Lowell/Overdales Claim form 3 merged debts - Vanquis Card - New Day Card - Shop Direct CAT

[PoolerBoy]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 18/1/2022

 

Date of issue To Acknowledge 04/02/20222

Days to submit defence = 18/02/2022

 

Particulars of Claim

 

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

 

1) The claim comprises the following agreements the defendant entered into:

 

a. shop direct with reference ########## and current balance of £####.##

b. vanquis with reference ############ and current balance of £###.##

c. newday with reference ###### and current balance of £####.##

 

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

and the claimant claims:

a) The total of the said sums being £####.##

b) Interest persuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £###.##

c) costs

 

Amount claimed £####.##

Court fee £205.00

Legal Representatives costs £100

Total amount £55##

 

 

What is the total value of the claim? G£55##.00
 

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

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? 2x Credit Card and One Catalogue
 

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 ? I think Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not Sure
 

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. Assigned and issued by the purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? Not Sure, I don’t think so
 

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

What was the date of your last payment? Unsure but not statute barred
 

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

 

 

Just to check, do I do a CCA for each one individually or do I do 3 separate ones and can I put them all in the same envelope. Also is it 3 postal orders for £1each, one for £3, or one for £1.

 

I assume CPR to Overdales who are the acting solicitor.

 

thanks

 

[AndyOrch]

Separate CCA x3  payment can be one x £3...yes CPR to Overdales......your defence date will be 17th a Friday 16.00...MCOL shuts down over the weekends so if you submitted Saturday it wont be processed until Monday 21st.

 

Andy.

 

 

.

[PoolerBoy]

Thanks Andy.

[dx100uk]

give us debt details like OC's PB

could make all the difference.

 

and note your corrected dates please

 

dx

 

 

[PoolerBoy]

OC 1 is Shop Direct

OC 2 is Vanquis Bank

OC 3 is New Day Ltd

 

What do you mean by PB please?

 

New dates noted thank you.

[dx100uk]

pb is you....

 

there are quite a few of these merged lowell claimform threads here

you've probably read them , but in case you haven't ...worthy to read them

in the end they typically fall over or run away.

 

they neve expect a defence to be filed...

[PoolerBoy]

thanks DX, I have beaten them on 3 occasions so far with your advice. This is the first tripler I've had though.

[dx100uk]

you'd think they not try the will you wet yourself route by now on you...

[PoolerBoy]

Yep. They must hate you with a passion. 

[PoolerBoy]

Hi folks

 

1) The claim comprises the following agreements the defendant entered into:

 

a. <Mail Order Company> with reference ########## and current balance of £####.##

b. <Credit Card Company> with reference ############ and current balance of £###.##

 a < Credit Card Company > with reference ###### and current balance of £####.##

 

2.The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

 

and the claimant claims:

a) The total of the said sums being £####.##

b) Interest persuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £###.##

c) costs

 

Amount claimed £####.##

Court fee £205.00

Legal Representatives costs £100

Total amount £55##

 

 

What is the total value of the claim? G£55##.00

 

I have drawn up my defence to submit this week. Please see below, any advice greatly appreciated:-

 

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 particular allegation to which a specific response has not been made.

 

1. Paragraph a thru c is accepted insofar that relationships did exist

between the Defendant and each of Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. However the Defendant cannot recall these accounts (Agreements) and the Claimant has yet to supply the Defendant with a copy of the Accounts/Agreements mentioned in particulars of Claim.

 

2. Paragraph 5 is denied, the defendant does not recall any breach and again the Claimant has yet to supply me with a copy of the agreement requested through the PAPDC reply form and CPR 31.14.

 

The Defendant denies failing to maintain the required payments to

Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. It is denied that the Defendant failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have been sent to the Defendant by the claimant

 

3. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement.

 

b. Show how the Defendant has reached the amount claimed for.

 

c. That the Defendant failed to maintain the required payments and the service was terminated as claimed.

 

d. Show how any breaches occurred and how valid Default Notices were issued.

 

4. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

5. The Defendant has also provided the claimant directly with a written Section 78 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. To date the claimant has failed to provide the requested document copies."

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thank You again!!

