Lowell Claim form, old Vanquis debt

[Bobraf]

Name of the Claimant ? Lowell Portfolio I ltd

 

Date of issue – 05/12/2018

 

Date to acknowledge - 23/12/2018

 

date to submit defence - 07/01/2019

 

Particulars of Claim

 

What is the claim for –

 

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference *****

 

2) The Defendant failed to maintain the required payments and arrears began to accrue.

 

3 The agreement was later assigned to the claimant on ****/2017 and notice given to the Defendant.

 

4)Despite repeated requests for payment, the sum of £26** remains due and outstanding.

 

And the Claimant claims

a) The said sum of £26**

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 £0.50, but limited to one year, being £200

c) costs

 

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

 

What is the total value of the claim? £2900

 

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

 

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. assigned to lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? i didn't receive a notice of assignment but i may have received the odd letter

 

Did you receive a Default Notice from the original creditor? no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? I honestly can't remember, i had a lot going on at the time and i did think it was all paid up

 

What was the date of your last payment? 2015

 

Was there a dispute with the original creditor that remains unresolved? no, although i've no idea how the total is so high as its way above the original credit limit

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i'm not sure, but i did start a payment plan with them for a while in a bid to stop them defaulting me, I'd missed 5 or 6 payments then started paying again under this agreement for a good few months

 

Hiya,

I've received a claim form from Lowell for an old Vanquis debt.

I have beat Lowell in court once before for an old catalogue debt, but that was a while ago, and a bit different because I could prove from the information they sent me that I didn't owe the money anyway, and that was struck out.

 

I'm a bit nervous, and as this is for a lot more money than before, and its quite a while since I had to do this so was hoping I might be able to get a bit of help from here.

 

I've been online to try to acknowledge the claim, however mcol has my old address and I cant seem to be able to change it, has anyone any idea how?

 

Also, before i send, am i right that its a CPR31.14 to the solicitors and a CCA to Lowell?

 

Should i also send a SAR to Vanquis?

 

My credit limit was never anywhere near the amount they're claiming I'm sure, so I've no idea how the amount has got this high!

 

This is the form filled in that you request:

 

Any help would be massively appreciated!

Edited December 10, 2018 by dx100uk
format

[Bobraf]

I received the claim form to my current address, but on mcol it has my old address.

I can't find anywhere on it for me to change the address and I haven't been able to phone them today either as I couldn't get out at work and finished too late to call, but I should get chance tomorrow.

 

It seemed odd to me, I don't understand how they can be different.

Should I still acknowledge even though my address is wrong or should I wait until its been changed?

I will be posting the letters tomorrow.

 

In the particulars of claim there is no mention of the default notice at all.

Will this harm my defence that they aren't relying on it in court?

 

I've been reading lots of old vanquis threads and there seems to be quite a few recent ones...

Should i send a SAR to Vanquis?

 

I have no idea how they're total is so high when it is way above what I recall the credit limit to be.

I'm really quite nervous about this

[Bobraf]

Sorry Andy I'd only just seen this, yeah my current address is on the claim form N1, i'm having trouble getting it changed on mcol as well which is worrying me because i don't know if i should acknowledge the claim when the address is wrong but time is running out!

 

I've sent the forms to Lowell and their solicitors.

 

I've also received a letter from Vanquis saying that they've been in trouble with FCA about their ppi stuff, and are refunding me £60 interest that was charged on their ROP thing. It says that they will inform Lowell that it has to be taken off my balance as Lowell now own it. Does this make any difference to anything at all?

[Bobraf]

I sent CCA Request to Lowell, and cpr to the solicitor, was that right?

 

- - - Updated - - -

 

And I acknowledged service anyway, just can’t get through to the court, always number 42 in the queue and it cuts me off by the time I get to 20

[Bobraf]

Hiya,

Hope everyone’s had a good Christmas!

 

I need to submit my defence by tomorrow.. I’ve been working on it but was just waiting to see it if Lowell produces any documents, I’ve left it until the last minute thinking it may come late, but they haven’t!

So I’ve written a witness statement, am I ok to post it up here and would someone give it a quick check for me please before I submit it?

Thanks in advance!

[Bobraf]

oops i meant defence, i've been reading too many of these posts!

I've used a couple of defences from similar cases and put one together. I've read and reread it so many times I was sick of seeing it so have submitted it to make sure its in on time.

Thanks for your help again

[Bobraf]

Please come someone help me, I’m really panicked.

so I didn’t receive a thing through from Lowell or their solicitors or the court.

I’d read loads of threads on here where that had happened , so I assumed they were just taking their time moving it forward. It’s been a couple of months.

 

ive then received an email this morning from clearscore saying that a ccj is being added to my account.

somehow Lowell have sent me to court and obviously won, but I’ve received nothing at all.

