Lowell Claimform - old Vanquis Card Debt *** Claim Discontinued***

[Mandorallan]

Hey all.

 

I've been on here a while ago to get advice for various friends

- now I find that it is I that needs you advice! 

 

When Covid hit I quickly ended up with no money coming in, I ended up in arrears in various places. 

 

Amongst the various creditors I had a couple of credit cards, one of which I managed to keep minimum payments to, the other (Vanquis) got cancelled (by them - I actually tried to go into their app to start making payments and found that it had been cut off).

 

I've managed to (mostly) get straight again, but now I have received the attached missive in the post.

 

What do I do?

 

[dx100uk]

its a court claimform...so you've ignored the letter of claim they sent a few weeks ago as well as loads of others?

 

had to remove it as you'd not bothered to redact your pers details from it.

we don't need it so don't bother putting it back up

 

please complete this:

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

 

 

[Mandorallan]

I may have - frankly, with everything that was coming in I can't remember.

[dx100uk]

you are safe to ignore most pointless letter tennis from powerless DCA's whom are not bailiffs and can 99% of the time be ignored totally.

however you should never ignore a letter of claim with a reply pack cause that 9/10 results in a claimform from northants bulk as you've just discovered.

 

never mind 

link please!!

 

 

 

 

 

[Mandorallan]

Name of the Claimant ? Lowell

 

Date of issue – 18/06/2021

 

Date  to acknowledge - 04/07/2021

 

Date to submit defence = 18/07/2021

 

What is the claim for – 

 

1. The claim is for the sum of £1800.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxxxxxxx

 

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 30-09-20, 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 £103.82

The Claimant claims the sum of £1925.62

 

What is the total value of the claim? £2120.00
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not certain
 

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? N/A

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 ? On line
 

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

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. Purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not certain
 

Did you receive a Default Notice from the original creditor? Not certain
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? No money coming in at all - cancelled contract followed by Covid.
 

What was the date of your last payment? Uncertain - Late 2019
 

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

 

Dear oh dear - looking at the answers makes me look like a complete muppet. And I was so down on others who got themselves into exactly the same mess - in my defence I did manage to sort out all of the other debts...

[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
 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.

 

 

 

 

 

 

 

 

 

[dx100uk]

you left your name on that post hidden

so have you been up on the MCOL website and done AOS as i explain above?

forget the forms in the post, they are all simply for ref.

[Mandorallan]

Yes, just as you said (or, rather, as I understood it). 

[dx100uk]

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]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

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]

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

 

you then need to get reading up 

 

read the lowell vanquis threads  ,, 

Programmable Search Engine (google.com)

 

the more you read the stronger we become.

 

 

 

 

 

 

[Mandorallan]

Could you redo the Lowell Vanquis link please?

[dx100uk]

link in my last post works ok

scroll up to it and click it

 

[Mandorallan]

Right - both letters sent as per your link (24 hour delivery, tracked and signed for).

[Mandorallan]

Well, nothing as yet... What is the "statutory time limit"? A month?

[dx100uk]

On 28/06/2021 at 23:01, Mandorallan said:

Date to submit defence = 18/07/2021

i hope you filed your defence.

 

dx

[Mandorallan]

Oh gods - when you said don't file one yet...

[dx100uk]

On 29/06/2021 at 01:05, dx100uk said:

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]

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

 

you then need to get reading up 

 

read the lowell vanquis threads  ,, 

Programmable Search Engine (google.com)

 

the more you read the stronger we become.

 

go find a defence quick 

post it up here

you might well be able to still file it via MCOL.

 

this is why you were told to click the link above and READ UP. so you are prepared.

[dx100uk]

adapt the one in about post 29 here

 

post it up 1st mind.. y

 

[Mandorallan]

Seems that nothing has gone forward, as yet - the only thing on MCOL is the acknowledgment of service.

[dx100uk]

adapt the above defence quick

post it up here for checking

get it filed on MCOL.

 

 

[Mandorallan]

1. The claim is for the sum of £1800.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxxxxxxx

 

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 30-09-20, 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 £103.82

The Claimant claims the sum of £1925.62

 

 

 

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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

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 29/06/2021 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 29/06/2021 via royal mail. An acknowledgment was received, the claimant as yet to comply. 

 

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 pursuant to sec 87(1) CCA1974

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.

Seems that they put everything in the same order in the claim (unsurprising, I guess).

[dx100uk]

Looks ok let @Andyorch give the once over before you file it on mcol

[Mandorallan]

OK, will do

[AndyOrch]

Fine just a few tweaks and the addition of PAP none compliance. File now on MCOL.

 

Regard's

Andy

[Mandorallan]

Thanks Andy - where would I find a example of PAP non-compliance? Ignore - just seen that you did it!

Edited July 24, 2021 by Mandorallan

[AndyOrch]

The following is what you are referring to for reference in that it never happed.