 

Hi DX, I'm not sure what to do here. Do I add the POC to my defence as paragraph 1? or do you want me to amend them in Post 1? I have added the totals and names of OC below:

 

1) The claim comprises the following agreements the defendant entered into:

 

a. Shop Direct Financial Services with reference ########## and current balance of £481.84

b. Vanquis Bank with reference ############ and current balance of £2560.91

c. New Day Ltd with reference ###### and current balance of £1687.37

 

2.The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

 

and the claimant claims:

a) The total of the said sums being £4730.12

b) Interest persuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £297.11

c) costs

 

Amount claimed £5027.23

Court fee £205.00

Legal Representatives costs £100

Total amount £5582.23 

 

 

Edited February 14, 2022 by dx100uk
added poc

[dx100uk]

2 hours ago, PoolerBoy said:

2. Paragraph 5 is denied, the defendant does not recall any breach and again the Claimant has yet to supply me with a copy of the agreement requested through the PAPDC reply form and CPR 31.14.

 

the poc has been inserted for you to align your defence para too. it does not form part of your defence

 

cant see where the above is relevant and there is no para 5 in their POC

what are you referring too?

 

your need to address their para 2. also.

 

[PoolerBoy]

Is this any better?

 

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 particular allegation to which a specific response has not been made.

 

1) The claim comprises the following agreements the defendant allegedly entered into:

 

a. Shop Direct Financial Services with reference ########## and current balance of £481.84

b. Vanquis Bank with reference ############ and current balance of £2560.91

c. New Day Ltd with reference ###### and current balance of £1687.37

 

The defendant does not have an recollection of any of these agreements.

 

2. Paragraph 2 is denied. The defendant does not recall any breach and again the Claimant has yet to supply me with a copy of the agreement requested through the PAPDC reply form and CPR 31.14.

 

The Defendant denies failing to maintain the required payments to

Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. It is denied that the Defendant failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have been sent to the Defendant by the claimant

 

3. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement.

 

b. Show how the Defendant has reached the amount claimed for.

 

c. That the Defendant failed to maintain the required payments and the service was terminated as claimed.

 

d. Show how any breaches occurred and how valid Default Notices were issued.

 

4. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

5. The Defendant has also provided the claimant directly with a written Section 78 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. To date the claimant has failed to provide the requested document copies."

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

On 14/02/2022 at 16:24, dx100uk said:

 

the poc has been inserted for you to align your defence para too. it does not form part of your defence

 

cant see where the above is relevant and there is no para 5 in their POC

what are you referring too?

 

your need to address their para 2. also.

 

Sorry it was a typo and was supposed to address their Para 2

Edited February 14, 2022 by PoolerBoy

[dx100uk]

1 hour ago, PoolerBoy said:

2. Paragraph 2 is denied. The defendant does not recall any breach and again the Claimant has yet to supply me with a copy of the agreement requested through the PAPDC reply form and CPR 31.14.

 

breach evidence wont be part of the agreement return.. it will be evidence like default notices etc,.

[PoolerBoy]

Paragraph 2 amended.

 

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 particular allegation to which a specific response has not been made.

 

1) The claim comprises the following agreements the defendant allegedly entered into:

 

a. Shop Direct Financial Services with reference ########## and current balance of £481.84

b. Vanquis Bank with reference ############ and current balance of £2560.91

c. New Day Ltd with reference ###### and current balance of £1687.37

 

The defendant does not have an recollection of any of these agreements.

 

2. Paragraph 2 is denied. The Claimant has yet to supply the defendant with a copy of the any agreement or other such documents requested through the PAPDC reply form and CPR 31.14.

 

The Defendant denies failing to maintain the required payments to Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. It is denied that the Defendant failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have been sent to the Defendant by the claimant

 

3. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement.

 

b. Show how the Defendant has reached the amount claimed for.

 

c. That the Defendant failed to maintain the required payments and the service was terminated as claimed.

 

d. Show how any breaches occurred and how valid Default Notices were issued.

 

4. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

5. The Defendant has also provided the claimant directly with a written Section 78 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. To date the claimant has failed to provide the requested document copies."

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

16 minutes ago, PoolerBoy said:

Defendant by the claimant

Nor by the original creditors.

[PoolerBoy]

Sorry DX, where is this by in my defence as I can’t see it. 
 

thank you for all your help. 

 

ah...found it

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 particular allegation to which a specific response has not been made.

