Lowell CCJ

[Diana M]

Re: Lowell CCJ

Hi Diane M. Thank you for your advice. What is the relevance of having a pre-2007 card? I don't understand this.

The easiest way to explain this is In April 2007 section 127 (3-5) CCA was repealed so that DJ's can now use 'discretion' when making some legal decisions whereas before that date the 'decision' (not to enforce a debt in certain circumstances) was mandatory.

No need to be concerned, it's just something that's asked so that any advice given takes on board the legal tools available to you when defending a claim.

Di

[elle7]

Re: Lowell CCJ

So by my calculations, if the acknowledge either the letter sent by normal service, it should arrive, either tomorrow or Monday. That gives them 10 days to respond by 14th Oct ( If that is my last day of defence) or it will arrive on Tuesday, as I am going to post the letters again on Monday by Special delivery, they will then have 9 days to respond.

Can anyone advise on what I do next please? I'm not sure when I put in my defence and what I even use as a defence? I was trying not to stress out about this, but now I feel like I am out of my depth and I will be forced to make a payment of £3700 in one go.

Is this process just a long drawn out way of not paying the full sum immediately, or by defending my claim, do I actually stand a chance of being able to offer lower payments or any other options? Because I get the impression from other people on this board, that not many people win with Lowell.

Thanks,

[elle7]

Re: Lowell CCJ

What is the time frame after sending off your defence for them to reply? Is it the court that makes the decision about the defence? Or is is Lowell who decide? Thanks

I have just seen on another post, that you have to pay a fee of £255. I was unaware of this. Can someone please explain when this needs to be paid and what it is for?

Thank you.

[MIKE770]

Re: Lowell CCJ

£255 is a fee for set aside say by you, concentrate on they have 28 days to respond or the case gets stayed, they would have to apply to the court and pay a fee to open case again! ,,,try not to get confused and follow court instruction not if anything Lowells may say,

[elle7]

Re: Lowell CCJ

Ok, thank you [MENTION=3599]MIKE770[/MENTION] When does the 28 days for them to respond kick in? I take it that, I still file my defence to the court in the meantime, if my last date is before the end of their 28 days?

[nemesis45]

Re: Lowell CCJ

Ok, thank you @MIKE770 When does the 28 days for them to respond kick in? I take it that, I still file my defence to the court in the meantime, if my last date is before the end of their 28 days?

From the date the defence is received the court system allow an extra 5 days for delivery.

nem

[elle7]

Re: Lowell CCJ

From the date the defence is received the court system allow an extra 5 days for delivery.

nem

Thank you [MENTION=55034]nemesis45[/MENTION] . i'I'm starting to think about filing my defence, However, if Lowell don't send me the CCA/CPR within that timescale, how does that affect my defence? Am I still able to put in a defence without that information. I assume these questions are asked many times, so I do apologise. I'm just trying to get my head around it all and make sure I understand the process. Which tbh, I don't really.

[nemesis45]

Re: Lowell CCJ

Thank you @nemesis45 . i'I'm starting to think about filing my defence, However, if Lowell don't send me the CCA/CPR within that timescale, how does that affect my defence? Am I still able to put in a defence without that information. I assume these questions are asked many times, so I do apologise. I'm just trying to get my head around it all and make sure I understand the process. Which tbh, I don't really.

Hello elle,


Never be afraid to ask questions here!!



The non compliance with the CCA request forms a major part of your defence, the alleged debt is rendered unenforceable until the agreement or a compliant reconstituted one is produced.

Have a look at the defence templates in the green box at the top of the page they are there for you to get an idea of content and format and for you to edit to suit your case.

When you are ready make a draft and post here then we can go through it with you.

If you wish tag [MENTION=55034]nemesis45[/MENTION] and I'll pick up the thread.

nem

[elle7]

Re: Lowell CCJ

Hi,

I have just had a thought about my Vanquis account. I cannot be 100% sure, but I do think that I possibly had PPI on the card, as I remember when I ran into financial difficulty due to my work contract ending, I tried to speak to them about having my payment covered due to being out of work. This request was refused by Vanquis.

Now if I go direct to Vanquis in regards to this, will I prejudice myself against defending the claim? Should I leave asking any questions or requesting a ppi refund until I have an final outcome to this court claim?

Thanks,

[nemesis45]

Re: Lowell CCJ

Hi,

I have just had a thought about my Vanquis account. I cannot be 100% sure, but I do think that I possibly had PPI on the card, as I remember when I ran into financial difficulty due to my work contract ending, I tried to speak to them about having my payment covered due to being out of work. This request was refused by Vanquis.

Now if I go direct to Vanquis in regards to this, will I prejudice myself against defending the claim? Should I leave asking any questions or requesting a ppi refund until I have an final outcome to this court claim?

Thanks,

Hello Elle,

Vanquis had a scheme ROP or something similar I've seen a few cases where claims against the scheme were no acceptable.

Personally I would leave any reclaim until later.

nem

[elle7]

Re: Lowell CCJ

Hi, @nemesis45 is a copy of my defence. I'd be grateful if someone could look at it and tell me if it is correct. Again, I apologise if it seems obvious to you.

Also, when is the best time to file this, as I still haven;t heard from Lowell, do I have to hang on until the last minute since I am relying upon the requested paperwork from them?

Also, on a side note. I was looking back through my statements and whilst my date of default says 30.12.2011 I was actually still making payments to Vanquis through faster banking until 2013. Now, I'm curious as to why this hasn't been noted and if it affects my claim in anyway. As to be the proper paperwork hasn't been filed and/or my account was never updated?


1: I received the claim XXXXXXXX from the The County court business Centre County Court on 21^st September (That’s the date I received, but date on the claim for is the 16^th. Which is correct?)

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

3: This claim appears to be for a Credit Card Account (do I write vanquish) agreement regulated under the Consumer Credit Act 1974.

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

[5. The particulars of claim fail to state when the agreement was entered into.] There is no date for this, so do I leave this sentence as it is?

6. The Claimants statement of case states that the account was assigned from Vanqis to lowell on 04/08/2013. The Defendant does not recall receiving notice of this assignment.

7. 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.

8: On the 29/092016 I sent a request for inspection of documents mentioned in the claimants 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] .

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

10. On the 29/09/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] I’m not sure which on? of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

12: 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), however they have failed to do so.

13. 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.

14. 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.

15. 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.

16. 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 .................................................. ....

[MIKE770]

Re: Lowell CCJ

CCA1974 i section 78 not 77

[nemesis45]

Re: Lowell CCJ

HI,
Para 1. On date I received CC Claim n===No................................: Issued via NCCBC on date.........................:

Para 4. yes state Vanquis.

5. Yes leave in.

Reading back I can't see anything else you have told us that can be used in defence.

OK. No Bold characters all plain type.

nem

10.is ok as is.

[elle7]

Re: Lowell CCJ

Thanks [MENTION=3394]Mike[/MENTION]777 and @nemesis45 I appreciate this might be an open ended question but is there anything else I can add/what other things do people usually add to help the defence, That i may have possibly not thought to include in this thread.

[elle7]

Re: Lowell CCJ

I recieved a letter from Lowell's solicitors last night, saying that they received my request and have written to the client to get the paperwork. Is this usual at the stage of the claim and how does it impact my defence? Do they regularly send these letters but still produce nothing? tia