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Lowell Claim Form - old Vanquis Card Debt


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Hello,

I received a County Court claim from Lowell over the weekend and have been perusing the forum to find out what to do about it.

So, here goes, and advice very much appreciated.

 

I haven't done anything yet, not acknowledged it or done the CCA request.

Should I be doing that now?

 

Thanks in advance.

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – top right hand corner of the claim form – 26 Oct 2020 (it arrived on Saturday, so lost the first 5 days thanks to postal service only delivering to my house once a week!)

 

 

Particulars of Claim

 

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

 

1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX

 

2. The Defendant failed to maintain the required payments and arrears began to accrue

 

3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant

 

4. Despite repeated requests for payment the sum of £620 remains due and outstanding.

 

And the Claimant claims

 

a)      The said sum of £620

 

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, accruing at a daily rate of £0.136, but limited to one year, being £50

 

c)      Costs

 

What is the total value of the claim?£800
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Not that I’m aware of
 

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?Credit Card
 

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

 

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, all of them
 

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?Can’t remember
 

Did you receive a Default Notice from the original creditor?Can’t remember
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?No
 

Why did you cease payments?Business failed. Income severely reduced. Could no longer afford.
 

What was the date of your last payment?Some time late 2018
 

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
 

 

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I haven't done anything yet, not acknowledged it or done the CCA request. Should I be doing that now?

 

You have 33 days in total if defending a claim......19 days from and including 26th Oct to acknowledge service and state your plea.....you then have a further 14 days if defending in full to submit a defence.......33 days in total.

 

Yes get the CCA and CPR 31.14 requests away now as for AOS you have until Fri 13th 4.00pm.

 

Andy

We could do with some help from you.

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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 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/
[use our other CPR letter if the claim is for an OD or Telecom Debt]
..
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]
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Lowell Claim Form - old Vanquis Card Debt

Thank you. Looks like I've got plenty to do.

 

A quick question... hypothetically speaking, if I chose to go the route of accepting the claim but asked for time to pay would they still get a CCJ registered against me?

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yes and no need too 

 

get AOS, CPR and CCA done. important!!

 

if you use our search top right in the red banner

 

or 

 

our enhanced Google search box on the left just down from the top

 

lowell claimform Vanquis

 

you'll see there are numerous threads here exactly like yours

we rarely lose id you read up as many as you can 

and follow the advice .

 

the more you read the stronger we become.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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CCA and CPR are going in the post today.

 

In the meantime I have received a 'notice of claim' from Lowells solicitors dated one week after the claim date, in which I have been told that Legal Proceedings have now been issued and that I will shortly receive a County Court Claim from Northampton. Is this right? Should I have received this before the actual claim or not?

 

Thx

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std practice for lowells

 

get reading a few lowell claimform threads here

 

use our search top right

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's not a loophole then that I can use against them for not following correct procedure? I've been reading a lot... and it's getting confusing at times.

 

Those letters are now in the post. Just AOS to do now.

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it means nothing..there is no remit they must send that before issuing a court claim.

 

they however must issue a letter of claim under the pre action protocol, which you indicate above you didn't receive?

it would have had a reply pack with it concerning things like in/out expenditure and a questionnaire.

 

if you didn't receive this, it will be noted when you file your defence.

 

i would suggest you keep your research to this site and follow my last post advice

 

do not miss your defence filing date whatever does or does not happen/appear

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

I've received a response from Lowell Solicitors in relation to the CPR request.

 

It says when the card was taken out, last payment and when the default was reported to the CRAs.

 

"We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contract with the original creditor. The benefit of that contract was lawfully assigned to our client pusuant to Section 136 of the Law of Property Act 1925 and the required Notice of Assignment was sent to you.

 

Please find enclosed a copy of the Notice of Assignment. Please also regard the Notice of Assignment as a formal demand for payment.

 

Please note we have requested further documentation from the original creditor, and will contact you upon receipt of their response..."

 

And so it goes on about the CC claim and consequences of not  responding etc.

 

Certainly never seen this Notice of Assignment before.

 

Defence due in by Friday 27th.

 

Is there any way I can use Common Law in my defence? I am registered with the Common Law Courts. All this legislation to do with debt collection is maritime law, so I should be able to do something here, but not sure what. Any ideas? Not sure about where they're talking about the debt being lawfully assigned because that 1925 Act they refer to will be legislation, not law. Common Law is law, everything else is just legislation.

 

Thanks

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oh god no

dont go near freeman of the land twaddle please!!

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can i politely suggest until this claim is over you forget all about fMoTl twaddle....else you will lose big time.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, defence is due by this Friday, so here's my first draft (cobbled together from others I have read here on the forum). Please can someone check it over and amend where necessary? Many thanks.

 

Particulars of Claim for reference only

 

1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX

2. The Defendant failed to maintain the required payments and arrears began to accrue

3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant

4. Despite repeated requests for payment the sum of £620 remains due and outstanding.

 

And the Claimant claims

a)      The said sum of £620

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, accruing at a daily rate of £0.136, but limited to one year, being £50

c)      Costs

 

Defence

 

The Defendant contends that the particulars of claim vague and are 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.

1. The Claimant has not fully complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Vanquis. However I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a CCA1974 section 78 request. I am unaware of what account or contract the claimant refers to.

 

3. Paragraph 2 of the claim is noted although I am unaware of any Notice of Sums in Arrears or actual Default Notice being served pursuant to sec87(1) of the CCA1974 by the original creditor.Therefore the assignee claimant is put to strict proof to evidence same.

 

4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in September 2019.

 

5. The defendant submitted a request for documents pursuant to CPR 31.14. on 9 November 2020. The claimant acknowledged receipt of the request but has failed to comply.

 

6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 9 November 2020. The claimant has not acknowledged receipt of the request and has failed to comply.

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence the nature of breach and service of a Default Notice pursuant to sec 87 (1) CCA1974,

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

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

 

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

 

9. In the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

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Well done...just a slight tweak on your point 3 re default notice.....you will note that the claimant has been particular careful not to state the actual words Default Notice within its pleadings....so I have redrafted your point to bring it back into the claim.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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yes well done LMM.

much better than following stupid FMOTL Twaddle.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The claimant has 28 days to respond and inform the court if they wish to proceed to allocation...failure to respond will stay the claim.

 

Why not have a read around then you will know what happens next......

 

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.

 

'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!

 

Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.

 

Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 

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  • 1 month later...

Some clarification needed please.

 

I have been sent a 'Notice of Proposed Allocation to the Small Claims Track' (Form N180) which needs to be returned to the court by next week. In the blurb where it tells me it is to be returned by the due date, under the court's address it says "and serve copies to all other parties". Does this mean I also have to send a copy to Lowell as well?

 

Thanks.

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not been reading up during the down times between each stage on here?

so you know whats to come next at each stage and thus what to do?

part of cag is self help.........

 

LEGAL : N180 Directions Questionnaire (Small Claims Track) **Correct at Sept 2016** - Legal - Consumer Action Group

 

i would recommend you do not give lowell sols your email/sig/phone - leave those blank on their copy

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

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