Lowell/Overdales PAPLOC Now Claimform - old Vanquis Card Debt.

[persha50]

Hi - after some advice please.

Had a credit card with Vanquis handed over to Lowell on 24/04/2016.

When they originally contacted me I dispute the outstanding amount as there were PPI charges on the account which I trying to get back from Vanquis.  Stopped receiving letters from Lowell so that was that. 

back in 2019/2020 started getting letters again from Lowell which I disputed. 

I did ask for a copy of the notice of assignment but got sent an email copy which was not on a letterhead also contact numbers missing so queried this as not being a true copy and something they had just printed off.  The amount on the NOA is £1516 but on my credit record its £1443 so not sure why the amounts are different. 

About a week before receiving the claim form I got a letter from Lowell saying that they had wrongly put charges on my account and would be refunding these, although did not give amounts.

Got a claim form from them on 26/11/2021 issued by Oversales but the amount in the form does not reflect any refund either.  I have not idea why my credit record saying £1443 but they are stating £1516.

I will be replying to the claim form via moneyclaims and send SAR to Oversales but would appreciate advice etc regarding my defence.

I am attaching copies of letters I have from them.

CAG - NOA.pdf

Overdale notice of N1 issued letter.pdf

[honeybee13]

Could you let us have the information requested in this forum sticky please? Then we can start fo advise you.

 

 

HB

[persha50]

 

Name of the Claimant ? LOWELL

 

Date of issue –  26 NOVEMBER 2021

 

Particulars of Claim

 

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

 

1.The claim is for the sum of £1443.27 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxx

 

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 27-04-16,  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 £115.46

The Claimant claims the sum of £1558.73

  

What is the total value of the claim? 1753
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes they did but its more than 30 days after letter when they issued the claim form
 

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?

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 ? 2012
 

Do you recall how you entered into the agreement...On line /In branch/By post ? OVER THE PHONE
 

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 ORIGINALLY - BUT THEY HAVE EMAILED ME A COPY
 

Did you receive a Default Notice from the original creditor? NOT SURE
 

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? EXCESSIVE CHARGES AND PPI CHARGES
 

What was the date of your last payment? NO SURE = ABOUT JAN 2016
 

Was there a dispute with the original creditor that remains unresolved? YES - REGARDING CHARGES AND PPI
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO
 

Claim Form - Overdale.pdf

Edited March 1, 2022 by dx100uk
formatting

[dx100uk]

you've had enough claimforms already to know EXACTLY what to do 

which is not ever an SAR to a solicitor..

 

i suggest you go read your old claimform threads and get back upto speed.

 

also not sure why to date, you've been entering into pointless letter tennis with a DCA and about a silly NOA? thats pretty much immaterial , but checking the agreement is enforceable by sending a CCA request is...

 

but you ignore them unless you get a Letter of Claim.

 

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 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]

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

 

 

dx

 

[persha50]

Quote

 

also not sure why to date, you've been entering into pointless letter tennis with a DCA and about a silly NOA? thats pretty much immaterial , but checking the agreement is enforceable by sending a CCA request is...

but you ignore them unless you get a Letter of Claim.

 

 

Reason for the above was to avoid the issue of a letter of claim.  If the NOA was incorrect they would have no reason to issue a Letter of Claim.  Not having a legal background thought this was the best way.

[dx100uk]

ok, but, better to ask first every time please.

 

 

[persha50]

I am struggling to log into MCOL again.  It seems once you hve logged in when you try 2nd time it does not go through.  It keeps saying user name or password not found.

Can I email the response form (page 2 only) or does it have to be posted.

[dx100uk]

You mean doing aos?

 

DX

[AndyOrch]

1 hour ago, persha50 said:

I am struggling to log into MCOL again.  It seems once you hve logged in when you try 2nd time it does not go through.  It keeps saying user name or password not found.

Can I email the response form (page 2 only) or does it have to be posted.

 

Not the actual form...but...

To be sent by email

With the Subject heading

Send to email address

Claim Responses

Claim Responses

Complete Online at:

www.moneyclaim.gov.uk/

[persha50]

Hi - request copy of my file held by Lowell via their solicitors Overdales.

