Lowell Claim Form - Vanquis Bank credit card

[limelight]

Greetings all,

 

It's been a while since I've posted on CAG seeing as I thought I'd sorted myself out.

 

today I got home to find a brown letter from Northampton

 

It's a claim form from Lowell for a Vanquis debt for £450 + court fee + legal costs.

 

Particulars are vague. Simply says I had an account. Didn't pay. Got defaulted.

 

I have nothing on my credit file for Vanquis or Lowell nor do I have any defaults.

I don't recall having a Vanquis card and it's been some years since I've even used a credit card.

 

I'd like to dispute this in full. Is the first step to acknowledge?

 

Many thanks in advance for your help.

[Bazooka Boo]

Hello LL,

 

Yes first step is to acknowledge via MCOL, but I believe you have some days in which to do this (18???)

 

Nothing too urgent yet.

 

If your CRF is clear then that is a very good indication that this is older than six years, so could be time barred?

 

In the same sense, if you know NOTHING of this debt, then do you have a common name?

 

Ever had a Vanquis card/account?

[dx100uk]

retitled and moved to legals

 

 

please fill this out:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[ericsbrother]

yep,

acknowledge within a fortnight first and you then have another fortnight to file a skeleton defence.

 

the first point that you can make in this is that the claimant has no cause of action against the defendant as you were never a customer of Vanquis and put it to strict proof of such a debt is yours.

 

After that you can say that the debt would in any case be statute barred.

 

Also,

send Lowell's a cca request along with a PO for a quid as you havent heard about this before.

 

 

Get this done now and refer to their response in your defence if they do indeed respond in the allowed time.

 

 

If they dont you can make this point as part of your defence as they cannot continue the claim without complying.

[limelight]

Hi All,

 

Update.

 

MCOL Acknowledged.

CPR and CCA requests sent - Lowells have acknowledged receipt.

 

In their Acknowledgement letter they state that they are requesting the documentation from the original creditor and that the account is on hold. They also state the following following:

 

"The deed of assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement or Deed of Novation exists between you and our client"

 

 

For clarity, the letter is from Lowell Solicitors, the client is Lowells and the creditor is Vanquis.

 

Any thoughts on this?

[Andyorch]

You didn't ask for the Deed..you asked for the Notice of Assignment...wish someone would explain the difference to Lowell then they could remove it from the above template

[limelight]

OK great so nothing to be bothered about.

 

They claim the default notice is being requested from the original creditor Vanquis but I see today that a default has appeared on my credit file in the name of Lowells. Does this matter? Should it say Vanquis?

 

Cheeers.

[dx100uk]

can you fill that link out in post 3 please

 

 

if you are 1000% it is statute barred

[why not go ring vanquish and check last payment date]

 

 

then theres nowt to stop you filing our SB defence today.

 

 

dx

[limelight]

Well. in view of the default I've seen today on my file and that the letter states the account was opened in 2012 I think this is a genuine debt. I'll wait and see what they come up with but will probably just pay it as claimed unless I can negotiate a discount which is probably too late now.

[Old Cogger]

surely you can remember if you did or not such a short time ago?

[Andyorch]

Well. in view of the default I've seen today on my file and that the letter states the account was opened in 2012 I think this is a genuine debt. I'll wait and see what they come up with but will probably just pay it as claimed unless I can negotiate a discount which is probably too late now.

 

Difficult for us to advise as we dont know enough about the debt or its history..until you complete the above link post #3.

 

Most Lowell claims either end up discontinued...or they dont follow the court directions.....or they dont show at court.

 

Would be a shame to pay them without them actually putting any effort into their claim.

[limelight]

You'd think so wouldnt you. A few years ago I sorted everything out, paid all debts and cleaned everything up based on what was reported on my credit file. I had 32 credit accounts - yes 32 and so my initial reaction is that I have no debt any more. The default went on my account in December and there's no historical reference to Vanquis. Anyway, it is what it is and if I have to pay I will.

