Lowell solicitors have applied for a ccj, please help!

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

All I have had from them is bad photocopies of the alleged Notice of Assignment and a couple of other letters they claim that they have sent out in the past. They don't appear to be copies of any original letters, just something quickly thrown together. No I have had no professional advising of that. Maybes I should rein in my optimism a tad.

Thanks

Micky

[Diana M]

Re: Lowell solicitors have applied for a ccj, please help!

All I have had from them is bad photocopies of the alleged Notice of Assignment and a couple of other letters they claim that they have sent out in the past. They don't appear to be copies of any original letters, just something quickly thrown together. No I have had no professional advising of that. Maybes I should rein in my optimism a tad.

There's nothing wrong with being optimistic. It's good to have a positive attitude. But you also need to be realistic. You've convinced yourself that Lowells is incompetent so there's a danger your optimism could turn into complacency.

You seem to be surprised that they're continuing with the claim when they haven't disclosed sufficient paperwork (yet). When you hear from your local county court you'll be advised that both parties have to file a Witness Statement typically 14 days before the hearing. At that stage Lowells may disclose more documents. They may not.

Have you sent a Subject Access Request to Vanquis to see the full history of the debt and what information they have stored in their data files?

I don't know what level of access Lowells will have to Vanquis' information, but they have told you that they have requested a copy of your credit agreement from Vanquis so you need to know what Vanquis have got on record in case Lowells can get hold of it. Always keep one step ahead of the Claimant so you can anticipate what may happen. That way they'll be no surprises to deal with.

When (what year) did you open this Vanquis credit card account and how did you open it (online etc)?


Di

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening Di,

I opened the Vanquis account in 2012 and it was opened online as far as I can recall, memory is a little hazy tho. In terms of what I think about Lowells, I am just guaging my opinion from what I have read on other threads and what people have said about them. I do understand they're professionals at what they do and possibly follow the same plan a lot of the time. I have also read in other threads exactly what you have said, that they could quite possibly show their hand nearer the time. I am quite open minded about what I think of Lowell, maybes I have come across a bit brash in my thoughts in previous posts.

No i have not sent off a SAR request, I have seen it mentioned before and read up on what it means. It is something which I don't think has been advised before. I thought the CCA request and other requests of information to Lowells would have been enough. After reading your last post it is something that I will now get sorted as a matter of urgency as it has got me thinking.

Thanks

Micky

[Diana M]

Re: Lowell solicitors have applied for a ccj, please help!

In terms of what I think about Lowells, I am just guaging my opinion from what I have read on other threads and what people have said about them. I do understand they're professionals at what they do and possibly follow the same plan a lot of the time. I have also read in other threads exactly what you have said, that they could quite possibly show their hand nearer the time. I am quite open minded about what I think of Lowell, maybes I have come across a bit brash in my thoughts in previous posts.

You haven't been brash at all. I was just trying to help you to keep your feet on the ground

Reading other threads is a good way to get a feel for how legal proceedings work so it demystifies the process to a certain extent.

But no two claims are alike.

Your account was opened online in 2012. This means some of what you may have read about debts where the account was opened (in a variety of ways) before April 2007 may not be relevant to your situation.

My firm always advises a Defendant to send a SAR to the original creditor the minute they receive a claim. It could contain a mine of information which may help your case.

Di

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

I must admit this is all new to me so I thought looking at similar threads was a good way to understand what might and might not happen. I understand Vanquis have 40 days to respond to the SAR and they don't always respond with what you have asked for. This is one thing which I wish I did do differently and fired off the SAR immediately. Better late than never though I suppose.

Micky

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

If they fail to respond go straight to the ICO and report them

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Thanks MIKE770 I will do exactly that. I have read in other places that Vanquis can try to play funny buggers sometimes.

Micky

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

keep us updated

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening everyone,

Just a quick update as to what has been happening, I have received a Notice of Transfer of Proceedings thru the post today. So it's back to the waiting game and we shall see what happens with the case management directions.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening all,

Quick question if I may, I received a Notice of Transfer of Proceedings thru the post on the 9th of Feb, how long before you'd usually hear from your County Court? As of yet since the 9th I haven't heard a peep. Just not sure about the timescales in question.

Thanks
Micky

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

as and when they are ready to go to the next stage varies on work load.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening all, just a quick question if I may? I received a Notice of Transfer of Proceedings from Durham County Court approximately 5 weeks ago, since then I have heard nothing from nobody, is this normal? Do I just sit and bide my time and see what crops up?

Many thanks

Micky

[Diana M]

Re: Lowell solicitors have applied for a ccj, please help!

I received a Notice of Transfer of Proceedings from Durham County Court approximately 5 weeks ago, since then I have heard nothing from nobody, is this normal?

Yes

Do I just sit and bide my time and see what crops up?

Yes

Or you could call the court to ask for a status update in case the Notice of Allocation/Hearing has been sent to you and got lost in the post.

Di

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Ok thanks for clearing that up Di. I think I will make a quick call to the court just in case anything has went walkies in the post.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Afternoon everyone, I should have been a little bit more patient. Anyway I have received more correspondence from Durham County Court today, this letter is headed, "General Form of Judgement or Order". The letter goes on to say the following;

IT IS ORDERED THAT
1. The Claimant shall by 26th March 2017 file in Court and send to the Defendant a copy of the original agreement, a copy of the default notice, a copy of the deed of assignment and notice to the Defendant.

2. In default, the claim shall be struck out.

Dated 16 February 2017

Assuming Lowell can't provide all of that, this is obviously rather good news, right? Also the fact that Lowell haven't exactly been forthcoming so far with anything worthwhile then there's a good chance that they might still not be able to provide what is asked of them? Or could they just be playing their silly games still and using as much time as possible and provide the lot?

Thanks
Micky