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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   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 c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. 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; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as 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.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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lee19921992

Lowell - Vanquis - Court ***Claim Discontinued***

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Hello all,

 

Im currently at the stage where i need to submit my defence in court with Lowell and need some help if possible.

 

they say i owe them £873.34 for an old vanquis credit card back 2016,

i defended this when the county court documents came as i really couldn't recall the debt and the balance was quite high,

Said i was never served with any default notice or a copy of the agreement. 

 

Llowell have provided their reply to defence which i can upload, and it does show a copy of the default notice but no agreement.

 

there is a hearing in November, which Lowell need to pay £80.00 for,

today i  received a Tomlin order from Lowell offering me to pay them monthly which will cost me £100.00

 

I need to draft a defence back to the county court, but unsure what to say, kind regards

 

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Please fill this out <<<<<


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that's a std letter from Lowell about the tomlin..begging letter.

 

so you have gone thru mediation

its been allocated to a court [date please]

 

you have to now exchange witness statements

 

are you saying you have lowells WS??

if so scan it ALL up to ONE multipage PDF inc exhibits 

read upload ...redact things carefully but leave in all dates and amounts.


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Name of the Claimant ? Lowell

 

 claim was issued against you on 14/05/2019

 

Your acknowledgment of service was submitted on 17/05/2019 at 09:59:18

 

Your acknowledgment of service was received on 17/05/2019 at 12:05:34

 

Your defence was submitted on 18/05/2019 at 17:21:19

 

Your defence was received on 20/05/2019 at 01:07:14

 

DQ sent to you on 23/06/2019

 

DQ filed by claimant on 23/06/2019

 

You filed a DQ on 19/07/2019

 

Your claim was transferred to @@ on 19/07/2019

 

 

Particulars of Claim

 

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 29/09/2017 and notice given to the defendant.

 

4) despite repeated requests for payment, the sum of £688.28 remains due and outstanding.

 

and the claimant claims

a) the said sum of £688.28

 

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 £0.151, but limited to one year, being £55.06

 

c) costs

 
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? i did 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? no


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

 

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 but showing as llowell only

 

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.  been issued by llowel

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? i cant remember

 

Did you receive a Default Notice from the original creditor? i cant remember 

 

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? i have some financial problems

 

What was the date of your last payment? don't know

 

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?  i did stupidly, because i believed them over the phone

 

ill upload the documents tomorrow, i ticked no to mediation ( didn't see the point) , the court hearing is on the 25th November. 

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did you send a CCA request and a CPR 31:14 request


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that's the n157

so check with the court the day after to see if they pay the fee,

 

if they do then ws time.

no harm in working on your ws now mind lots here Lowell and old vanquis debts.

 

 

  • Thanks 1

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

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Single Premium PPI Q&A Read Here

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Afternoon, please see attached, 

thanks

 

On 12/10/2019 at 19:55, dx100uk said:

did you send a CCA request and a CPR 31:14 request

 

I haven't.

Would it be too late to ask for this now?

And would this be sent to llowel and vanquis?

Thanks

Claimants Reply To Defence.pdf

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well they are saying they are getting the agreement etc etc so no need now

but it could be fatal if they don't.

 

just a quick run thru

and I can almost total £300 in fees 

and with the interest rate they attracted 

that could be worth a few £100's more should this ever come to negotiating a tomlin order.


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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

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We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.

 

Andy


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good afternoon, thanks for your reply's. 

 

and the defence is below 😐

Defence

I cant even remember taking this debt out,and i never received Any
Documents showing me the alleged balance Llowel are claiming for
or my agreement.
 

 

On 13/10/2019 at 20:55, Andyorch said:

We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.

 

Andy

 

thank you i will do this now Andy

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17 hours ago, lee19921992 said:

good afternoon, thanks for your reply's.  so the particulars of claim i cant seem to find the original claim form i got from the court so i can show you what it says..., how do i go about getting a copy of this?

 

and the defence is below 😐

Defence

I cant even remember taking this debt out,and i never received Any
Documents showing me the alleged balance Llowel are claiming for
or my agreement.
 

