Lowell/Overdale 3xPAPLOC Now claimform - old Vanquis Debt ***Claim Discontinued***

[just_jue]

Thanks Both of you.

 

Bob - Lowells took over the debt from Moorcroft in 2019 who if I remember rightly were acting on their behalf.

 

DX how is it best to play this as payments were made via step change until 2018 but the default note I had here is July 2017

[dx100uk]

not sure how many more times we need to explain debts to you..

 

lowells did not 'take over' from moorcroft.

 

moorcroft dont buy debts, they were merely chasing on behalf of their client-  lowells i expect if you read their letter

 

yours is not the next move.

 

the default issue is sadly pretty immaterial, doesn't matter when it was registered as long as the debt buyer doesn't change the defaulted date registered by the original creditor. now if the OC took months or even years since last payment to register it, then there is an argument there that might play a part should they be brave enough to start a court claim, but at the end of the day the debt is nowhere near statute barring.

[just_jue]

Had a response to the CCA agreement and they have sent the Digital Signature along with the Terms and conditions with my name etc and date all corresponding to my application.

[Bazooka Boo]

Can you scan and post it up, REMOVE all identifiers first.

 

They sent a hard copy yes?

[just_jue]

Yes along with a statement of payments and the default notice that I already had

[just_jue]

Here is a scan of the response to the CCA.

 

There is a online application file, 3 pages of terms and conditions, and the default notice I mentioned in an earlier post that is 18 months earlier than reported on my credit file.

 

Vanquis .pdf

[dx100uk]

pretty much the stuff they have supplied in various lowell vanquis claimform threads here already..

that they have either lost in court or discontinued before a hearing 

[just_jue]

Been reading up with the won cases.

 

Do I just wait and see if they go ahead now?

[dx100uk]

go ahead with what?

 

dx

 

[just_jue]

If they go further with a court case as they have sent a CCA request and DN

[dx100uk]

Depends how brave they feel that the docs are enforceable, which going by time after time, they have lost/folded claims on...they are not.

 

it also depends upon how they feel you might respond and if you might be a wet yourself and cough up or panic and make mistakes during the process....

 

by reading up carefully, most of those will vanish.

 

 

[just_jue]

Thanks DX,

 

Have been having a good read and see what they plan to do next.

[just_jue]

Had another  Letter of Claim come through today, do I fill this in again and send it off?

[dx100uk]

Repeat rewash.. Yes

[just_jue]

3rd Letter before claim now, same as before?

[just_jue]

They have now sent a claim form:

 

Name of the Claimant ? Lowell -

Overdales sols

 

Date of issue –  21st April

 

Particulars of Claim

 

What is the claim for –

 

1.The claim is for the sum of £2649.23 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis Account reference 4023xxxxxx.

 

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 complied with.

 

3.The debt was legally assigned to the claimant on xx-xx-xx, 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 these proceedings in the sum of £211.94.

 

The claimant claims the sum of £2861.17

 

What is the total value of the claim? £3056.17
 

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

 

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 ? 2009
 

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
 

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 sure
 

Did you receive a Default Notice from the original creditor? no only seen after SAR OC
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure
 

Why did you cease payments? lose of job
 

What was the date of your last payment? 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? was with step change till 2018 then no payments after closed DMP down.
 

 

 

a.pdf

[dx100uk]

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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]

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

 

[just_jue]

Had a reply from Overdales, and they have sent the same documents as before from the PAP request as uploaded in #31.

 

Am I right that my defence has to be in by the 24th?

 

 

 

[dx100uk]

On 25/04/2022 at 12:06, dx100uk said:

 

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

 

[AndyOrch]

Quote

Am I right that my defence has to be in by the 24th?

 

 

Monday 23rd by 4.00pm

[just_jue]

I am working through my defence and looking at the statements amount and the default notice the amounts are different amounts.

 

As I put earlier the paperwork they sent through is the same as before so no IP address on the CCA or the terms .

 

Have they fulfilled their part?

 

I did have ROP to start with along with the Identity theft cover they recommended that was quickly stopped after I had paid for it. They did refund the ROP interest later but not what I had paid, and I have been self employed all the time so I wouldn't of been able to claim at all.

 

Thanks

 

JJ

[dx100uk]

ROP etc plays no part sadly, the debt has been sold on.

 

the differing amounts might play a part to point out if this ever gets to the disclosure stage, for now, keep that up your sleeve.

 

dx

[just_jue]

1st draft if anyone can look over it please:

 

Particulars Of Claim

 

1.       The claim is for the sum of £xxxx.xx due to the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of 4023xxx

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 complied with.

3.       The debt was legally assigned to the claimant on xx-xx-xx, 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 of these proceedings in the sum of £xxx.xx

5.       The Claimant claims the sum of £2861.17.

 

 

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; the claimant has since provided 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.

 

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 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.

 

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

 

4.  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;

 

[AndyOrch]

Fine...although you appear to have missed off the ending ?

 

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

6. 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.

[just_jue]

Thank you Andy, will add that.

 

Is there anything else to add now or just upload that as is?