Lowell PAPLOC Now Claimform - Old Vanquis Credit Card ***Settled by Tomlin Order***

[Mdg123]

Afternoon all,

 

So had a PAP letter through from Lowell Solicitors the other day.

 

Read up on CAG what to do by reading a few posts and then following the instructions through the following link:

 

 

 

The debt is not showing on my credit file but i'm sure it's not SB'd.

 

Today i sent off the PAP reply form to Lowell sols and sent off CCA to Lowell.

 

Now barring any advice from anyone here i shall wait to see what responses i get back. I'll keep you all updated.

[Mdg123]

Oh and for anyone following i also sent them a change of address letter today as well.

 

They know very well where i live as i'm on the electoral register here and this is where they sent the PAP letter but better to be safe than sorry.

 

Now i know all correspondence will come to my current address and no way for them to backdoor CCJ me!

[Mdg123]

Sooo.... This one has had a response now. Lowell have written to me and provided alleged copies of terms and conditions, default notice, credit agreement and a full statement. 

 

Damn seems like vanquis are on it for old documentation!

 

At least it's not a claim form. Yet anyway. What do you guys suggest? 

 

My disposable income isn't great at the moment especially with being furloughed for nearly half the year. 

 

Should I write to them offer a £1 a month or?? 

[Mdg123]

Right think i've redacted everything this time. And done with all docs except middle pages of statement, If you need them though let me know but every other page of both letters are now uploaded and hopefully correctly redacted!

 

Please let me know your thoughts? Fight or flight? 

CCA Return Word_compressed.pdf

[Mdg123]

This now a claimform....

 

AOS done. CPR written up and ready to send off tomorrow. 

 

Should i do another CCA request as well? Most recent CCA request return from Lowell is in post 7.

 

As for defence do i just go with no paperwork/holding defence?

 

Many, many thanks as always for any advice received.

 

Name of the Claimant ?  Lowell Port & Lowell Sols

 

Date of issue – 2/2/2021

 

AOS due -  19/2/2021 (2 weeks plus 5 days) 

Defence due - 5/3/2021 (33 days total) 

 

Particulars of Claim 

 

1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('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 27/09/19 and notice given to the defendant

 

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

 

And the claimant claims

a. The said sum of xxxx

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 £0.610 but limited to one year being £222.65

c. Costs

 

What is the total value of the claim? £3.3k
 

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? Yes

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
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online i think
 

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? Not that i remember
 

Did you receive a Default Notice from the original creditor? Not that i remember

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None that i can remember

 

Why did you cease payments? I was preparing to be declared bankrupt and advised to do so by CAB. 
 

What was the date of your last payment? Will double check but pretty certain it is not SB'd
 

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 as I was planning to go bankrupt. 

 

[Mdg123]

As always thanks Dx!

 

AOS done.

 

I believe i should do a CPR and it's written up and ready to send off tomorrow. 

 

Should i do another CCA request as well? Most recent CCA request return from Lowell is in post 7.

 

As for defence do i just go with no paperwork/holding defence?

 

Many, many thanks as always for any advice received.

 

 

[Mdg123]

Thank you sir 

 

Just wanted to confirm.

 

Will hold off on the CPR and just get my defence planned out.

 

I will reply again when i have my defence sorted in the hope that the brilliance of you and Andyorch can have a quick look through before i upload to MCOL.

 

Thanks again 

 

 

[Mdg123]

CPR sent off. Have been reading up and come up with the defence below ready to send off the day before it's due on the 5th March.

 

Think i've married everything up right and met the points set out in the POC correctly but obviously still pretty novice as, a.... well, novice that i am!

 

Any pointers greatly received and obviously still plenty of time to refine in less anyone can see any glaring errors i need to go and read up more on?

 

Might be a bit too full on for an initial defence? Maybe be a bit more vague?

 

Many thanks in advance as always to you wonderful caggers out there! Especially Dx and Andyorch!

 

Particulars of Claim 

 

1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('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 27/09/19 and notice given to the defendant

 

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

 

And the claimant claims

a. The said sum of xxxx

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 £0.610 but limited to one year being £222.65

c. Costs

 

Defence:

 

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 allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought clarity from the claimant.

 

2.Paragraph 2 is noted although I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.

 

3. Paragraph 3 is noted again I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.

 

4. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

5. Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The documents are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

5. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to. The claimant remains in default of said request at the time of submitting this defence.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 service of 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;

 

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.

[Mdg123]

Hi all,

 

Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement!

 

Defence due Friday by 4pm.

 

I have updated my defence below based on your points Dx. Many thanks.

 

Would you and Andy mind having a scan over before i send off on Friday please?

 

Cheers in advance as always  

 

Particulars of Claim 

 

1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('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 27/09/19 and notice given to the defendant

 

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

 

And the claimant claims

a. The said sum of xxxx

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 £0.610 but limited to one year being £222.65

c. Costs

 

Defence:

 

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 allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.

 

2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.

 

3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 service of 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;

 

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.

[Mdg123]

Dx, thank you sir! I appreciate you saying that even though it is all mainly for my own benefit. Just hope it helps others also if they read this thread.

 

And thank you Andy i will amend my above defence in due course as i have noticed some errors i have made when going ad lib off of some previous defences i have copied from.

 

As for POC 2. response Dx has seen the DN provided from the Lowells that i uploaded in post 7 and has said that it is compliant and not noted in POC.

 

Should i just respond that it is noted? Or because i cant remember receiving it go with the noted but don't recall receiving?

