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

 

[PoolerBoy]

Thanks Andy.

[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.

[PoolerBoy]

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

[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

[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

[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.

[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?

[PoolerBoy]

Thanks DX. Over to the fabulous Andy now. 

[PoolerBoy]

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

[PoolerBoy]

1 minute ago, Andyorch said:

Reference's ?

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

[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

[PoolerBoy]

Just had an answerphone message from Overdales wishing to speak to me regarding the documents they recently sent.....Ummmmmmm no chance. the cheek of them 

[PoolerBoy]

another one from them calling to bring the claim to an "amicable solution" lol

[PoolerBoy]

Hi DX

 

i had the court date letter yesterday for end of July. Witness statement due 14th so I will be putting it together soon. Your advice will be appreciated as I can’t see many of these  multiple claim posts. 

[PoolerBoy]

Quick update. Lowell have discontinued the Vanquis part of the claim just as you said dx.

 

The Shop direct part they admit they do not have the default notice, they sent a screen grab of some msdos like printout that says one was sent but no actual one exists. In my witness statement I will request this gets thrown out as they cant produce one and previous experience shows that they will not be able to proceed without it.

 

The final part, the New Day card, they have loads of statements on headed paper, an assignment notice, the default notice is on headed paper. The agreement is uploaded below if someone can take a look for me please as this is the only part of the 3 part claim I think they have any legs on with the above noted. However, I'm unsure of the agreement is valid.   

 

I have to put my witness statement together now by Wednesday.

 

Thanks 

 

 

New Day Credit Agreement.pdf

[PoolerBoy]

If you could check the attached agreement please dx it would be good. Thank you.

 

Also the blurry image is how they sent it to me. 

[PoolerBoy]

Hi dx

 

Default notice attached. No there isn't an ip address on there as far as I can see.

Default notice.pdf

 

I've just began the statement and this is V1. Does it look ok for starters?

WS Draft 1 redacted.pdf

 

Can anyone please give me some help? Thanks. 

 

Hello @Andyorchand @dx100uk Could you please give me some advice here on WS as I need it to go in now tomorrow.

 

Im getting stressed about this now and my health wont allow me the stress.

 

Thank you so much.

[PoolerBoy]

Thanks Andy, I wont but thought it was tomorrow to be safe. Can you help with the WS please?

[PoolerBoy]

Hi @Andyorch

 

Please see figures below:

 

a. shop direct with reference ########## and current balance of £481.84

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

c. newday with reference ###### and current balance of £1687.37

 

Amount claimed £5027.23

Court fee £455.00

Legal Representatives costs £100

Total amount £5582.23

 

New adjusted claim figures:

 

Account 1 £481.84                  Interest £36.00

Account 3 £1687.37                Interest £102.82

 

I have had their WS. Its over 180 pages long.

 

I have uploaded the Notice to Discontinue.

 

Thank you

Notice of Discontinuance Redacted.pdf

Edited July 12, 2022 by PoolerBoy

[PoolerBoy]

The agreement and DN are in this post as I uploaded them earlier.

[PoolerBoy]

Ok so which bits do you need? An example of the account statement and the 6 page written part? 

[PoolerBoy]

I think this is what you need....

Lowell WS redacted.pdf