Lowells PAPLOC now claimform - old Vanquis card debt ***Claim Dismissed***

[king100]

Hi

 

Received a letter before action so sent a CCA request back

 

They have returned with a digital signature application form but there is nothing stating the credit limit, % Apr.

 

1.Is this enough for them to proceed to court?

 

On another note, I am in the process of moving house,

 

1. Do I legally need to inform them of me moving house?

 

2. If my mail is returned to them but they issue court proceedings to my old house and I dont get the paperwork, does that reset the time? ie if I left appealing the CCJ until after the 6 years?

 

3. How do you defend digital signatures?

 

 

[dx100uk]

you should have replied as post 2 here by asking for advice first.

 

whats the debt all about please?

 

dx

 

[king100]

Its for a credit card.

 

I thought that a CCA request would then have all the details ie statements terms and conditions etc.

 

Do I need to SAR them instead?

 

1st Letter Received

So sent request.

 

Lowell.pdf

 

This is their reply

 

 

 

 

 

Edited March 14, 2020 by king100

[dx100uk]

that's not a letter of claim.

 

dx

 

 

 

 

[king100]

Whats the next step as there isnt much to go on?

[dx100uk]

well the paperwork is crap and has lost them quite a few court cases where they've taken these vanquis card debts to court if you use our search.

 

so they've yet to issue a letter of claim.

so that night be their next step..

[king100]

Just received a letter of claim from Lowell. Old Vanquis debt.

 

Default Date was May 2016.

 

Now what I would like to know is if I want to make an arrangement, would this then update my credit file? All I am getting on file is D.

 

I cant remember this debt, lot of things have happened since then and I have various credit cards then.

 

If I was to contest it what would I need to do now?

 

Thanks

 

[dx100uk]

threads merged for history

 

you follow as post 2 in the thread mentioned above already 

repeated below:

 

 

 

dx

 

[Bazooka Boo]

There is absolutely zero point in making an arrangement to pay, all this does is mark your credit file with AP markers, even worse than D.....

 

You've got two more years of default markers on your CRF, then it'll drop off your file never to be seen again.

 

If Vanquis didn't want their 3k then why do you think they flogged it on to these clowns?

 

Lowlifes are simply hot air, until anyone comes up with enforceable paperwork then sit on your hands, file lowlifes silly missives in a drawer and forget about them, unless they think they have any evidence to put this before a judge, they're simply willy waving.

 

P.S. what's this ''notice of acting'' malarkey they're spouting on about?? Next thing they'll be telling you their letters are ''Valid even if not read by you!!''

Edited October 3, 2020 by Bazooka Boo

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

...................

 

 

did you send the PAPLOC reply as directed? and a CCa request?

 

dx

[king100]

Sent PAPLOC and reply as below

 

Hopefully thats correct

king100.pdf-min.pdf

[Bazooka Boo]

All I am seeing here is them sending you standard responses to whatever letters you're sending them.

 

In my opinion, I'd be ignoring them, if Vanquis flogged this on then it's a toxic debt and something must be wrong with it, otherwise Vanquis would be wanting the money back.

 

If you rattle their cage too many times then they'll put you to the top of their list of mug awaits fleecing and scare you into paying money you don't owe.

 

Have they actually sent you a PAPLOC letter? Or is all you have this drivel?

[king100]

This was there response from the PAPLOC letter

 

 

[dx100uk]

thats the usual rubbish they trot out for a vanquis CCa return

and have discontinued/lost numerous court claims here over those already

and ofcourse no reams of relevant T&C's

and no proof of IP address used.

as i said in your merged thread now back in march.

 

type in lowell claimform vanquis

in our search top right.

and get reading up.

 

pers i'd sit on your hands 

[king100]

Read a few so yup sit on my hands and wait.

[king100]

Lowell Solicitors have now issued a County Court claim.

 

Any help appreciated.

 

 

[dx100uk]

please complete this:

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

title update and moved to legals

 

dx

 

[king100]

Name of the Claimant ?

Lowell Portfolio Ltd

 

Date of issue

30 Nov 2020

 

 

Particulars of Claim

1.The defendant entered into a consumre credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (the agreeement)
2. The defendant failed to maintain the required patments and arrears began to accrue
3. Teh agreement was later assigned to the claiment on 29/09/2017 and notice given to he defendane
4. Despite repreated requests for payment the sun of £XXXXX remains due and outstanding
And the claiment claims
a. the said sum of £3200
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, accuring at a daily rate of XXX but limited to one year being £250
c. Costs

 

What is the total value of the claim?

3700
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Yes received prior notice
 

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?

Nope

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 ?

Nope
 

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?

Apparently according to the paperwork
 

Did you receive a Default Notice from the original creditor?

 Not that I have paperwork for
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

Unsure
 

Why did you cease payments?

Couldent afford it
 

What was the date of your last payment?

According to statement 05-10-2015
 

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

Nope
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Nope

 

I have requested paperwork but all they have sent me is as above.

Edited December 7, 2020 by king100

[dx100uk]

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..

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
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[king100]

AOS DONE.

 

Sending letter tomorrow asking for the information.

 

As previous I have the application form but do not have a copy of the terms and conditions NPTA08 that they reference.

 

[dx100uk]

i would pers leave the cpr as is..

don't specifically point to what is wrong in returned paperwork to date.

keep your powder dry.......

 

use our enhanced google search box

 

lowell vanquis claimform.

 

you'll see there are numerous previous court claims from lowells and vanquis debts here already

read them carefully

mostly we win if played correctly as they discontinue the claim once fronted out.

 

[king100]

Ok, just sending letter as is.

 

Thanks for your help today.

[king100]

ok sent letter but no reply.  Date of court is 30th Nov, is that 33 days inc weekends or 33 working days.

 

1st of Jan if 33 days inc weekends.

 

What should defence be as I know people might be away during Xmas.

Edited December 23, 2020 by king100

[dx100uk]

as advised earlier

plenty of lowell vanquis claimform threads here already

use our search top right

or our enhanced google search box

 

you know the game same as your 2018 claimform

 

[king100]

Defence

 

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 particular allegation to which a specific response has not been made.

 

Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement ; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 
As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Despite numerous requests being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars and on payment of the statutory fee of £1.00; the Claimant remains in breach of the Sec 78 request.

 

They have failed to supply under Section 61A (1) a copy of the agreement on numerous occasions and such the defendant states that Lowells in fact does not have a copy of this agreement and any copy produced at this time is not a true copy of the original agreement.

 

A further request made via CPR 31.14, after the claim had been issued, requesting other documents on which the Claimant claim relies upon.

The claimant has failed to respond.

 

Until such time the claimant can comply with the above sec 78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.