 

I had an issue about 10 years ago where someone took out credit in my name so I'd rather double check and be sure.

[Andyorch]

See what I mean....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468024-Lowells-Court-Claimform-old-Barclay-Current-Acount-OD-debt-***Claim-Discontinued***

[limelight]

Hi All,

 

2 weeks have passed and I have no response to my CPR or CCA request.

 

Do I just leave this and wait or should I inform the court?

[Andyorch]

Difficult for us to advise as we dont know enough about the debt or its history..until you complete the above link post #3.

 

Most Lowell claims either end up discontinued...or they dont follow the court directions.....or they dont show at court.

 

Would be a shame to pay them without them actually putting any effort into their claim.

 

Still waiting for you to tell us about the debt by completing the above link ...then we can advise limelight

 

 

Andy

[limelight]

Name of the Claimant ?

Lowell Portfolio I Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

10th Jan

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference xxx xxx xxx xxx ("The Agreement").

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The agreement was later assigned to the Claimant on 26/01/2016

4) Despite repeated requests for payment in the sum of £419.31 remains due and outstanding.

And the Claimant claims

a) The said sum of £419.31

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.092 but limited to one year being £32.07

c) Costs

 

 

What is the value of the claim?

£451.38

court fee £35

Legal costs £50

Total £536.38

 

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.

Assigned as per particulars

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Nope

 

Did you receive a Default Notice from the original creditor?

Nope - appeared on my credit file in the name of Lowells this year (Not as proposed in the particulars)

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Nope

 

Why did you cease payments?

Dont know - fell off my radar if this is actually my debt.

 

What was the date of your last payment?

No idea but less than 6 yrs

 

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 managementicon plan?

No

[Andyorch]

Hi All,

 

2 weeks have passed and I have no response to my CPR or CCA request.

 

Do I just leave this and wait or should I inform the court?

 

Start to prepare your defence which is due tomorrow.

 

Regards

 

Andy

[limelight]

Ok cheers, so I assume I go along the lines of no cca or response to my request for documents so unable to provide a full defence??

[Andyorch]

Plenty of tried and tested here in the following forum...try to find one with the same claimant and debt type.

 

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

 

Post your draft here for checking before submitting.

 

Andy

[limelight]

Thanks Andy. Will Do.

[Andyorch]

[limelight]

First draft below (Planning to submit online tonight)

 

Quick question: Should I finish off by asking for a stay or for the claim to be struck out?

 

Particulars of Claim

 

1) The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference xxx xxx xxx xxx ("The Agreement").

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The agreement was later assigned to the Claimant on 26/01/2016

4) Despite repeated requests for payment in the sum of £419.31 remains due and outstanding.

 

 

And the Claimant claims

a) The said sum of £419.31

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.092 but limited to one year being £32.07

c) Costs

 

 

 

Defence

 

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

 

2. The claim is denied with regards to an amount due under an agreement. The Claimant has failed to disclose any agreement or statements on which its claim relies upon.

 

3. Paragraph 2 of the claim is denied as I am unaware of any default notice being served.

 

4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in January 2016.

 

5. The defendant submitted a request for documents pursuant to CPR 31.14. on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply.

 

6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 23rd January 2017. The claimant acknowledged receipt of the request but 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; and

(b) show how the Defendant has reached the amount claimed for; and

© 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, 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 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.

[Andyorch]

Fine...apart from your point 1 Limelight...that is not a valid reason nor is it the way I originally drafted this defence...just because a Claimant has not complied with your requests is not a valid reason to deny their pleading.

 

1) The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference xxx xxx xxx xxx ("The Agreement").

 

You make your defence under oath...just because they have not complied ...does not negate the fact that you did or may have entered into said agreement ?

[limelight]

Aha

 

Do you mean point 2?

[Andyorch]

Aha

 

Do you mean point 2?

 

Yes....perhaps something more along the lines of....

 

Paragraph 1 is accepted in as much as I have in the past had financial dealings with XXXXXX. 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.