Lowell/Overdales Claimform for Old Vanquis Credit Card

[Ftgab19]

Hi everyone

 

I’ve received a N1 Northampton claim form from Lowell Portfolio I Ltd for an old Vanquis credit card. I’ve acknowledged the claim and I’m typing up the request forms I need to send which I’ll put in tomorrow’s post. 
 

Any help with this would be much appreciated I’ll upload a dedicated copy of the form to this post. 

 

Thanks 

Andrew
 

 

Which Court have you received the claim from ? Name County Court Northampton N1

 

 

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. 07 APRIL 2022

 

Particulars of Claim

 

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. 
 

The claim is for the sum of £355.70

due by the Defendant under an agreement

regulated by the Consumer Credit Act 1974

for a Vanquis account with an account reference of 

 

The Defendant failed to maintain contractual

payments required by the agreement and a

Default Notice was served under s.87(1) of

the Consumer Credit Act 1974 which has not

been complied with.

 

The debt was legally assigned to the

claimant on 23-09-19, notice of

which has been given to the defendant.

The claim includes statutory interest under

S.69 of the County Courts Act 1984 at a rate

of 8% per annum from the date of assignment

to the date of issue of these proceedings in

the sum of £28.46

 

The Claimant claims the sum of £384.16

 

 

What is the total value of the claim? £484.16
 

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? No

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. Account assigned
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember 
 

Did you receive a Default Notice from the original creditor? Can’t remember 
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No
 

Why did you cease payments? Couldn’t afford it 
 

What was the date of your last payment? can’t remember 
 

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 called many times to get a reduced monthly payment 
 
 

 

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IBB.CO

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Image ED1-C1-B67-75-F5-4-A9-B-992-E-13-C7-C04-BC86-D hosted in ImgBB

 

[AndyOrch]

[Ftgab19]

Hi everyone 

 

I’ve still had no response to my letters so I was looking at what there claim is and think the following defense should work. Please let me know if I need to change anything. 
 

Thanks 

Andrew 

 

 

1.The claim is for the sum of £355.70

due by the Defendant under an agreement

regulated by the Consumer Credit Act 1974

for a Vanquis account with an account reference of 

 

2.The Defendant failed to maintain contractual

payments required by the agreement and a

Default Notice was served under s.87(1) of

the Consumer Credit Act 1974 which has not

been complied with.

 

3.The debt was legally assigned to the

claimant on 23-09-19, notice of

which has been given to the defendant.

 

4.The claim includes statutory interest under

S.69 of the County Courts Act 1984 at a rate

of 8% per annum from the date of assignment

to the date of issue of these proceedings in

the sum of £28.46

 

 

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.Paragraph 1 is denied. Whilst I have had dealings with Vanquis Card in the past I cannot recall the specifics of the alleged agreement.

 

3.Paragraph 2  is denied. I am not aware of service of a Default Notice by the original creditor the claimant refers to within its particulars of claim.

 

4. Paragraph 3 is denied. I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

5. It is denied that any amounts are due under any agreement.

 

6. On receipt of this claim I requested information pertaining to this claim from Overdales Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 28/04/2022. Further to the above I sent Lowell Portfolio I Ltd a section 78 request via 1st class with proof of postage on 28/04/2023. To date, neither Overdales Solicitors nor Lowell Portfolio I Ltd are yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreement until such time it can comply.

 

7.Therefore with the court’s permission the Claimant is put to strict proof to:-

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

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 crediticon Act 1974.6.

 

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.

[dx100uk]

Looks great.

 

Let @Andyorch check it.

 

dx

[AndyOrch]

I would remove point 5..you cant state that after saying in point 1 you are unsure or cant recal what the claim/agreement is.

 

Rest is fine.

 

Andy

[Ftgab19]

Hi everyone 

 

got a letter of the solicitors today saying looking to make a settlement. And sending me the supposed notice of assignment which I don’t remember getting. 
 

I’ll upload the letter here I guess I’m just waiting to hear from the court now. 
 

 

 

 

 

CPR reply to defencef.pdf

[dx100uk]

..

 

[dx100uk]

n180 next they have 28 days.

 

thats a std sort of begging letter they send on all claims if you go read a few lowell vanquis claimform threads.