carter/lowell claimform - vanquis 'debt'***Claim Discontinued***

[walpants]

Name of the Claimant ? Lowell portfolio I ltd

Date of issue – 10 july 2015

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

 

1.the claimants claim is for the sum of 724.73 being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and vanquis under account reference xxxxxxx

and assigned to the claimant on 23/02/2012, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has been complied with.

 

3.and the claimant claims 724.73

the claimant also claims statutory interest pursuant to s.69 of the county act 1984

at a rate of 8% per annum from the date o assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to 57.96

 

What is the value of the claim? 782.69

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

When did you enter into the original agreement before or after 2007? after

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 sure but probably

Did you receive a Default Notice from the original creditor? again not sure but probably

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

Why did you cease payments? was self employed at the time and was going out of business

What was the date of your last payment? don't know, not recent

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

[dx100uk]

ok well you know the MO from you other claim.

mcol

cca

cpr

 

 

dx

[Andyorch]

No much to go on with the above walpants .....do you intend to defend this?

 

Andy

[walpants]

I have just printed the cca request form and the CPR31.14 request and will be posting them tomorrow I will also acknowledge the service tomorrow.

 

sorry yes im hoping to defend and hope they don't produce the docs

 

hi, today I have received a response from bryan carter -

 

we confirm the claim form was issued by the ccbc and that courts protocol was followed when issuing the claimants particulars of claim..............

 

from what I have read this is a standard response from them? am I right in that I now need to prepare my defence?

[havinastella]

What is your defence? Remember, as the debt is post 2007, they don't need the original CCA.

 

Are there charges/PPI to reclaim?

 

Your only saving grace is Carter is the 'solicitor' and sometimes drops the case just because it's defended. I doubt he would lose in court on any post 2007 debts, but's he's too stupid to know that!

[walpants]

I wasn't aware of that, them not having the docs was my defence

 

 

what do I do now?

[havinastella]

Have a look here for a Carter case with similar POC

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[walpants]

ok I have had a read and found this post http://www.consumeractiongroup.co.uk/forum/showthread.php?410484-Lowell-Carter-Claim-Form-Received-on-Catalogue-debt-***-Claim-Discontinued***/page3

 

 

I think it is similar to mine but I haven't seen the year in which the account was started.

they did get the same response as me from bryan carter though.

 

they did file their defence on that the cpr had been refused but if they don't need one how did they manage to get them to back down on that alone?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428900-Northampton-Claim-by-Lowell-Vanqius-***-Claim-Struck-Out-***

 

this one is also very similar and it seems they do still need the paper work to proceed,

I must say I am a little confused as to what is right , any help would be much appreciated.

[dx100uk]

Last one is good

 

When is it due by?

 

DX

[walpants]

just worked it out and its 12th aug but I go away on the 10th for a week and will have no internet so will need to do it before I go.

 

this is a defence I have used before and it ended up stayed so is it ok to use again? I think it fits to the particulars of claim to this one as well.

I wont submit it yet but just wanted to check it is ok.

 

1.the claimants claim is for the sum of 724.73 being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and vanquis under account reference xxxxxxx

and assigned to the claimant on 23/02/2012, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has been complied with.

 

and the claimant claims 724.73

 

the claimant also claims statutory interest pursuant to s.69 of the county act 1984

at a rate of 8% per annum from the date o assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to 57.96

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement.The Claimant/Solicitor has failed to disclose any agreement/s or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a letter acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 18.07.2015.

 

I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have received a letter acknowledging my request. To date they have failed to supply the documents and remain in default. This was posted on the 18.07.2015.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 Section136 of the Law of Property Act and Section 82A of the consumer credit Act1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to.

[dx100uk]

due by 4pm tues 11th aug

 

 

I've brought down their poc

 

 

you need to align to their poc paragraph numbers

[walpants]

so do I need to take out what is there for para 3 and replace with something that refers to the interest charges they have added on?

[dx100uk]

or add para 3 to your para 2

 

 

2. Paragraps 1 & 3 are denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has failed to disclose any agreement/s or statements on which its claim relies upon.??

[walpants]

that sounds easier, shall I then take out number 4?

[dx100uk]

you need to keep in what are std sentences - look at the other defences you'll see around

[walpants]

ok so I have added 1 & 3 together and left the other in just as point 4 rather than referring it to a para

[dx100uk]

let andy ok things you've time yet

 

 

do not file without the go ahead

[walpants]

ok thank you I wont file until just before I go on holiday anyway.

[Andyorch]

Is that your final draft in post #14 Walpants ?

[walpants]

yes it is, is it ok?

[Andyorch]

Check it now....5 mins

[walpants]

thank you

[Andyorch]

Done...read it now and check...should flow better.

[walpants]

fantastic thank you so much

[walpants]

hi, defence has now been submitted, done it now as I am going away tomorrow for a week. thank you for your help and I will post the out come as and when