I assume it’s the address thing.

Is there anything I can do?

 

I’ve just searched the site and found information about having the judgement being set aside.

I’m confused over the defence I need to send in with it,

is it the short defence that I submitted in response to the claim on MCOL,

or is it the long defence that I would take with me to court? 

 

I just phoned the court to find out what had happened,

Lowell changed my address back to my old address on the 27th December.

I then didn’t receive the directions questionnaire so obviously didn’t respond to it so a judgement was automatically made a couple of weeks ago.

 

please please, I could really use some guidance about how best to proceed

[Bobraf]

Should I phone or email?

[Bobraf]

Ok, thank you, I’ll phone them in the morning. 

If they agree to it can they backtrack though afterwards as I won’t gave it in writing?

[Bobraf]

I phoned their solicitors yesterday.

they did all they could to get me to arrange payments on this account.

They agreed they’d changed the address but wouldn’t have anymore to do with that.

Just kept pushing me to arrange payment.

 

In the end they said they dealt with things in a case by case basis, and that if I wanted to apply for a set aside and could afford to do so then I could try, but as far as they were concerned they got their judgement and it stands and I need to pay. 

 

I don’t believe for a second that it was a simple admin error, I think it was another way for them to sneak a judgement through.

Can they get away with this? It is so underhand. 

 

Anyway, Tuesday I will apply for set aside.

Will I be able to explain what they’ve done?

Will I be able to use it as part of my witness statement if I can get the set aside?

 

sorry for all the questions, I’m really a bit nervous with all of this, and more annoyed than I probably ought to be..

[Bobraf]

So would that be like the defence I submitted already, but elaborated on?

or more like the witness statement I would do if I got to court? If I did that I’d be worried that I’d give them all of my cards.

 

could I go for no knowledge of the debt? I sent my cca and cpr requests and I received nothing back at all from them, so they’ve sent me nothing at all proving I owe this debt, or what it is or anything..

[Bobraf]

So what kind of defence should I be looking at submitting? I’m confused now

[Bobraf]

I’ve spoken to the court and they just confirmed that Lowell had changed the address, and that they didn’t know any more than that. The person I spoke to last week was really helpful, and he was really confused as to the situation. This time, she wasn’t so helpful and just agreed it had been done but that I’d have to ask Lowell why..

 

im really stuck now though on the best way to proceed and what defence I can use to go alongside for set aside. Also, can I use the fact they’ve done this as my reason to set aside the judgement. I’ve read about loads of people getting it set aside when it’s gone to a different address, but I can’t find anything close to my situation.

 

also, there must be somewhere I can complain to that they’ve done this. I know they’ll claim an admin error, but I can’t see how, under the circumstances they could ever actually get away with it! It was clear when I spoke to them that it’s not too unusual and they were counting on me either not knowing about being able to apply to have it set aside, or not being able to afford it

[Bobraf]

Thank you, that’s really helpful, I will look at sorting this today.

 

can I request that they refund the set aside fee? It seems unfair that they can do this and then I have to pay to get it stopped.

[Bobraf]

Can anyone help me please?

I didn’t apply for the set aside as some urgent bills came in that I wasn’t expecting so couldn’t pay the fee then, am I still ok to apply for this to be set aside? 

 

I’m still confused over what I need to put in the application as well, the defence that I need.

I understand the basics of it, but not sure how to lay it all out and how to word it if that makes sense?

[Bobraf]

Thank you.

Can I lay it out just like that?

Do I need to add much more bulk to it?

 

also, I’ve just been told I’m too late to apply for a set aside, it’s been about 6 weeks since I found out about it all, is that too long?

 

sorry for all the questions, I’m so stressed about this, and I’m also pretty clueless, but I do appreciate your help

[Bobraf]

Sorry, I know this is from ages ago, I've only just seen this. 

 

It didn't.

I had a lot of other stuff going on at the time, and was then advised by my union to go for a DRO.

I decided it was a good idea, went through all of the preliminary stuff, had it all agreed in principle, but then couldn't get an appointment with the main DRO man, apparently they only had the one, who could process it.

He'd looked and agreed, but it never got as far as him.

 

I also phoned CAB but they said they could offer no appointments for it at that time as they were so busy.

In the meantime I was advised to start paying the CCJ before they tried to get bailiffs involved, so I did.

 

And now I'm paying them a nominal monthly fee for probably the rest of eternity.

I'm really annoyed with myself, but if I was to take it back to court now and lose, then that's another 18 months of having the CCJ on my credit file.

 

And now I'm paying it, I'm pretty sure I cant anyway? 

[Bobraf]

Oh, I thought if I managed to get it set aside, and then i lost, I thought the date would then be from the date of the new case if that makes sense?