 

1) The claim comprises the following agreements the defendant allegedly entered into:

 

a. Shop Direct Financial Services with reference ########## and current balance of £481.84

b. Vanquis Bank with reference ############ and current balance of £2560.91

c. New Day Ltd with reference ###### and current balance of £1687.37

 

The defendant does not have an recollection of any of these agreements.

 

2. Paragraph 2 is denied. The Claimant has yet to supply the defendant with a copy of the any agreement or other such documents requested through the PAPDC reply form and CPR 31.14.

 

The Defendant denies failing to maintain the required payments to Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. It is denied that the Defendant failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have been sent to the Defendant by the claimant or the Original Creditors.

 

3. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement.

 

b. Show how the Defendant has reached the amount claimed for.

 

c. That the Defendant failed to maintain the required payments and the service was terminated as claimed.

 

d. Show how any breaches occurred and how valid Default Notices were issued.

 

4. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

5. The Defendant has also provided the claimant directly with a written Section 78 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. To date the claimant has failed to provide the requested document copies."

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Is this ok to go now or does it need any further changes please?

[dx100uk]

Getting there i think

not due till friday

let @Andyorch check it 1st please

 

Dx

[PoolerBoy]

Thanks DX. Over to the fabulous Andy now. 

[AndyOrch]

1) The claim comprises the following agreements the defendant entered into:

 

a. Shop Direct Financial Services with reference ########## and current balance of £481.84

b. Vanquis Bank with reference ############ and current balance of £2560.91

c. New Day Ltd with reference ###### and current balance of £1687.37

 

2.The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

 

and the claimant claims:

a) The total of the said sums being £4730.12

b) Interest persuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £297.11

c) costs

 

Amount claimed £5027.23

Court fee £205.00

Legal Representatives costs £100

Total amount £5582.23 

 

 

######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 particular allegation to which a specific response has not been made.

 

1. The Claimant has not fully complied with paragraph 3 of the PAPDC (Pre Action Protocol) having failed to disclose the requested documents on which this claim relies upon. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. The claim comprises the following agreements the defendant allegedly entered into:

 

a. Shop Direct Financial Services with reference ########## and current balance of £481.84.

b. Vanquis Bank with reference ############ and current balance of £2560.91.

c. New Day Ltd with reference ###### and current balance of £1687.37.

 

The defendant does not recall with any precision the agreements referred to above and has sought further information from the claimant.

 

3. Paragraph 2 is noted although the claimant has yet to provide any evidence with regards to the alleged agreements, when the agreement were defaulted when terminated or if a default notice was ever served by the original creditors pursuant to section 87(1) of the CCA1974.

Further with regards to Assignment it is denied I was ever served with Notice of Assignment's for each f the agreements pursuant to sec 136 Law and Property Act 1925. 

 

4.On receipt of this claim I requested by way of Section 78 request x 3 pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreements relating to the alleged Shop Direct Financial Services, Vanquis Bank, and New Day Ltd. To date the claimant has failed to comply with the requests and is therefore prevented from enforcing the above agreements pursuant to section 78 CCA1974 until such time they can comply.

 

The claimant has also failed to respond to a CPR 31.14 request for the alleged documents on which this claim relies. The claim has yet to be allocated to track and therefore my request is legally valid.

 

4. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement/s.

 

b. Show how the Defendant has reached the amounts claimed.

 

c. Show and evidence when valid Default Notices/Termination were issued for each agreement and dates terminated.

 

d. Evidence Notice of Assignments for each of the agreement/s

 

5. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[PoolerBoy]

Thanks Andy. This version is now ready to go when I add the references in yes?  Thank you for all you do here. 

[AndyOrch]

Reference's ?

[PoolerBoy]

1 minute ago, Andyorch said:

Reference's ?

Yes delete the XXxX from the references in the claim that’s all. 

[AndyOrch]

Agreement references...yes and your good to go.

[PoolerBoy]

Thank you so much. You are so valuable to us folk. 

[PoolerBoy]

Morning Guys

 

I've received a response from Overdales to the CPR and S78 request. I've attached a redacted PDF for you to have a look at. It seems the Very DN is no longer available but they have sent some really odd looking "Teletext" document instead. 

 

The Vanquis statements are just bare A4 printouts not actual proper statements. The other Vanquis doc is only the alleged application with no IP address or anything else.

 

Thanks

Overdales response to CPR Very part of it.pdf

 

Vanquis element redacted pdf

Vanquis Docs Redacted.pdf