 

Where......?   The above ?

 


We could do with some help from you.

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

 

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🙈 i wish i read on this forum before i submitted the above to the court.

But yeah thats all i said..

 

i feel the court is giving me a chance at least .

Im not sure on how to go on this tbh, am i wasting every ones time, because tbh i have no idea what im doing.

 

Cheers.

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On 13/10/2019 at 13:37, dx100uk said:

that's the n157

so check with the court the day after to see if they pay the fee,

 

if they do then ws time.

no harm in working on your ws now mind lots here Lowell and old vanquis debts.

 

 

as post 7^^^

fee is due to be paid by 25th oct.

your WS is due 2 weeks before the court hearing in nov IF lowells pay the fee!!

 

are your next move


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12 hours ago, lee19921992 said:

🙈 i wish i read on this forum before i submitted the above to the court. But yeah thats all i said.. i feel the court is giving me a chance at least . Im not sure on how to go on this tbh, am i wasting every ones time, because tbh i have no idea what im doing. Cheers.

 

Well yes obviously MCOL has accepted your defence as valid.... its now been allocated.You can correct and bolster your defence within your witness statement.Have a look around at some examples of statements ..layout and content and how to refer to exhibits (your evidence).


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Hi all, lowell have paid the hearing fee of £80.00.

No reponse to the CCA request yet.

 

I have asked the court to send me a copy of the claim form so i can upload the particulars of claim for you all. 

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just type it out.

 


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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I have today received a letter today from Lowell about the CCA request.

 

" we write in reponse to your letter dated 18th October 2019.

As you have requested we have enclosed a copy of credit agreement, default notice and the statement.

Please can you respond to us within seven days upon receipt of this letter to complexteam@lowellsolicitors.co.uk.

 

The thing is, all they have sent me is the exact same documents i have already uploaded.??

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well you don't contact them!

 

thread tidied 

POC in relevant info post now


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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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Im defo not going to. 

 

Quick question.

 

The letter from vanquis addressed to me, in how they cant provide me a "hard" copy of the agreement,

llowell keep saying this is the agreement,

 

surely this wont stand up in court !

And i have never contacted vanquis

so i think this letter is fake what llowel have provided.

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plenty of Lowell vanquis claimform threads here to  read

use our search.

 

you'll soon get the idea Lowell are all hot air.

 

dx

 


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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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STATEMENT OF 

I Mr will say as follows: 

 

INTRODUCTION 

1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge. 

 

2: There are several documents attached with this statement. (paginated) 

 

3: It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 

 

4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 

 

BACKGROUND 

5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 

 

6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. 

The claimant claims a notice of assignment was served on the 18/10/2017, this is denied. 

 

7: The defendant requested a copy of the CCA on the 18/10/2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 30/10/2019 with no CCA attached other than the documents the claimants have already provided in their witness statement dated 27th august 2019. 

 

11: The defendant stated in his defence that no evidence of the CCA has been provided. 

 

DEFENCE: 

12: The claimant has not provided a true copy of the CCA despite an request being made but instead received a reponse dated 30/10/2019  stating `please find enclosed a copy of the agreement` 

 

13: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 

 

14: The `so called ` copy of agreement stated in claimants letter dated 30/10/2019 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 

 

15: The information provided on letter dated 27/06/2019 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request application information and as such any information dated 27/06/2019 provided by vanquis should not be used as evidence. 

 

IN CONCLUSION: 

16: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork 

 

17: It is therefore requested that the Claimants Claim is struck out pursuant to the above. 

Signed 

Dated this day……. 

 

i would appreciate some input please, this is just a draft. going to add exhibits in ect..i will donate .. thanks

Edited by lee19921992

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You can challenge the balance in your WS too - see DX's comment about £300 of penalty charges above. That'll give them something to think about.

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I have called the courts today and they have informed me that the claims been discontinued by the claimants! I didnt even  have chance to send the ws to them either! Thank you very much for all your help guys! 😀

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