 

Got an email yesterday saying my file is ready for viewing online and I am just waiting for the passcode to arrive via the post.

 

What do I need to look for in the pack. 

have already sent me a copy of my original agreement signed online. 

 

What do I need to put my defence as being the PPI they charged which I disputed. 

Also the different amounts in their requests for payments.

They also contacted me saying they were going to refund part of their charges which had been done in error but this has not been done. 

I cannot find the letter but I am hoping it will be in the pack.

Edited December 30, 2021 by dx100uk
spacing

[dx100uk]

have you done AOS and CRP 31.14?

[persha50]

I did the AOS and SAR.  They had already sent me copies of the default notice, original online agreement and NOA.

 

 

[persha50]

Just received a letter from them saying I need to respond by 9th January if not they will ask for a CCJ to be issued.  I hve still not received the pin number to access my online documents which they emailed to me on 29/12/2021.

 

Any advice on the next step.

[AndyOrch]

Respond to what ?

[persha50]

They have said to the county court judgement.  I responded to the AOS via email as could not log onto MCOL.

Sent off for SAR which I got via email on 29/12 but still waiting for the pin number via post to I can access.

They ask to phone if not received but no number of email so have emailed twice advising no pin received.

[AndyOrch]

Have you submitted a defence...was due 28/29th Dec 2021 ?

[persha50]

No as had not received my SAR documents.  The letter from Overdales says 9th Jan I need to respond.

[dx100uk]

You should not have been awaiting docs before you file your defence

On 07/12/2021 at 20:01, 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]

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

 

Is mcol working for you now?

 

Well

you need to be filing a proper defence today,now by 4pm, in the correct format. Else another day is wasted.

 

is mcol working now?

[persha50]

Hi - only just seen the post as I have been vaccinating all afternoon.  No MCOL is still not working for me.

I wanted to see the paperwork as I have been trying to get PPI back from them so wanted the amount.  It has been awhile so don't have the relevant paperwork.

What is the defence I need to submit.

[dx100uk]

you were told long ago forget the ppi thats nothing to do with this claimant nor their court claim, that would be between you and the original creditor and a separate issue.

 

so 4th time

 

is mcol login working for you now?

 

Aha still not working so you can email a defence tonight then..

lets see what you filed before in your other threads.

 

Any of these should do

 

post it up here 1st and we'll give you the email ad of northants bulk

 

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^^^

 

Dx

[persha50]

Sorting this out now.  Wjat is statute of limitations.  My last payment to Vanquis was in May 2015.

[dx100uk]

and you've paid no-one anything since? 1000% sure

 

On 07/12/2021 at 19:46, persha50 said:

What was the date of your last payment? NO SURE = ABOUT JAN 2016

 

i believe this is you under a diff username about the same debt?

 

 

[persha50]

I am not 1000% sure, Jan 2016 is the date they have on my credit report for a default but according to the statement of my payments they have on file my last payment date was May 2015.  See attached extract from the statement they have on file.

 

vanquis statement last pay.pdf

 

That was from me yes but after that I queried charges with them as well as doing a PPI claim with them but never heard back. 

As you can see in the posts payment was stopped due to hubby not working in May 2015.

[dx100uk]

under the login details of the claim you have to mcol did it ever work for this claim from day 1?

 

i'm wondering if you had an earlier login as you have other claim threads so must have already registered and cant have 2 logins 

 

here is the defence you need to file

 

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

 

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

 

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to [email protected] 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 

 

dx

 

 

 

[persha50]

Never got onto MCOL. 

 

I did email saying I was struggling and got a reply saying site was having problems and to email.  Have proof I did try.

d

Overdales also contacted me on 30/04 and 07/09 (same letter) saying I had 30 days to contact them or CCJ would be issued.  Which I ignored

 

then got a letter on 02/12 which was a Notice of Claim. 

Don't understand why they did a CCJ after 2nd letter and not 1st????

 

How do I get it taken off my credit file?