client

and the original creditor and contains personal information

which you have no reason to be privy to and will not provide to you.

 

No other contract or a "Deed of Novation" exists which our client is under no obligation yo provide you with.

 

Your account was assigned to our client from Vanquis

and a Notice of Assignment was sent to you confirming the same."

 

My wife doesn't recall receiving a Notice of Assignment..

 

I missed out the letter came this morning with a date back to June 30th 2016

[AndyOrch]

Our CPR 31.14 does not request a copy of the Deed of Assignment.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[andrew1402]

that's what I thought don't even know anything about that what are they upto?

[AndyOrch]

that's what I thought don't even know anything about that what are they upto?

 

Shame .....they must think a Notice of Assignment is a Deed of Assignment

 

Can't wait to read their witness statement

[andrew1402]

what do you mean I'm unsure what's happening now?