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Thread: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

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    DeeS77's Avatar

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    Default Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Received a claim? Yes
    Issue Date: 21-9-2017
    Amount approx: 3000
    Claimant: Lowell Portfolio
    Solicitor: Lowell Solicitors Limited
    Original Credit: Vanquis

    Particulars of Claim:


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Hi, I hope you can help, I just want to make sure I'm doing the right thing?

    I only received this letter yesterday, although it was dated 2 weeks ago, assuming a postal issue.

    Last night I went online and acknowledged the claim, now I just go ahead and send the CCA request to claimant and then CPR 31.14 to the solicitor? I'm assuming it's best to send these recorded delivery.

    Also, I'm not sure if that this statute barred or not as Noddle only seems to go back to 2015 for me and this is far older than that, although unsure how I can check the date.

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    jaguarsuk's Avatar

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Quote Originally Posted by DeeS77 View Post
    Received a claim? Yes
    Issue Date: 21-9-2017
    Amount approx: 3000
    Claimant: Lowell Portfolio
    Solicitor: Lowell Solicitors Limited
    Original Credit: Vanquis

    Particulars of Claim:


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Hi, I hope you can help, I just want to make sure I'm doing the right thing?

    I only received this letter yesterday, although it was dated 2 weeks ago, assuming a postal issue.

    Last night I went online and acknowledged the claim, now I just go ahead and send the CCA request to claimant and then CPR 31.14 to the solicitor? I'm assuming it's best to send these recorded delivery.

    Also, I'm not sure if that this statute barred or not as Noddle only seems to go back to 2015 for me and this is far older than that, although unsure how I can check the date.
    Hi and Welcome

    Follow this guide to work your way through with the process to form your defence, send off the CCA request and crack on with a CPR 31.14 request to the solicitors asking for the original Agreement and the Notice/Deed of Assignment. You don't have to send them recorded and a proof of posting receipt will be enough.

    Something else you can do is a Subject Access to information request to the original creditor under the Data Protection Act 1998 and you can ask for everything they hold on you including letters, statements and notices. They have 40 days to comply, so it's unlikely you'll get it back before the deadline to send in your defence. However, it may turn up something useful for the next phase of proceedings. This will likely establish the last payment date and when it was defaulted to allow you to see if it could be stat barred.

    All you do is write them a letter and send a cheque/postal order with “DPA 1998 Stat Fee Payment ONLY” written somewhere on it. If you can do it today that's probably best and here is a guide which includes a template letter.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Thank you so much, I've sent off my letters

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Thanks for all your help so far.

    So my final date for them to come back to me with proof etc is tomorrow I think (24th) and as of yet, I've heard nothing from them, although they did cash my £1 cheque a few days ago.

    I need to log my defence by tomorrow, I think I should be logging the below with them on Moneyclaim.

    QUESTIONS:
    1) I think this MIGHT be statute barred? TotallyMoney.com says that this account went into default on 4/10/2011, but the letter from Lowell Solicitors was dated a week or so before that, does this matter? I didn't physically get the letter however til the 6th, afterwards and I acknowledged the claim the same day,


    2) I think the below response is correct, could someone please advise on the bits highlighted in steps 12/13/14 what I should change and if I should mention step 14 at all?



    1. I received the claim D7HK81AK from the Northampton County Court on 6th October 2017.

    2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3.This claim is for/ appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

    4.It is denied] that the Defendant has entered into an agreement/agreement with Vanquis for provision of credit.

    5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

    7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

    8.The Claimants statement of case states that the account was assigned from Vanquis to Lowell on 30/06/2015. The Defendant does not recall receiving notice of this assignment.

    9.It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    10.On the 06/10/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    11.Lowell Solicitors Limited has not sent any of these documents to me.

    12.On the 06/10/17 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

    15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    16.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    17.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    18.It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth
    The Defendant believes that the facts stated in this Defence are true.
    Signed ________________________________
    Dated ________________________________
    Encls.
    Last edited by DeeS77; 23rd October 2017 at 21:02:PM.

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    jaguarsuk's Avatar

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    All looks good for me, but @Diana M or @Amethyst could you cast an eye?
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Morning.

