Ccj lowell portfolio 1 ltd

[joga6970]

Hi,

I really need help ASAP, I'm trying to read and take in as much info as i can and im currently on the MCOL website not knowing what to do next. I have a county court letter claiming for 1871.57 which is made up of

Particulars of claim

£1562.13 being monies due from the defendant to the claimant
under store cards, credit cards agreement regulated by the consumer credit
act 1974 between the defendant and vanquis bank plc under account
ref xxxxxxxxxxxxxxxxxx and assigned to the claimant on 15/02/2013 notice of which
has been given to the defendant.
the defendant failed to maintain the contractual payment under the terms
of the agreement and a default notice has been served and not complied with.

I'm so confused do I enter a defence - if so what?

or do i just write to lowell or bw legal and make an offer of payment but i'm worried it will open the floodgate to others i had trouble paying back.

i now work in a finance dept and it would be frowned upon to have a ccj or i may even lose my job.

please can someone help and like i said i;m on the MCOL website now not knowing whats best to do to avoid this.

thanks so much.

[Stu]

Re: Ccj lowell portfolio 1 ltd

Hi firstly acknowledge the claim via MCOL but don't put anything in the defence as yet.. this will give you plenty of breathing space to get everything in order

Take a look here >> http://legalbeagles.info/forums/show...it-Court-Claim

Don't stress over this you will get any and all the help you need here..

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Thanks so much for replying, I'm so worried people are saying just write and pay a few pounds but I'm not sure they would accept it and may cause me more problems from other debts.

I just don't know what to do now I've done the AOS.

Do i now send the cca letter and cpr letters?

sorry for all the questions, totaly novice!

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Thanks so much for replying, I'm so worried people are saying just write and pay a few pounds but I'm not sure they would accept it and may cause me more problems from other debts.

I just don't know what to do now I've done the AOS.

Do i now send the cca letter and cpr letters?

sorry for all the questions, totaly novice!

Hi,

Please can anyone update me as to what to do next, sit and wait? Any advice please!

[Stu]

Re: Ccj lowell portfolio 1 ltd

Morning, get a CCA request to the claimant asap with a £1 postal order and mark it with "statutory fee only" send recorded and keep proof of the posting

Send the Solicitors the CPR request and no fee is required here... It will be a fair old waiting game thereafter ...

When did you last pay anything towards the debt or acknowledge it?

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Morning, get a CCA request to the claimant asap with a £1 postal order and mark it with "statutory fee only" send recorded and keep proof of the posting

Send the Solicitors the CPR request and no fee is required here... It will be a fair old waiting game thereafter ...

When did you last pay anything towards the debt or acknowledge it?

Hi, thanks for reply - I've done CCA with postal order but just filled in lowells name and a cpr and copy of cca to solicitors.

Last time I paid anything was probably 2014.

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Hi, thanks for reply - I've done CCA with postal order but just filled in lowells name and a cpr and copy of cca to solicitors.

Last time I paid anything was probably 2014.

Letter received this week from BW Legal

WE WRITE WITH REFERENCE TONTHR ABOVE MATTER AND YOUR RECENT CORRESPONDENCE ON 10 NOVEMBER 2016.

OUR CLIENTS CLAIM IS FOR THR SUM IF £xxxx AND IS IN RELATION TO MONIES DUE AND OWING UNDER YOUR AGREEMENR WITH VANQUIS BANK, ACCOUNT NO XXXXXXXXXXXXXXXXX.

WE NOTE THE CONTENTS OF YOUR CORRESPONDENCE AND CONFIRM THIS HAS BEEN NOTED ON FILE. YOUR REQUEST FOR DOCUMENTATION TO CONFIRM YOUR LIABILITY RELATING TO THE ABOVE HAS BEEN REFERRED TO OUR CLIENT. OUR CLIENT MAY REFER YOUR REQUEST TO THE ORIGINAL CREDITOR. ACCORDINGLY, THE DOCUMENTATION WILL BE FORWARDED TO YOU UPON RECEIPT.

WE WILL SEEEK TI ENSURE THAT THE INFORMATION YOU HAVE REQUESTED IS PROVIDED AS SOON AS POSSIBLE, HOWEVER THIS CONTINGENT ON RECEIVING THE DOCUMENTATION FROM THE ORIGINAL CREDITOR.

