Lowell Claimform - OH's Vanquis Card Debt ***Settled at Mediation***

[gwebstech]

Hi

 

My OH has just received a claim form from Northhampton county court for a previous CC with Vanquis. This isnt on her credit file anymore, and she cant rememebr when she last paid anything towards it

 

Can anyone advise what to do please?

 

thanks

 

[dx100uk]

moved

 

please complete this:

 

 

dx

 

[gwebstech]

Name of the Claimant ?

Lowell portfolio

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

7/10/20

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

1) defendant entered into Consumer credit act 1974 with vanquis under account ref: xxxx (the agreement)

2) the defendant failed to maintain the reqired payments and arrears began to accrue

3) the agreement was later assigned to the claimant on 23/9/2019 and notice given to the defendant

4) despite repeated requests for payment the sum of £1670 remains due and outstanding and the claimant claims:

a) the sum of £1670

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment,accruing at a daily rate of £0.38 to the date of issue but limited to one year being £137

c) costs

 

What is the total value of the claim?

£2000
 

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

think so
 

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?

assuming credit card
 

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 probably
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

no
 

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?

yes
 

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

yes
 

Why did you cease payments?

didnt think they were necessary
 

What was the date of your last payment?

not sure, prob last couple years
 

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

no dispute, i just got into debt
 

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

yes i was in a DMP for a number of years

[gwebstech]

just typed out the CCA request and CPR to print and send tomo

 

thanks for the help , ill make a donation

 

great forum

[dx100uk]

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

dont think so

[gwebstech]

sorry, id written it all once then delted it by mistake and didnt notice id not put answered that properly.

 

dont think it was started before 2007, iim almost certain it was after

[dx100uk]

done aos too?

 

dx

[gwebstech]

AOS? Does she do that online? or is it a print and send thing?

 

thanks

[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
 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

[you MUST file a defence regardless by day 33 ]
 click thru to the end
 confirm and exit MCOL.
..
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
..
 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

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]
 

[gwebstech]

Just a quick question -

 

on the claim form sent to her it says claimant adress as one thing, but  documents and payments to a different address. This seems to be a bit of a trick to me, they might say you should have sent it to address x and not address y dont you think?

 

so shes sending a copy of CCA and CPR to both to be safe

 

 

[dx100uk]

should just follow what the guides say not the solicitors, though with lowells the solicitors desk is simply the same fake office but one desk nearer the bog.

you know it's him as he wears a different coloured skirt from the other blokes.

 

please ensure you follow our advice and refrain from doing things off your own back..

always check with us before you do anything further from now on.

 

to gain a good apprehension of what's to come and to do

it will do you know harm to go read as many threads in the successes forum of this one. 

[gwebstech]

weve not sent them yet, i will follow your advice i just didnt want them to claim "they" hadnt received it with only having a limited amount of time

 

ill have a look through the prev posts

[gwebstech]

Hi

 

She had a letter the other day saying they were taking her to court, this came well after the actual court letter. Is this allowed?

 

And she has rang them to check date last paid, they said 2017, but she doesnt have her bank statements from them to confirm

[dx100uk]

who ever said to ring a DCA?

you've been here as long as me and thats one of the golden rules...

 

the letter is quite std for lowells

 

you need to get reading up on them

use our search top right red banner 

lowell claimform

[gwebstech]

i told her to ring vanquis as it says its ok to do that on one of the pages regarding either CCA or the CPR or it might the AOS but she rang them, its like talking to a brick wall sometimes

 

i did have a read up about previus successes, ill have a look at the claimforms too

 

thanks

[dx100uk]

good was worried there..

 

dx

 

[gwebstech]

received these earlier in response, it says we need to fill more in on the court claim now?

 

thanks

lowellPDF.pdf

[AndyOrch]

Its just a copy of their Notice of Assignment and acknowledgment that you have acknowledged service...defence next.

 

Andy

[gwebstech]

thanks,

 

you mean we have to file defence next? im not sure what to put. Shall i browse others responses and copy and paste?

 

 

[dx100uk]

yep

easy one

as there are loads of them.

use our search top right.

 

lowell claimform vanquish

 

post it up here 1st mind...

 

due date by 4pm friday 6th nov.

 

dx

 

[gwebstech]

thanks, will do

 

after reading a lot of the other posts like you said to, is it a good defence statement that makes them think about dropping it?

[dx100uk]

there's no rule of thumb

but rarely do you see lowells drop a claim until after the disclosures stage

it just really depends upon what 'cards' they hold like enforceable agreement, DN, NOA etc etc

however due to andyorch's excellent help - we see most discontinued...

 

one thing that also plays a part is when the card was taken out too.

yours was taken out?

 

these will give you a good benchmark and also help with defence and after process

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=lowell claimform vanquis won discontinued&oq=lowell claimform vanquis won discontinued&gs_l=partner-generic.12...166572.185174.0.188553.41.41.0.0.0.0.92.2663.41.41.0.csems%2Cnrl%3D13...0.18609j16146633j41...1.34.partner-generic..34.7.458.uRZnbd8y-qY

[gwebstech]

thanks ill look at them

 

id imagine she took it out around 2008-10. We got into the doo doo after 2011 and thats when it woud have been defaulted

 

Just checked, they claim it was 2012 but she cant remember it being then

[gwebstech]

Hows this for defence?

 

Date of issue: 8th October 2020

Particulars of Claim

 

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

1) defendant entered into Consumer credit act 1974 with vanquis under account ref: xxxx (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 23/9/2019 and notice given to the defendant

4) despite repeated requests for payment the sum of £1670 remains due and outstanding and the claimant claims:

a) the sum of £1670

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment,accruing at a daily rate of £0.38 to the date of issue but limited to one year being £137

c) costs

 

DEFENCE:

 

  1.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.

2. Paragraph 1 is noted I have had financial dealing with VANQUIS in the past but I am unaware what account the claimants refers to. I have never been contacted by VANQUIS with regards to any alleged outstanding monies.

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec 87(1) the Consumer Credit Act 1974.

 

4. Paragraph 3 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

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;

 

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

 

6.Despite a request 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 sec78 request.

 

7.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.

 

8.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.

 

 

 

 

My OH now contends that she did not receive a notice of assignment nor a default notice.

 

 

 

thanks

 

 

[AndyOrch]

Defence above amended.....please check for accuracy.