    Regarding being Statute Barred - if your default was 4/10/2011 and the claim issue date is 21/9/2017 then they do seem to have just got in before it went statute barred ( the issue date is action ) However your last payment would have been what, two/three months prior to default - so there could be an argument there so I would include the SB paragraph as a back up as it's an extra thing for them to evidence against. As you found out the dates yourself from checking your credit file then I wouldn't mention date of default or anything and leave that to the claimant to figure out.

    For the Consumer Credit Act parts you want to use s.78 - as that is for running credit ( ie credit cards) - s.77 is for fixed sum loans.

    Para 14 - if you used the standard CPR letter that included the paragraph about extension of time but had no other conversation on extension with the claimant, and they didn't mention it in their reply then change the end to ''failed to respond'' then end ( remove the last sentence bit in brackets ) - so........... allowed under CPR 15.5), but they have failed to respond.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Thank you so much everyone for clearing up my questions - I'll be logging my defence later today.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Good stuff, keep coming back to update us and we’ll all continue to help where we can.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Okay, so I got home and no response still from them so I've just submitted my defense online.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    So now I've received a letter from the courts stating that they've received my defense.

    Also had a letter at weekend from Lowell stating that they need more time to find the documentation. They listed out a very feeble list of debits made without dates etc, not even half what I asked for, along with a photocopy of letter of transfer of debt.

    What are my next steps if they state they either can't find all that documentation or I don't hear again, how long do I wait?

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Does anyone know if there is a way to have this somehow struck out now or will the case just remain open if they continue to not provide what I need?

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Hi sorry to ask again, but does anyone know what the next steps are if they're unable to produce the documentation?

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    ignore lowells their problem follow any further court instructions, if as you say you submitted defence and court acknowledge it then lowells have to respond by certain date or the case gets stayed and they would need to pay to unstay it

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Thank you, how do you when it gets marked at stayed? Ideally I want to get it off my credit report together, is there a way to do that?

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    no as long as a default took place & a true record then it stays for 6 years England/Wales or 5 years Scotland

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Thank you for your advice Mike

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Funnily enough I've just got home to a letter from Lowell with a copy of the directions Questionnaire that they have completed noting that they want to take this to mediation. It says that I'll receive a copy for myself to complete direct from the court soon. What do I do?

    They still haven't provided anything other than a list of charges to a catalog and a copy of the letter of transfer to them. The charges list was just minimum detail like "Jumper £25 - 10/04/2014", typed out on the letter.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    when mediation contact then if nothing received by you state documents requested not received, they will then state not suitable for mediation and pass case back to court, and your DQ have you received??

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Sorry, what's a DQ?

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Directions Questionaire ( same as what you received from Lowell )

    You should receive one from the court soon to complete and return - when you do, you send a copy to Lowell as well

    The charges list was just minimum detail like "Jumper £25 - 10/04/2014", typed out on the letter.
    lol, not sure that will cut the mustard,
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Aha, I should've figured that one out myself.

    I've not yet received my copy to fill in but when I do, shall I mark it as No, I don't want to go to remediation and write on it about not yet having received the correct documentation as requested?

    Then I'll send a copy back to the Court and a copy to Lowells solicitor (Lowells themselves too?)

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    UPDATE:

    So I sent off my informaton and said no to remediation as they haven't provided the documentation that I asked for. Yesterday I received the below letter from the courts, which is confusing me:

    "Notice of Transfer of Proceedings

    The claim has been transferred to the below County Court Hreaing Centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claimto track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. "

    Then it states details of the court address etc.

    This sounds terrifying! Why is this now going to court if Lowells haven't been able to provide any of the information I requested?

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    At the moment they are hedging their bets- it is possible they will still get the documents or they might try to bully you into a settlemet.


    Did you ever send the SAR as advised
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    Yes I sent everything that I was advised to.

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    Default Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

    I don't understand how the courts can have received my copies of letters and information provided and still decided to progress this through the courts? It doesn't make sense surely.

    I also can't even get to this court, nor can I take any time out of work for it.

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