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*** DISCONTINUED *** Court Claim - Lowell / Vanquis - 18-8-2017

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  • *** DISCONTINUED *** Court Claim - Lowell / Vanquis - 18-8-2017

    Received a claim? Yes
    Issue Date: 18-8-2017
    Amount approx: 3426.10
    Claimant: Lowell
    Solicitor: Lowell Solicitors Limited
    Original Credit: Vanquis

    Particulars of Claim:


    Stat Barred? Yes

    Have sent: Acknowledged the Claim

    Other Info:
    My husband encouraged me to open this credit card and assured me he would settle the account. He did not. In 2009 I called Vanquis to explain what had happened and requested help by freezing the account and allowing me to set up a payment plan as I would be leaving the country and would not be able to correspond further with them as the country I was going to would leave me with very limited online access and no reliable postal address (Iran)
    Vanquis refused saying that until the account went into default they could do nothing. My son agreed to open any post and make payments on my behalf in lieu of money he owed me. My son made a couple of payments but then stopped.
    When I returned to the UK in 2013 I was extremely poorly (mental health) and was unable to work or take control of my own affairs I relied heavily upon family. I had no home and was housed by my local authority. I was in no fit state to open post let alone deal with contents of any letters. I have worked very hard to get well and have managed to secure a small 20hr per week job so that Im not benefit dependant but I have only been in work for 2 months and cannot pay this debt.
    Any advise would be greatly appreciated The stress of this is once again making me ill I don't want to loose my job because I get poorly again.
    Thanks for reading
    Tags: None

  • #2
    Re: Court Claim - Lowell / Vanquis - 18-8-2017

    First Steps |CCA Request Letter || CPR 31.14 Request Letter

    Comment


    • #3
      Re: Court Claim - Lowell / Vanquis - 18-8-2017

      By the sounds of your circumstances, you are struggling to cope with this problem; which is entirely understandable.
      Did you read the guide that Mike posted above?
      From what you've told us in your post, if your son made payments to the account before 2013, then it is highly likely the account is time barred under The Limitation Act 1980 which prevents enforcement after 6 yrs of non contact. Are you 100% certain of your dates? If so, it is a relatively easy job to defend, but I am concerned that your mental state may make this very difficult for you.
      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

      I am proud to have co-founded LegalBeagles in 2007

      Comment


      • #4
        Re: Court Claim - Lowell / Vanquis - 18-8-2017

        Thank you so much fir your reply. I have been struggling with problems at work to which are taking a toll. I did read tge guid you mentioned and followed the advice. I have now received a Notice if propsed allocation to the small claims court from th court.
        I havent received the requested documents from lowell so not sure what to do now. I have until 30th of this month to respond to notice. Please any imput ?

        Comment


        • #5
          Re: Court Claim - Lowell / Vanquis - 18-8-2017

          Thanks Mike

          Comment


          • #6
            Re: Court Claim - Lowell / Vanquis - 18-8-2017

            I've now received a court date 18th Dec via the fast track system I gave no idea what to do please advise what actually happens at court I've never been to court before.

            Comment


            • #7
              Re: Court Claim - Lowell / Vanquis - 18-8-2017

              Fast track or small claims track? It does make a huge difference

              It is hard to say what to do as there is no mention of a defence or anything else
              [MENTION=87380]Diana M[/MENTION] can you help

              Comment


              • #8
                Re: Court Claim - Lowell / Vanquis - 18-8-2017

                Hello
                It's small claims track.
                The last payment made on the account was 04/06/2012
                Last edited by Hamdam; 4th December 2017, 19:43:PM. Reason: More info

                Comment


                • #9
                  Re: Court Claim - Lowell / Vanquis - 18-8-2017

                  I have to submit any witness statements to the court I have no idea what to say to the court.

                  Comment


                  • #10
                    Re: Court Claim - Lowell / Vanquis - 18-8-2017

                    You use your WS to expand on your defence. It's difficult to say more as there are very little details on the thread regarding what you have sent or the contents of your defence

                    Comment


                    • #11
                      Re: Court Claim - Lowell / Vanquis - 18-8-2017

                      Below is my original post there is more detail there


                      http://legalbeagles.info/forums/show...quis-18-8-2017

                      I haven't received a copy of the default notice mentioned by Lowell in their court application. Not sure if this makes a difference.

                      I have to submit a witness statement by the 14th Dec and from what tge court doc says the judge will then set a hearing date if only this coukd be delayed for 6 months as I think the claim would be statute barred as it would be over 6 yrs since last payment on the account made on my account by my son in my absence.

                      Comment


                      • #12
                        Re: Court Claim - Lowell / Vanquis - 18-8-2017

                        Originally posted by Hamdam View Post
                        I have to submit a witness statement by the 14th Dec and from what tge court doc says the judge will then set a hearing date if only this coukd be delayed for 6 months as I think the claim would be statute barred as it would be over 6 yrs since last payment on the account made on my account by my son in my absence.
                        Sadly not (unless I’ve misunderstood the legal timetable) because the Statute Barred clock stops ticking once a Claim has been issued.

                        When was the last payment made and what is the Claim Issue Date?

                        You may have other legal arguments though.

                        What did you plead in your Defence?

                        Di

                        Comment


                        • #13
                          Re: Court Claim - Lowell / Vanquis - 18-8-2017

                          Originally posted by Hamdam View Post
                          The last payment made on the account was 04/06/2012
                          If the last payment was made in June 2012 and the claim was issued in August 2017 then the debt will not be Statute Barred (unless you live in Scotland?).

                          You say you need to file a Witness Statement by 14th December and after that the court will set the hearing date. However in post # 6 you say that there's a court date on 18th December.

                          If there is a Hearing on 18th December then normally the WS must be filed 14 days before (i.e. 4th December).

                          Have a look at that letter (Notice of Allocation/Hearing?) to see exactly what it says so you don't miss an important deadline.

                          Originally posted by Hamdam View Post
                          I have to submit a witness statement by the 14th Dec and from what tge court doc says the judge will then set a hearing date
                          Originally posted by Hamdam View Post
                          I've now received a court date 18th Dec via the fast track system I gave no idea what to do please advise what actually happens at court I've never been to court before.
                          Have you received a copy of your credit agreement in response to your s 78 CCA Request?

                          Di

                          Comment


                          • #14
                            Re: Court Claim - Lowell / Vanquis - 18-8-2017

                            Hi I've checked the court letter it says
                            Notice of allocation to the small claims track (hearing)

                            I don't know where I got the 18th of Dec from as the notice actually says to provide by 4:00 on the 14th Dec :witness statements.
                            It goesbon to say that then a hearing date and venue and allocated time will be set

                            Hope that makes sense

                            - - - Updated - - -

                            They have send a copy of the agreement and a 'digital signature application ' copy

                            Comment


                            • #15
                              Re: Court Claim - Lowell / Vanquis - 18-8-2017

                              I submitted my witness statement to the court 2 days ago by hand.
                              Today I received a notice of discontinuance submitted to the court by llowells ...I hope that means this is over ?

                              Comment

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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


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