Lowell Claim Form - old Vanquis Card debt - poss SB'd

[bissell]

Hi,

I have read through some posts for help but feel a bit overwhelmed with what steps I should be taking, and making sure I get them correct.

 

I had a vanquis card in 2012/2013. No payments/correspondence from myself since prior to 2015 (not showing on credit report, and I'm certain these are correct), possibly earlier. Defaulted in 2018 (according to credit report).

 

I would be grateful of any and all help, advice. 

 

Name of the Claimant ? Lowell

 

Date of issue – 19th March 2021

 

Date to submit defence  - 20th April 2021

 

Particulars of Claim

 

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

1.Sum of £1016.54 due by defendant under agreement regulated by CCA 1974 for a Vanquis account ref XXX.

 

2.failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the CCA 1974 which has not been compiled with.

 

3.The debt legally assigned to claimaint 23-09-19, notice of which given to defendant.

 

4.Claim includes statutory interest under  s.69 of 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 £81.32. The claimant claims the sum of £1097.86

 

What is the total value of the claim? 1247.86
 

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

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? NA

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, it was October 2012

Do you recall how you entered into the agreement...On line /In branch/By post ? Online, I think. May have been sent papers to sign and send back. 
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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 purcahser
 

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? I dont recall, but it is showing on my credit report
 

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? Single mom, on benefits trying to go self employed
 

What was the date of your last payment? Earlier than 2015, possibly 2013. I do not have evidence, and can not even remember that long ago.
 

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
 

[dx100uk]

Sounds like its statute barred

 

go ring vanquis and ask last payment date please

 

dont be conned into even phoning lowell

 

Dx

[AndyOrch]

Welcome to the forum bissell and thank you for completing the questionnaire. 

 

If you could clarify ...you have not acknowledged the claim or made payment since 2015 ...which month ?

 

Regards

 

Andy

[bissell]

I will phone them asap for that info.

 

On 23/03/2021 at 14:32, Andyorch said:

Welcome to the forum bissell and thank you for completing the questionnaire. 

 

If you could clarify ...you have not acknowledged the claim or made payment since 2015 ...which month ?

 

Regards

 

Andy

 

No, I simply ignored as I had other debts to worry about. I can not recall the last payment I made as it was so long ago, but on my credit file it only shows years as far back as January 2015 and there is no data for payments showing. Not even late payment data.  I only had the card for 0ne, possibly two years. 

 

i just realised I made an error on the questionnaire. The credit card was after April 2007, it was October 2012.  I am currently trying to get through to Vanquis.

 

I managed to get through and was told a payment was made on the 28th August 2017 for £20. And they do not have records of any payments before that and told me it was handed to Lowell. I did not make the 2017 payment. 

[dx100uk]

seems weird

 

 

did they indicate where that payment came from?

 

dx

 

[bissell]

He told me as the account was passed to lowell in 2019, he could not access any more information for me. He then started to state he could not get any payment info that was older than one year. I asked how did he get the 2017 info as that was older than one year.

 

He was trying to get through to another department for me but kept me on hold, I asked if any statements of the account could be posted, he said he needed to speak to the other department, I asked for details to be posted if he could source them and hung up as I felt he would not or could not give me any more information. 

[dx100uk]

no harm in sending vanquis an sar.

 

also might not harm to ring again and say how helpful the last person was but you forgot to ask if there were any other previous payment to this mystery one in 2017? cant hurt you too, you might get a better operator.

 

to me it looks like its def SB's as you say your credit file shows nowt back to 2015

 

with regard to the claimform..for the minute it just do the following:

 

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 £1 PO unsigned 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/

.

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]

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

 

 

 

[bissell]

I am just writing/printing out the CCA request and CPR13.14 request.

For the CPR13.14 request, am I correct in requesting for the Agreement, notice of default and assignment, and the statement of account?

 

[dx100uk]

seems ok.

 

[bissell]

Thank you DX, I am already feeling less overwhelmed.

I did attempt to log into the MCOL without success. I used the claim number and the password provided on the claim form, but it keeps being rejected. I will try again tomorrow first thing, in the meantime I will prepare the letters.

And I will get back in touch with Vanquis until I receive more information. 

Thank you once again.

[dx100uk]

i think you'll find you need to register on the gov't gateway site 1st then login there before you can use the details from the claimform

read the guide carefully

 

[bissell]

Hi, I did not receive any paper work back from Lowells, but I did receive a confirmation letter from their solicitors on their behalf asking me to communicate with them only, and not Lowells. They also offered payment plans and options to avoid any further court action. 

I did not respond to this letter in any form.

 

Tomorrow is Day 33, and I was wondering if I should put in my defence this evening, or should I wait until tomorrow, in case anything arrives in the post in the morning? I am worried in case I am counting the 33 days wrong, and it is today and not tomorrow. (claim was submitted 19th March).

[dx100uk]

did you do AOS ?

and is the SAR back from Vanquis yet? should be ?

[AndyOrch]

Tues 20th by 4.00pm is your deadline for a defence.....have you got a rough draft of the defence you intend to submit ?

