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

[The GodMother]

My advise is go on to the post office website and print off a copy of the tracking. 

 

This proves that it was sent and received. 

 

[penmarine]

Morning Caggers

 

MCOL finally updated with the response to the DQ this week and the OH received a Notice of Transfer of Proceedings to our local county court is this quite normal as from reading the hearings are normally held online?   

 

Is this also good thing or bad thing, I see it as good for the OH as we don't have to travel to Northampton for a hearing now.

 

Thanks PM

[dx100uk]

You never were going to Northampton its not a real court, just a bulk robotic processing centre.

 

so await the time and date of the hearing, and start reading up now on witness statement examples 100's here. Please dont leave it for us to sort out 5 days before submission deadline when you get it!!

[penmarine]

Dx I won't be leaving it till the last minute for the OH, she wouldn't let me for a starter.  I'll get on reading further.

[penmarine]

Curious even though the OH had submitted a defence on MCOL back in February with her defence being the debt is SB,

 

can she include in her WS that Lowells had failed to response to a CCA request and subsequent CPR request correctly?

 

i.e. they sent a copy of an application form rather than an actual CCA and a DN which was not dated. 

 

I'm only asking about the DN as I've read a post by katyviolet where the OH has the same situation regarding dates on letters but not on the DN. 

 

Just so I know to put in her WS or not.

 

Thanks PM

Edited May 28, 2022 by dx100uk
Please space your post so as it's not a block of text

[penmarine]

Hi Caggers  I've drafted the the below WS for the OH in preparation of the court request for it. 

 

Do I need to include exhibits relating to the various letters and documents?  I've read threads that some do include, some don't.

 

More importantly is below ok?

 

IN THE COUNTY COURT AT xxxxxxxxxxx

 

 

BETWEEN:

 

LOWELL PORTFOLIO I LTD CLAIMANT

 

and

 

xxxxxxxxxxxxxx DEFENDANT

 

------------------------------------------------------------------------------------------------------------------------

 

WITNESS STATEMENT OF xxxxxxxxxx

 

------------------------------------------------------------------------------------------------------------------------

 

I, xxxxxxxxxx WILL SAY as follows:

 

I make this Witness Statement in support of my defence in the claim.

 

INTRODUCTION

 

1. 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 to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt to maximise profit.

 

2. 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

 

3. The Claim relates to an alleged Credit Card Agreement between the defendant and Vanquis Bank.

 

4.  Whilst it is accepted that the defendant has in the past had financial 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.

 

5.  The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the 22^nd August 2020 along with the standard fee of £1.00 postal order.

 

6. The defendant received a reply dated 05^th October 2020 with no CCA attached other than the documents which enclosed a statement and a credit card application form.  A notice of assignment from Vanquis to Lowell was received separate to the above documentation via reply also dated 05^th October 2020.

 

7. The defendant received a Letter of Claim dated 05^th August 2021 from the Claimant stating they had 30 days to take action to prevent legal action.  The defendant responded to the Claimant on 03^rd September 2021 stating that the alleged debt was Statue Barred.

 

8.  The defendant received a reply dated 08^th September 2021 from the Claimant acknowledging receipt of the suggestion the alleged debt was Statue Barred.  The Claimant stated the alleged debt defaulted on 13^th October 2015.

 

9.  The defendant received a second Letter of Claim dated 01^st December 2021 from the Claimant, again stating the defendant had 30 days to take action to prevent legal action.  The defendant responded to the Claimant on 06^th December 2021 stating the alleged debt was Statue Barred.

 

10. The defendant received a reply dated 14^th December 2021 acknowledging receipt of the defendant’s letter dated 06^th December 2021.  The Claimant stated that the alleged debt had defaulted on in February 2016 rather than 13^th October 2015.

 

11. On 13 February 2022, I received a claim form from Northampton County Court Business Centre, Northampton, for the amount of £xxxxxx. The claimant contends that the claim is for the sum of £xxxxx in respect of monies owing under an alleged agreement with the account no xxxxxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on 23^rd September 2019 with notice given.

 

CONCLUSION

 

12. To date no valid full copy of the executed agreement or terms & conditions have been disclosed.

 

13. Therefore the Claimant remains in default of the original section 78 request dated 22^nd August 2020 and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

 

14. The Default Notice was issued 13^th October 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.

 

15. 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.

 

The claim bought by the claimant is spurious and speculative. The claimant does not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out for the above reasons.

 

STATEMENT OF TRUTH

 

I, xxxxxxxxxxxxxx the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

 Signed: ……………………………………………

 

 Print Name: xxxxxxxxxxxxx

 

Dated: DDMMYY

[dx100uk]

15 should be after 11 ?

 

 

 

 

 

 

[AndyOrch]

Requires a bit of work , I would wait until (if) you receive the claimants statement then you can draft and base your points on what the claimant relies upon.

 

Andy

[penmarine]

Hi Caggers the OH has received the Notice of Allocation to the Small Claims Track via a remote hearing.  Less sending off email/telephone numbers for the OH to the court, it reads that she needs to wait until the Claimant sends her a bundle of relevant documents no later than 48 hours before the hearing. 

 

It also mentions an advocate, can I be this for the OH on the day of the hearing and represent her?  It wasn't an option on the DQ from what I remember.

 

She has until 08 August to submit documents to be relied on at the hearing and a witness statement, copied to the court/Lowells.  Is this what Andy refers to above in regards to waiting for Lowell's statement and base/amend the OH's response accordingly?

 

Thanks PM

[AndyOrch]

You can accompany her you cant represent her or act or speak.

[penmarine]

Thanks Andy so I just wait until the OH gets a copy the claimants witness statement bundle (around the 08 Aug) before responding to it by amending what I've done for her so far?

[AndyOrch]

Yes ...thats assuming that they send you their statement and its on time to allow you to tweak yours.

[penmarine]

Morning Caggers

 

I've sent the OHs email and contact number to the court, do I also need to send to the claimant? The court paperwork isn't very clear.

[The GodMother]

No imo. 

[AndyOrch]

Mediation is conducted through the mediation team there is no requirement to supply your details direct to the claimant.

 

Andy

[penmarine]

Caggers result, OH had a letter from Overdales today they've discontinued the claim. I'll be donating to the cause. Thank you from the OH and me.

 

PM

[The GodMother]

Well done. 

Dont lose that piece of paper.

[dx100uk]

Well done everyone in CAG.

 

Dx

[AndyOrch]

Yes excellent topic title updated.

 

Andy