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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Lowell goaty22

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  • Lowell goaty22

    Hi all,

    I received a court claim from LOWELL through COUNTY COURT BUSINESS CENTRE

    Issue date: 02 March 2017
    Amount: 500
    Claimant: LOWELL PORTOFOLIO
    Solicitor: LOWELL SOLICITORS
    Original creditor: Vanquis

    This account has been defaulted June 2011 and i cleared half the amount with another credit agency (original amount was for one thousands pounds).

    Last payment to the other credit agency was in 2012.

    LOWELL claiming that they have bought this from the other credit agency in 2013.

    What are the options open for me here as i did not acknowledge or admitted anything yet and it look like i am running out of time!

    Your quick replies will be appreciated.
    Tags: None

  • #2
    Re: Lowell goaty22

    Hi Goaty22 & welcome to LB.

    First thing to do is acknowledge the claim with the court asap.
    If you don't do so within 19 days of the claim issue date you risk a default judgement.
    Then send a CCA request (CCA s78 is the applicable one) +£1 fee to Lowell Portfolio.
    & a CPR 31.14 request to Lowell Solicitors.
    See the green boxes at the top of this thread - full instructions & template letters there.

    It is also a good idea to SAR the original creditor (Vanquis) asap for all the data they hold.
    Link to SAR - http://www.legalbeagles.info/forums/...ur-information

    It would also be an idea to post up a copy of the Particulars of Claim (or type verbatim), removing personal data. (Without permanently defacing the claim form).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Lowell goaty22

      CCA Request || CPR 31.14 Request

      Comment


      • #4
        Re: Lowell goaty22

        Thanks Charitynjw and mike770,

        Please see below for the particulars of the claim:

        1. The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference numberxxxxxxxx (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 xx/xx/20xx and notice given to the defendant.
        4. Despite repeated requests for payment, the sum of xxxx remain due and outstanding.
        And the claimant claims
        a) The said sum of xxxx
        b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assigment to the rate of issue, accruing at a daily rate of 0.xxx, but limited to one year, being£xx.
        c) costs

        I will keep you updated.

        Comment


        • #5
          Re: Lowell goaty22

          Documents to request via CPR31.14

          Consumer Credit Act (CCA) regulated agreement
          CCA Default Notice
          *Notice of Assignment
          *Deed of Assignment

          *I'm guessing that the debt was assigned by Vanquis directly to Lowell Portfolio.
          If not, then ask for all intermediate Notices & Deeds.

          Your defence will be due latest 4pm 4th April, provided that Lowells fail to accept the 28 day extension offered via your (forum template) CPR request.
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Lowell goaty22

            The debt was not directly assigned to them. I only heard from them few weeks ago.

            Comment


            • #7
              Re: Lowell goaty22

              Originally posted by Goaty22 View Post
              The debt was not directly assigned to them. I only heard from them few weeks ago.
              So who (name) was/were the other assignee(s)?
              & when did you originally commence the agreement?
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Lowell goaty22

                It was Moorcroft and the agreement with the original creditor commence in December 2010. The last payment to Vanquis was in May 2011.

                Comment


                • #9
                  Re: Lowell goaty22

                  Ok

                  I've only had dealings with Moorcroft in their debt collection capacity as an agent of debt 'owner' (though I think they may be debt purchasers in their own right as well).
                  If the latter you should have received an assignment notification to that effect.
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Lowell goaty22

                    Is it normal for the MCOL website to be temperamental!!! Even though i am using the right user ID and password, it keep rejecting it.

                    Comment


                    • #11
                      Re: Lowell goaty22

                      Originally posted by Goaty22 View Post
                      Is it normal for the MCOL website to be temperamental!!! Even though i am using the right user ID and password, it keep rejecting it.
                      unfortunately yes ... it might be easier if you give them a ring tomorrow morning xx
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: Lowell goaty22

                        Will do. Thanks.

                        Comment


                        • #13
                          Re: Lowell goaty22

                          Hi all,

                          Quick update:

                          They said they will place the "account" on hold until they receive the requested agreement, statements and default of notice from Vanquis.

                          They said that they will will not send me the Deed of Assignment as it is a confidential agreement between their " client" and the original creditor (Vanquis).

                          I do not know what client they are talking about here as they also send me a Notice of assignment from Vanquis saying that the account is now owned by LOWELL and dated 2013. I can guarantee you that this letter is fake and the SAR request will unmasked them.

                          Even though they placed the account on hold i think i should still submit my defense within 28 days.

                          Thanks.

                          Comment


                          • #14
                            Re: Lowell goaty22

                            account is not on hold and lowells know it, the court process goes on lowells try that hoping to get a CCJ by default but you know better do you Not?

                            Comment


                            • #15
                              Re: Lowell goaty22

                              Thanks MIKE770.

                              That is what i though. I will give them until the end of the month before submitting my defense.

                              I do not mind paying this debt as i already clear half of it in the past once i am better financially but i will only return that money to either Vanquis if they are going to accept it or i will give it to a charity. I will make sure that LOWELL do not get a penny of that debt.

                              Comment

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