 

Andy

[bissell]

Yes, I did the AOS the same day or following day from my post. 

I didn't hear back from Vanquis. 

 

I do not have a rough draft, I was just logging back into this forum and MCOL to look over things. 

[dx100uk]

you should have already been reading up 

lots of like threads here 

use our search top right in the red banner

 

lowell vanquis claimform.

 

post up your defence and we'll tidy it.

 

dx

 

[bissell]

Sorry, I thought I had read what I needed, and just needed to submit the final part to dispute it. I now know different.

 

For my defence all I can think to say  ( I don't understand all these laws/terminology) is ; 

 

I vaguely recall having dealings with Vanquis some 8 years ago, and cannot recall the specific details of accounts or agreements which the claimant refers to - I sought further details via a CPR13;14 and CCA request. Whilst I received a letter of acknowledgement no further details were forward to myself. Without such evidence I deny any breach of agreement and/or any money owed to the claimant.

A SAR has been sent to Vanquis for further clarity on any old debt I may have with them.

 

Thank you again for your time. I have made sure I have all evening/morning to go over everything I need to.

[dx100uk]

you don't need legalise at all.

 

100's of suitable no paperwork/holding defence example here already 

use our std format 

 

why didn't you chase the SAR to vanquis? they only had 30days?

you ideally need to findout where this phantom payment came from, cause if its not by you or fake/mistake on their system, you could nail the case shut by filing our SB defence.

 

but you've had a month to do all this and wasted it...

[bissell]

I know I did not make the payment. Can I not file a statute barred defence regardless? The vanquis account was opened at the end of 2012 and  I only had the account for about 1 year. I have searched my files at home and could only find a few original statements from when I first opened the account.  I know what was going on in my life in August 2017, and it wasn't making a one off payment to Vanquis after years of not paying them.

 

I have used the claim form links but they take me to the original posts talking through CPR and CCA, which I have already done. I have read through various posts with defences, but I do not understand them enough to relate to them. Is the standard format using bullet points 1, 2, 3 etc? 

 

I get the feeling I am not going to get anywhere with my current defence. I will read more and try to understand it better.

 

[dx100uk]

well don't panic about filing just yet i know it's due tomorrow, but as a Litigant In Person (LiP) you are given certain leeway.

 

what were your funding sources for that period, i'e what bank accounts did you hold?

as it's within 6yrs you could quite easily using that banks phone banking or online system look at the statement for that period or go phone the bank and ask

 

as i said it would be 1000% better to file SB , but ofcourse must be 1000% sure as well.

 

eitherway we can deal easily.

[bissell]

I have just been through my bank account for 2017, and a random payment to Vanquis does appear. It makes no sense to be there though, there are no payments for years before that one, and it does not show up on my credit file as a payment. Although the default appears on the credit file in January 2018 which ties in with the last payment.

 

So this means it cannot be statute barred. So annoyed.

 

I can only assume the stress I was under at that time made me feel like trying to clean up my debts.

 

I am re writing the defence, in (hopefully)  a better format.

[dx100uk]

good job we know our tricks, that could of been a fatal mistake.

 

try these for an adaptable defence

 

Programmable Search Engine (google.com)

[bissell]

Hope this is a good improvement. I found one which sounded very similar to mine, and reworded a few sections.

 

 

Particulars of Claim

 

1.Sum of £1016.54 due by defendant under agreement regulated by CCA 1974 for a Vanquis account ref XXX.

 

2.failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the CCA 1974 which has not been compiled with.

 

3.The debt legally assigned to claimant 23-09-19, notice of which given to defendant.

 

4.Claim includes statutory interest under  s.69 of 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 £81.32. The claimant claims the sum of £1097.86

 

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 the CPRr16.5(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, or notice of arrears, pursuant to section 87(1) CCA 1974.

 

3. Paragraph 3 is noted, again, I do not recall ever receiving this notice pursuant to section 136 of the law of property Act 1925.

 

4. On receipt of the claim form the defendant sent for on 26/03/2021 via royal mail a request pursuant to the CCA 1974. As a copy of the agreement. The claimant failed to respond or disclose any documents to date.

 

5. On receipt of the claim form, the defendant sent a CPR13'14 request on 26/03/2021 via royal mail. An acknowledgment was received, but no documents were disclosed.

 

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 the defendant has entered 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 of arrears

d) Show how the claimant has the legal right, either under statute or equity to issue claim

 

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

 

 

 

[dx100uk]

looks ok let @Andyorchcheck it over

well done..

 

did you manage to see if Lowell solicitors did send you a letter of claim and an I+E reply pack about 1mth before the claimform via northants bulk court?

 

dx

 

 

 

[bissell]

Whilst I don't have the letter any more, I do recall Lowell sending a letter with something about income and earnings.

I didn't read it properly, I just thought it was another offer of reducing the debt. I always believed debt collectors couldn't/wouldn't enforce debts through courts. Hence my lack of a serious attitude about it, and not keeping anything.

 

If I know they sent such a letter, is that relevant to 3? Might my defence 3 need changing?