TWO QUESTIONS;-

1. Do I need to do anything in regards to the AOS I did with the county court.

2. What next?

many thanks in advance.

[Stu]

Re: Ccj lowell portfolio 1 ltd

As long as you stick by the courts timetable you won't go wrong and that letter is just a standard response... start planning your defence, there are templates on the forum

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Hi,

Thanks for replying, but feel quite scared as to what to do next in case it's wrong.

county court letter received 1/11/2016 but dated 27/10/16

AOS DONE 10/11/16
LETTERS SENT RECORDED ON 10/11/16

LETTER RECEIVED ABOVE 18/11/16

When and what do I write as my defence?

sorry so many q's just want to get it right.

thank you so much

[charitynjw]

Re: Ccj lowell portfolio 1 ltd

Hi

Your defence needs to be submitted by Tuesday 29th November, 4 p.m.
A generic defence template can be found here - http://legalbeagles.info/forums/show...t-Court-Claims
You'll need to tweak it to suit your individual circumstances.
If you wish, you could post your draft on this thread for comment before submitting it. (Personal identifiers removed.)
For clarification, what is the alleged debt for? (Credit card, store card/account etc.)

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Hi,

Thanks again for helping and replying it is very kind of you.

This is what I have ready to submit but please can you advise if it is correct as I have no idea.

I've left claim no. out and others in bold so you know what I have filled in myself.

NOT SURE AT ALL ABOUT 8, 9, 10, 11 OR 12 (PLEASE ADVISE)

1: I received the claim [Claim Number] from the County Court on 1.11.2016. Northampton.

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 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.

6. The Claimants statement of case states that the account was assigned from Vanquis Bank to Lowell Portfolio on 15.02.2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis Bank 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the 10.11.2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] 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), but they have declined.] or [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.]

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 .................................................. ....

[charitynjw]

Re: Ccj lowell portfolio 1 ltd

Hi

#8 - all of these are mentioned in the PoC, so if they were all in your CPR request, that's fine..

Are BWL still the acting solicitors? (#s 8 & 9)

If this for a credit card, s78 CCA is applicable; scrub references to s77 (#s 10 & 11)

#12 - Did you use the forum template for your CPR request?
If so, has the Claimant/solicitors agreed to the 28 day extension?

Please confirm that you have acknowledged the court claim (per [MENTION=69750]Stu[/MENTION]'s post #2).
Also, what was the claim issue date? (On the front of the court claim form).

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Hi

#8 - all of these are mentioned in the PoC, so if they were all in your CPR request, that's fine..

Are BWL still the acting solicitors? (#s 8 & 9)

If this for a credit card, s78 CCA is applicable; scrub references to s77 (#s 10 & 11)

#12 - Did you use the forum template for your CPR request?
If so, has the Claimant/solicitors agreed to the 28 day extension?

Please confirm that you have acknowledged the court claim (per @Stu's post #2).
Also, what was the claim issue date? (On the front of the court claim form).

HI,

So no. 8 fill in date I sent cpr request I claimants solicitor and just the agreement?

yes BW legal are solicitors.

i did use forum template for cpr request.

only had 1 reply from BW legal which I posted above and just says they will provide information as soon as possible, however this contingent on receiving the documentation from the original creditor.

i did the AOS on the 10/11.16 and dated on form was 27 October

[charitynjw]

Re: Ccj lowell portfolio 1 ltd

HI,

So no. 8 fill in date I sent cpr request I claimants solicitor and just the agreement?
Put Default Noice & Notice of Assignment as well (Whatever was included in your CPR request) & date sent.

yes BW legal are solicitors.

i did use forum template for cpr request.

only had 1 reply from BW legal which I posted above and just says they will provide information as soon as possible, however this contingent on receiving the documentation from the original creditor.
So #12, use the "they have declined" part.

i did the AOS on the 10/11.16 and dated on form was 27 October

Your defence needs to be filed by tomorrow, 29th November 4pm latest

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Your defence needs to be filed by tomorrow, 29th November 4pm latest

Hi - thanks so much for all your help.

just about to send defence but do I need to sign it or can I just input my name?