The trial date is in a weeks time. this is what I has happened recently; 10th March - Court sent trial date letter requesting deed of assignment or fees for claimant to pay. 16th March - Letter from Lowell with redacted deed of assignment. Plus further request for tomlin order 25th March - Witness Statement RC-1 response to request for information on the account RC-2 Account Statement RC-3 Notice of Default( 27-06-2014) RC-4 Notice of assignment of debt (22-07-2015) RC-5 Multiple Letters sent by Lowell offering payment plans RC-6 Lowell response to my request for default notice (wasn't supplied), and an offer I made for 50% payment to close the account RC-7 Lowell providing account purchase agreement to the court additionally; Digital Signature Application Details Pre-Contract Credit Information Credit Card agreement Regulated by the Consumer Credit Act 1974

great thanks That's definitely something to work with. documents again, now fully redacted! Lowell PAPLOC Return CCA+DN+Letters.pdf

does this negate the need for proof I ever signed up? there's a date at the top of the default letter too In February I tried to negotiate a settlement figure the same as this letter they sent be two years ago. lowell 60% discount offer.pdf

sure, here you go. Lowell PAPLOC Return CCA+DN+Letters.pdf

Yes thats correct. Everything the Judge asked for in the last letter has already been provided to me. I'm still not sure what my angle is going to be when I get a court date. From the other threads I've read it seems that missing paperwork and old debts are how defendants win. Everything is in order from what I can tell.

Just received the following. I presume this is standard protocol for the court. general form of judgementor order.pdf

OK thanks got it. Lowell have provided me with; Application details (electronic sig), Pre-Contract Credit information Notice of Default Full account statement Details of it being sold to Lowell on 24/06/2015 debt is within 6 years As far as I can see, everything is in order. Not sure how I can win and have the debt made unenforceable by the court?

Thanks, but I thought I was following the advice DX gave? I'm at the stage where Lowell and I couldn't come to a agreement through mediation, so the next stage is court. From what DX said, my understanding was that any missed payment, default fee etc. isn't enforceable. So the CI and Stat interest sheets are used to calculate the 'real' debt owed. Is this not correct?

Thanks for your help so far DX. I just wondered if you could double check my understanding and a couple on dates on my CI and stat int sheets? Stat Interest - This is 8% on all the charges from the day they were taken until today? CI Sheet - This is how much interest Vanquis charged on the £12 fees from thee date of the fee until last interest charge? Account Opened - 12/02/2012 Last Interest Charge - 20/07/2014 Default Served - 27/06/2014 Overall I have 30 * £12 charges. Stat Interest = £184 Compound interest = £146 30 * £12 charges = £360 Total = £690 CISheet.xls StatIntSheet v101.xls

phew, just got an email from scmreferrals@justice.gov.uk. I was worried that because the N180 was 5 days late, they would reject it. OK thanks. I presume it will still drop off my history October/Nov 2020, 6 years after the initial default date of October 2012. Its the only negative thing on my record.

I've just had another look at the CI and Stat interest sheets. There was no PPI on this account. Total of debt bought by Lowell = 1750.29 minus Compound interest = £452.59 Statutory Interest = £486.57 = £811.13 enforceable What I find strange is that I have a letter from Lowell financial dated 2017, offering to close the account for £700.12 (60% of the total). This is less than what I calculate to be enforceable. StatIntSheet v101.xls CISheet v101.xls

Thanks. So I just wait for a letter from the local CC? The N180 had a return address of Northampton, so I assumed there would be something else on MCOL. I presume they just forward the N180 to the local court?

nothing has changed on MCOL yet. I presume if it is accepted, there will be a new entry?

2 hours to Northampton, so I dropped it off at the post office -Special delivery 1pm.

I think ive just messed up.. been away for two weeks and just got back to a letter... (N180) The filing date says 1st November, although still cant see anything on MCOL. Just had an email from a credit site that my score has gone down. checked and Lowell has updated the default date.

Thanks both. Yes I have read a number of Lowell claim threads in the downtime. I did wonder if they had been premature, thanks for confirming. This is all MCOL says; Claim History Your acknowledgment of service was received on 04/09/2019 at 08:05:36 Your defence was submitted on 16/09/2019 at 18:38:20 Your defence was received on 17/09/2019 at 08:06:04 The 'Acknowledgement of service' and 'Response Form' sections are showing as being completed by me, there doesn't seem to be an option to do anything else right now.

Lowell have kindly sent me a copy of their completed Directions Questionnaire requesting mediation. This came through on the 24th, although I haven't received one from the court yet. Should I have? lowell N180.pdf

Perfect. Thank you!

How does that look?

Defence 1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxxxx (the Agreement') 2. The Defendant failed to maintain the required payments and arrears began to accrue. 3. The Agreement was later assigned to the Claimant on 24/06/2015 and notice given to the defendant. 4. Despite repeated requests for payment, the sum of £1,750.29 remains due and outstanding. 5. And the Claimant claims a) The said sum of £1,750.29 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.384, but limited to one year, being £140.02 c) Costs ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1. 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. 2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Vanquis. However, I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request. I am unaware of what account or contract the claimant refers to. 3. Paragraph 2 is noted but not admitted , the claimant is put to strict proof to evidence any breach and service of Notice of Arrears and Default Notice pursuant to section 86c and 87 of the CCA 1974. 4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in June 2015. 5. The defendant submitted a request for documents pursuant to CPR 31.14. on 1st September 2019. The claimant has failed to comply. 6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 1st September 2019. The claimant has failed to comply. 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to; (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the nature of breach and service of a Default Notice (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 10. 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.

OK thanks DX I understand that I can only have one default, just keen to avoid the CCJ! I have already completed the AOS as you instructed, sent for a CCA and CPR 31:14 The nest step is to submit my defence. I think I'm just getting mixed up on the terminology and struggling to understand the full picture. I assumed 'defence' was effectively saying I do not know anything bout the debt/its not mine etc. Where as I know the debt is mine and have previously tried to negotiate a settlement figure. I know this and so does Lowell. So what would my reason for defence be? If I loose Would I get a CCJ?

So I'm now defending my claim. I have until the 17th September to submit my defence (12 days). How do I go about this? Lowell have previously sent me an offer of £1000. although when I made contact with them some time later they would not accept my offer of £1000 to close the debt. Should I pursue this with them? The last thing I want is a CCJ/default to come out of this. If it goes to court, I agree to pay, will this happen?

Thanks DX, Thats all done so far. Completed the AOS Sent a CCA (already requested in the past, but sent for another anyway) Sent CPR 31:14

I'm not sure sure what route to take. The guide you posted is very thorough, but focuses on making a complete defence. I dont dispute the claim and have tried a number of times to negotiate a settlement fee with Lowell. Should I be defending the complete amount? Date of Issue ? 22/08/2019 Name of the Claimant ? Lowell Portfolio I Ltd What is the claim for – 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference (the Agreement') 2) The Defendant failed to maintain the required payments and arrears began to accrue. 3) The Agreement was later assigned to the Claimant on 24/06/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,750.29 remains due and outstanding. 5.And the Claimant claims a) The said sum of £1,750.29 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.384, but limited to one year, being £140.02 c) Costs What is the total value of the claim? 2075.31 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? Yes Did you inform the claimant of your change of address? Yes 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 ? 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? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Could not afford to pay What was the date of your last payment? Jan 2015 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? Yes

I received another letter today. This one looks a little more legitimate. I presume this is an N1?