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
 

[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. 

[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. 

[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?

 

[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.

[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).

[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. 

[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.

[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.

 

[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.

[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.

 

 

 

[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?

[bissell]

I am very grateful of the help. Even if it seems I am not exactly helping myself.

I will be making a donation at the end of the month. Even if I don't get anywhere, just knowing there has been someone out there ready and willing to help is a huge stress relief during the process.

[bissell]

Thank you for that Andyorch, I had originally abbreviated the particulars, I have now corrected them to match exactly what is written on the claim form.

 

Particulars of Claim

 

1. The claim is for the sum of £1016.54 due by defendant under an agreement regulated by Consumer Credit Act 1974 for a Vanquis account with an account reference of XXX.

 

2. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been compiled with.

 

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

 

4. The claim includes statutory interest under S.69 of the 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 sec78 of the Credit Consumer Act 1974  a copy of this agreement. The claimant has failed to respond and therefore in default of the request is unable to enforce the alleged agreement until its compliance.

 

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 have been received. 

 

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.

 

 

[bissell]

Thank you Andyorch, I was confused for a moment there, I started to search for the section I needed from the CCA.... then I realised you meant you had tweaked it. Tired eyes! I will leave it all for tonight, and go back over everything in the morning with a fresh mind and set of eyes.

[bissell]

When submitting the defence, am I correct in assuming I do not submit a counterclaim, and where it asks for additional contact info - should I leave those blank (as not required) or provide email/telephone/date of birth etc? 

[bissell]

As I go through the defence it has sections for - Defence, dispute reasons, defence particulars, counter claim, service details (this is where it asks for correspondence details, and asks for additional details such as telephone or email - I assume it is because they do not have these details for me, only my address), summary, and confirmation.

 

There is no red asterix to suggest I have to provide additional correspondence details.