Lowell's OH Vanquis card - PAPLOC now claim form.***Claim Discontinued***

[penmarine]

Morning Caggers

 

The frau got the attached letter from Overdales yesterday, after reading it am I right in thinking sit on your hands until they make the next move? PM

Overdales SB Response.pdf

[dx100uk]

so who said send our SB letter?

 

dx

[penmarine]

Dx you told me too near the start of August, I left it until the day before the 30 day response period was up.

[dx100uk]

On 09/08/2021 at 12:48, dx100uk said:

Send them our sb letter 4th

replied on the 8th

they replied  rather quick for a w/end. or you sent it very early last week

 

ignore them

[The GodMother]

The 5th was a Sunday so you said to send it earlier. Tho you never know but they may have been expecting the sb letter or have one that can be personalised and printed or even have someone watching the thread. 

[penmarine]

Afternoon Caggers the wife got this letter come through on Saturday.  Should she just ignore as I've already sent the SB letter for her a couple of months back?  This isn't the first one of these the wife has had.  Thanks PM

Overdales Dec 21.pdf

[dx100uk]

its a letter of claim. you must reply

 

copy the 1st page and staple that to a new copy of our SB letter.

 

also keep a log of letters/texts/emails/call or WHY as under CONC that might later be useful

[penmarine]

Evening dx will do, can I just ask what WHY is or have I just read it wrong?

 

Last one for the night,

 

do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales? 

 

I found the second one on the Gov.uk company search engine. Thanks PM

[dx100uk]

WHY look it up on a search engine!! What Have You.

 

you dont use recorded 

simple 2nd class with proof of posting from any PO counter - remember?

 

and you reply to the address on their pap letter, why are are you even looking elesewhere why complicate everything...

[penmarine]

2nd class it is then, its saying on the new statue barred letter template to send recorded.

[dx100uk]

nope just a general template advice thats used for all letters templates

only stuff to courts needs recorded. but you must get POP.

 

[penmarine]

Evening Caggers the OH got this letter from Overdales today. 

 

They are now claiming that the debt didn't default until February 2016 rather than the previously stated October 2015 in previous letters from both Lowells and Overdales earlier in the year. 

 

Should I respond for the OH or just ignore them as I've sent the SB letter to get this as a response. 

Seems they would like to make dates up to suit themselves and grasp at straws. 

 

Thanks in advance PM.

20211216_Overdales_Pg1.pdf

Edited December 16, 2021 by dx100uk
spacing

[dx100uk]

well if they are holding it for 30days anyway, by the time their client gets around to telling them to raise a claim and northants bulk get around to doing it, it will be SB'd even by their silly new dates.

 

let it run.

 

dx

 

[penmarine]

Morning Caggers the other half has told me she's received a claim from from Northampton County Court this morning, is there a guide on here which i can follow to respond to it when I get home from work? Thanks PM

[AndyOrch]

Topic moved to Financial legal Issues Forum.

 

Please read the following link which explains the process and then copy the Q,s and your response back here for further advice.

 

Topic title amended.

 

Andy

[penmarine]

Thanks Andy will do.

[penmarine]

20220210-Court Claim Redacted.pdf

 

Hi Caggers information below and a copy of the court front page redacted as well.

 

Which Court have you received the claim from ? County Court Business Centre Northampton

 

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue  08 Feb 22

 

Date of  to acknowledge– 25 Feb 22 

Date of defence - 11 Mar 22 

 

Particulars of Claim

 

What is the claim for – 

 

1.The claim is for the sum of £840 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference (credit card number).

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been compiled with.

 

3.The debt was legally assigned to the claimant on 23-09-19, notice of which has been given to the defendant. 

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.

 

The Claimant claims the sum of £900.

 

What is the total value of the claim? £1050 (this includes court costs and Legal Representative Costs)
 

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

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? No

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 ? After April 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ?  By Post she thinks
 

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? Possibly at a previous address
 

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? Couldn’t afford them
 

What was the date of your last payment? 28 Jul 2015
 

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? No
 

Edited February 10, 2022 by dx100uk
Format

[AndyOrch]

Thanks that's great...so now refer back to my link with regards to acknowledging service of the claim and sending off a CCA request and CPR 31.14 request.

 

You have 33 days in total from and including the 8th Feb to submit a defence if you intend to defend all of the claim.19 days to submit your acknowledgement (from and including the 8th Feb) and then a further 14 days to submit your defence = 33 days.

 

 

.

[penmarine]

Andy I'd sent a CCA and had a response last year, is there still a need to request it again?  Not that its a CCA more an application form.  Last one is it better to acknowledge the wife's court defence intentions via post or online?  CPR request will be posted tomorrow. Thanks PM

[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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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 CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH 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]

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

 

now dont forget the debt by the last payment date is now well statute barred

though the DN was issued many many months later by vanquis.

 

quite honestly i'd simply file our DN SB defence filed and be done with it...you dont really need to send CCA/CRP but you could just send CPR .

 

see what @Andyorchandyorch thinks 

but we normal just file DN SB defence below.

 

you can still do AOS for now.

 

sb defence

E&W
....

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment made was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.
.

 Regards 

 nicked from Andyorch
 

 

[penmarine]

Stupid question, can I register the claim on the MCOL site with my gov.uk log on or would it have to be the other halfs gov.uk log on details?

[dx100uk]

the defendant

[penmarine]

Morning Caggers, is there a best time to submit a defence leading up to the 33 day deadline and should I post up here beforehand? Thanks PM

[dx100uk]

Not early.

Yes

 

 

[penmarine]

Evening Caggers  I was planning on using the below as defence for the frau and submitting it 07 March on MCOL.  CPR request was posted recorded last Monday.  Is it worth also including that when a CCA request was submitted they sent an application form rather than an actual CCA?

 

Alternative whereby claimant intimates Statute Barred date=defaulted date and that has been registered months after the last payment.
.
1 The Claimant's claim was issued on 08/Feb/2022.

 

 2.The date last payment made was the 28/Jul/2015. 

 

 3.The Default Notice was issued 13/Oct/2015 and served several months after the initial breach thus the cause of action delayed by 2.5 months and the Limitations period prolonged to 6 years and 2.5 months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £1050 or any other sum, or relief of any kind is denied.

 

Thanks PM