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Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

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  • Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

    Dear LegalBeagles,

    I have a hearing date for 10th December in Bromley County Court Lowell v. myself.
    This is for a Vanquis credit card that I took out in 2008.
    The default amount was £3263 on the 03/10/2013. Since then the amount has changed and Lowell is asking for £4124 with court costs and all added charges.
    I kept up with payments for several years until I was in a situation where I could not make payments any more. I then signed up with a debt management company who handled repayment but still the payment amount was too high and I couldn’t keep them up. This is when I decided to try and find another way.
    After receiving letters form Lowell and Bryan Carter solicitors I followed all steps recommended on the LegalBeagles website.
    Lowell did not send me any paperwork (credit agreement, default notice) until two days before the original court date that was 27th July 2016. This hearing was adjourned and rescheduled for the 10th December.
    Amongst the paperwork that Lowell has sent me copies of there is a consumer credit agreement however it is not the same as what I received back in 2008.
    The document they included in their claim pack is 9 page long agreement that looks like is made up of two different documents.
    The original agreement I got sent by email in 2008 is a 2-page document. Further to this I received an email in 2010 informing me that they changed terms and conditions to the original credit agreement but I received no updated documents.
    They also claim unreasonable behaviour on my part stating that I did not try to contact them and find a solution for my outstanding debt before the date I received the court claim.
    On the contrary I tried to settle this debt through debt management first then by asking for copies of the credit agreement, default notice and notice of assignment. I can prove this as I sent all my letters recorded.
    Can anyone please advise me as to what is my position in this case?
    Do I attend the hearing on the 10th Dec or should I try and settle out of court?
    As Lowell left sending the documents to the absolute last minute I really thought that they did not have copies of all of the documents that I requested and now I don’t know what to do?!
    Any help or advice would be really appreciated!!
    Tags: None

  • #2
    Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

    Maybe [MENTION=55034]nemesis45[/MENTION] will take a look

    Comment


    • #3
      Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

      Good morning Atsybelle,
      Responding to your PM,

      Sorry your post has been missed, I'm going to read through it now.

      nem

      Comment


      • #4
        Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

        OK,

        Lowell: Has sent you some documents they claim is the Vanquis agreement, how were these documents described as a copy of the agreement or a reconstituted agreement?

        Can you post copies of what you have received please remove your name and address etc. first.

        This will help to judge if the agreement is compliant.

        Can you also post a copy of the N1 claim form or type in the particulars of the claim.

        When did your payments cease completely?

        nem

        Comment


        • #5
          Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

          Just to add to what Nemesis has said, once you have your defence arguments it would be a good idea to write and submit a witness statement before the court hearing - not sure whether the court have asked for one but it would be normal to submit one to court and the other side 14 days before the hearing.
          #staysafestayhome

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

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

            Thanks for your replys Nemesis, Amethyst and enaid.

            Tomorrow I will scan and attach copies of the documents you have asked to see.
            The agreement was described in the claimants witness statement as 'a true screenshot of the original agreement including electronic application form and full terms and conditions'.
            My payments cease completely in August 2013.
            Thanks for your help again and will post all paperwork tomorrow!halocat2

            Comment


            • #7
              Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

              Hello again,

              I have uploaded all documents to dropbox and here is the link where you can view them.
              https://www.dropbox.com/sh/a5b3rdmeo...NRZlGy9ga?dl=0

              Thanks again :tinysmile_grin_t:

              Comment


              • #8
                Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                Originally posted by Astybelle View Post
                Hello again,

                I have uploaded all documents to dropbox and here is the link where you can view them.
                https://www.dropbox.com/sh/a5b3rdmeo...NRZlGy9ga?dl=0

                Thanks again :tinysmile_grin_t:
                Sorry can't open the attachment.

                nem

                Comment


                • #9
                  Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                  deleted

                  Comment


                  • #10
                    Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                    OK got the attachments, a lot to read back later.

                    nem

                    Comment


                    • #11
                      Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                      [QUOTE=Astybelle;687726]Hello again,

                      I have uploaded all documents to dropbox and here is the link where you can view them.
                      https://www.dropbox.com/sh/a5b3rdmeo...NRZlGy9ga?dl=0

                      Mostly too small to read properly = PDF?

                      Comment


                      • #12
                        Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                        [QUOTE=MIKE770;687817]
                        Originally posted by Astybelle View Post
                        Hello again,

                        I have uploaded all documents to dropbox and here is the link where you can view them.
                        https://www.dropbox.com/sh/a5b3rdmeo...NRZlGy9ga?dl=0

                        Mostly too small to read properly = PDF?
                        Yep magnification just blurs them.

                        nem

                        Comment


                        • #13
                          Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                          Thanks for taking a look. I didn't realise that if you try to magnify the documents they go blurry.
                          I will try to upload as PDFs.
                          Sorry, I know it is a lot of paperwork to read.
                          I have underlined some things on the witness statement that either I don't understand or they are not true. For example Lowell states that i did not try to get in touch before they issued the court claim. In fact I did and I have recorded delivery receipts to prove it.

                          Comment


                          • #14
                            Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                            ........I don't understand or they are not true. For example Lowell states that i did not try to get in touch before they issued the court claim.
                            From having seen other WSs by Lowell, it would appear that they routinely state that.
                            If you have proof that you did contact them, use it to cast some doubt on the due diligence they should have used when preparing their WS.
                            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


                            • #15
                              Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

                              Here are the documents in PDF format.

                              https://www.dropbox.com/sh/md2aj6r0b...NNB6JjVQa?dl=0

                              If you can't view them in detail on the web browser download them. You should be able to then magnify them without the picture blurring.
                              Thanks again for taking the time to have a look [MENTION=55034]nemesis45[/MENTION], I know there are a lot of documents.
                              :beagle:

                              Comment

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