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Lowell PAPLOC Now Claimform - Old Vanquis Credit Card


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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.

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yep follow post 2 of that thread.

 

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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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!

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  • 1 month later...

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?? 

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scan to one multipage PDF please

bet it non compliant like all lowell vanquis CCA returns.

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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card number showing 

post hidden

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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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

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the DN is compliant

 

the supposed online sign-up CCA return, is nothing more than some office junior getting a blank set of the relevant T&C for time of sign up from here on CAG or lowells filing cabinet . they should should have your name and address in the 1st few lines..

 

they don't bogroll!!

 

as usual there only appears to be a separate copy and paste to the last page of some sort of recortd of sign-up sticker?

 

with a sign up at 01:47AM on a wednesday...really lowells..

.i can i can see you losing yet another vanquis claim here if you raise one.

 

the rest is immaterial bogroll 

though there looks to be ROP (PPI) every month and probably lots of £12 penalty charges to reclaim but i cant see them making +£2700....

 

yours is not the next move...

 

other than get reading up NOW

using our enhanced google search box ..lowell claimform vanquis

  • Like 1

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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  • 1 month later...

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

 

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  • dx100uk changed the title to Lowell PAPLOC Now Claimform - Old Vanquis Credit Card

retitled and moved to legals

please note your corrected AOS and defence filing dates.

 

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 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
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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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.

 

 

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cca was november so recent enough and in respect to their PAPLOC . no need to repeat

yep holding defence with a line pointing to failure to properly comply to a previous CCa .

and failure to comply with other doc request like DN NOA etc etc.

 

plenty here in other Lowell claimform threads

  • Like 1

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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Thank you sir :yo:

 

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 :rockon:

 

 

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no get the CPR running

 

dx

 

  • Like 1

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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Share on other sites

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.

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good work 

 

you missed the 1st line of:

4. 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.

 

as for your 2 

the poc does not mention a DN so other than your ref in 6c ......2 should go totally

  • Like 1

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...

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 :yo: 

 

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.

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looks ok tp me

 

well done on the excellent research..

  • Like 1

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

 

You need to make a response to the above.

 

Andy

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Posted (edited)

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 by Mdg123
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They dont refer particularly to a Default Notice within their particulars....so whether you received it or not is irrelevant.

 

But in all defences you must respond to each particular claimed....no response is taken as an admittance by the court hence the inclusion in all my defences......

 

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.

 

 

(3) A defendant who –

(a) fails to deal with an allegation; but

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.

 

So back to their particular.....

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

They have to prove that arrears did accrue and if they did accrue did the OC serve a Notice of Default or Default Notice or Notice of Sums in Arrears.

I would respond with something along the following lines.

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 since provided copies of a Notice of default and Default Notice 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.

 

 

.

 

  • Like 1

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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.

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:thumb: Better to keep my suggested paragraph as one rather than split it......defence above amended.

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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!

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  • 2 weeks later...

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 🙌

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