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

[king100]

Here is what received minus another statement.

 

As advised

 

default notice.pdf

 

just for info notice to default above actual default date 31 May 2016

[AndyOrch]

1 hour ago, king100 said:

just for info notice to default above actual default date 31 May 2016

 

States 2nd Dec 2015 and must be paid by 21st Dec 2015 = 19 days. 

[king100]

Default date of 31st May 2016 is whats on my credit file.

Edited November 16, 2021 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

So they registered it 5 months later......but statute of limitations would run from 21st Dec 2015 

[king100]

Any reason to upload Tomlin order? And default letter?

 

Since ive never been given terms and conditions just a application form. Ive havent been down this path before. Last time they just went to court snd won as they had t&cs.

 

Is this a hail mary for to cave and sign?

[dx100uk]

the reason i wanted the dn £ figures is because vanquis often add hidden DN fess for issuing one.

 

they have this time too.

the sum stated to pay is £200

But only over limit by £150..

Where this extra £50 fron?

Dn void as includes fees??

[king100]

Are you suggesting the default notice is void as includes £50 fee?

[dx100uk]

Well something smells 

why exactly £200 to pay..

doesnt make sense 

 

In all the faff of you misunderstanding just about every part so far..it might pay you to send vanqu is an sar?

[king100]

Do you think if they had T&Cs that they would have produced it by now? Lowell that is?

[dx100uk]

you'd do far better and read all the other vanquis claimform threads here.

 

[king100]

Update

 

Received mediation appointment.

 

Am I basically stating that they do not have a true and original copy of the terms and conditions and they should drop the case?

 

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I’m available for the entire time slot on the date of my appointment.

[dx100uk]

On 23/01/2021 at 18:47, dx100uk said:

mediation has always been by phone..

if when it actually happens

the same q's ..are asked again as the n180 form

if you've not received enough information to make an informed decision to progress it. Then tell them so

 

[king100]

No 2 says I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation. I dont have enough information, should I email back and state this or wait till I am on the call?

[dx100uk]

as clearly stated in numerous claimform threads in this forum you should enter into the 'spirit' of mediation by giving the claimant as much time as possible to comply with your requests, your actual mediation call could still be weeks away, where the same 3 questions should be asked to you again by the mediator before the mediation starts, whereby if nothing more has been received, you would answer NO to Q2.

 

your choice if you answer no now, or continue to await possible further disclosures before mediation happens.

 

 

 

 

[dx100uk]

open

 

dx

[king100]

Just an update, havent had any new paperwork with T&Cs, so couldent do mediation.

 

Court date set for mid dec.

 

Guess its witness statement now.

 

 

[dx100uk]

well if they dont cough in their exhibits then gameover..

[king100]

When does my witness statement need to be in by and who do I sent to? Has to be 2 weeks before the trial?

[dx100uk]

read your n157 page 2.

to court+sols - typically 2 weeks in front of hearing date.

[AndyOrch]

1 hour ago, king100 said:

When does my witness statement need to be in by and who do I sent to? Has to be 2 weeks before the trial?

 

We wouldn't know given you have not uploaded a copy of your Notice of Allocation  

[king100]

I have misplaced my copy, they have paid the fee and I have confirmed the court date is the 15th Dec. Trying to get a copy of the N157 now.

 

Witness statement 1st draft

 

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.

 

7: The defendant has requested on numerous times a copy of the CCA, the first time ( do not have letter) claimant has replied back on 23/11/2020 with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements. Defendant then again requested on the 07/12/2020 (see letter attached) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice.

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

 

DEFENCE:

 

9: The claimant has not provided a true copy of the CCA despite numerous requests being made. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasent provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.

 

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

 

11: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 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.

 

12: The information provided on letter dated 02/12/2015 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request any information and as such any information dated 02/12/2015 provided by vanquis should not be used as evidence. ( This is a notice of default)

 

IN CONCLUSION:

 

13: 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

 

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

 

Signed 

Dated this day……. 

[AndyOrch]

1.The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (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

 

 

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 never stated that you did enter into an agreement with them

 

 

.

[dx100uk]

2 hours ago, king100 said:

12: The information provided on letter dated 02/12/2015 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request any information and as such any information dated 02/12/2015 provided by vanquis should not be used as evidence. ( This is a notice of default)

 

we've travelled this road before if you re read your thread.

 

you sent a CCa request , you sent a CPR 31.14, they are entitled to request such info from the OC, 

 

you need to p'haps include the DN includes fees for issuing one, under section 87/88 etc of the CCA , a DN should not include unlawful fees in its sum requested.

 

it their not also an issue with the Notice of assignment from the DCA/OC having a differing date from that in their POC?

[king100]

2nd Try

 

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: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Page X and page X) was sent to the defendant. 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 unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant

 

7: The defendant has requested on numerous times a copy of the CCA, the first time ( do not have letter) claimant has replied back on 23/11/2020 with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements. Defendant then again requested on the 07/12/2020 (see letter attached) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice.

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

9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested.

DEFENCE:

 

10: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.

 

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

 

12: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 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.

13. The notice of assignment dated 11th May 2017 states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates (not sure what to say)

 

IN CONCLUSION:

 

14: 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.

15: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.

 

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

 

Signed 

Dated this day……. 

[AndyOrch]

On 16/11/2021 at 14:28, Andyorch said:

1.The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxx (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

 

 

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 never stated that you did enter into an agreement with them

 

 

.

Ill post this again as its also in your second attempt.