 

Maybe obvious i know but having nearly perjured myself once just want to make sure.

 

As always thanks a million. 

Edited March 2, 2021 by Mdg123

[Mdg123]

Thank you Andy. A gentleman with your time and advice as always. 

 

I've tidied up my defence below. Is this ok? Or a bit overkill for initial defence?

 

Many thanks,

 

MDG

 

Particulars of Claim 

 

1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('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 27/09/19 and notice given to the defendant

 

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

 

And the claimant claims

a. The said sum of xxxx

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 £0.610 but limited to one year being £222.65

c. Costs

 

Defence:

 

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 allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.

 

2. Paragraph 2 is noted but I do not recall the original creditor providing either Notice of Default or Default Notice or Notice of Sums in Arrears pursuant to the CCA1974.

 

The claimant has provided alleged copies of a Notice of default, Default Notice and notice of assignment by way of my CPR 31.14 request but until it can provide a copy of the executed credit agreement pursuant to sec 78 CCA1974 the provisions of section 87/88 of the CCA1974 are irrelevant until such compliance. 

 

3. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.

 

4. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots  are devoid of any tick box or any authenticity of IP address conformation check. Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimants solicitors only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 service of 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;

 

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.

[Mdg123]

Thank you kind sir.

 

Defence submitted! Prefer to be a few days early if prepared as anything can happen!

 

So..... N180 or auto stayed??

 

Doubt they will let it get auto stayed as they probably believe they have enough to convince a judge so DJ lottery i guess it will become.

 

Will obviously let you all know as and when i hear or don't hear anything!

[Mdg123]

N180/DQs back from lowell sols the other day. 

 

They'll probably give it a week or two before filing with court based on other posts I've read. 

 

Have been reading up in the downtime and have started drafting my witness statement. 

 

Planning a massive smack down on the lowlife fleecers as best I can with the help of the CAG forum..... 

 

Watch this space

[Mdg123]

Not yet but have checked MCOL and the status has been updated to reflect the claimant has filed the DQ's yesterday so just waiting on the post. Probably get tomorrow.

 

Have prepared mine with the help of the following link ready to send off.

 

Now just getting ready with formalising my witness statement!!

[Mdg123]

Afternoon all,

 

Received the N180 and have to file it by the 6th April.

 

Trying to use the editable N180 from the Andys forum post here....

 

 

When i click the link in the post it says:

 

403 - Forbidden: Access is denied

You do not have permission to view this directory or page using the credentials that you supplied.

 

Have tried logging out and back in to the forums with no luck can anyone suggest where else i could find the editable N180 or could someone maybe send it to me?

 

Thanks,

 

MDG

[Mdg123]

Thanks gents. Dx that link doesn't work for me but the new one supplied by Andy does  

[Mdg123]

Just in case it happens to anyone else i couldn't get the link to work from Andys post in the forum because i was using a VPN! Ooops 

 

Also just had a quick question. Is there any significance that Lowells N180 has put 0 for amount of witnesses? Do they not intend to have someone attend the hearing? 

[Mdg123]

Hi Caggers,

 

Heart in mouth moment! Just got an email through for a teams meeting tomorrow for a hearing at the combined courts....

 

With regards to the thread of this post last year in April i did the mediation which didn't work out as expected and then all went quiet on the western front.

 

I moved house about 6 months ago and i updated all of my creditors but didn't think like an absolute imbecile to do the same for the court. 

 

I haven't prepared a witness statement, nothing! If this email hadn't of come through i wouldn't of had a clue this hearing was even due to take place. I feel like a right numpty!

 

Is there anything at all i can do at this point?

[Mdg123]

Good afternoon

 

Please find below the Microsoft Teams link for your hearing listed at the Weymouth Combined Court, 18^th May 2022 at 2:30pm.

 

To join the hearing, hover your cursor over the link below, press the control (ctrl) button on your keyboard and click the left-hand button on your mouse.

 

Microsoft Teams Link:

 

 

Kind regards

 

Miss Caroline Marshall

 

Tribunal Clerk, CVP Administrator, Digital Support Officer, CFT Administration Officer

 

Weymouth Combined Court | HMCTS | The Law Courts, Westwey Road | Weymouth | DT4 8BS

Phone: 01305 752516 Mobile: 07889 410444  

gov.uk/hmcts

 

[Mdg123]

Just checked my proof of posting to be sure but it was just the claimant and not the sols...

[Mdg123]

Ahh Dx you hero! Thanks so much for putting my mind at ease. I thought this might be the case but just wanted to be prepared in case.

 

I'll join the meeting tomorrow, produce proof that i have informed them of my change of address and never received their WS and ask for an adjournment to prepare properly.

 

Any other thoughts about what i might need to do to be prepared or just go with this trail of thought?

 

Thanks a million as always!

[Mdg123]

Oh 

 

Is there anything i can do given this predicament?

[Mdg123]

Thank you Andyorch, as ever your advice is very much appreciated. Lets hope my humbleness and ignorance of the law has an impact on the judge  

[Mdg123]

i explained to the mediator that i have nevr had a credit card above the initial 1.5k credit limit and that was my whole problem with this case

 

[Mdg123]

Is it worth me settling this with the DCA before the hearing this afternoon? Given it's a coin flip that i'll even get an adjournment and even if i do it's also then a coin flip as to whether the judge will accept my evidence once i've put my WS together.

 

If so do i just contact the DCA before court to work this out? I really can't afford to get a CCJ at this point!