Lowell Solicitors Claim Form

[Brijay638]

Hi all.

Recieved a claim form today issue Date 13.11.17

For an amount of around 550
Looking for advice
Particulars :
Hi i took a Vanquis credit card in 2012 when i was employed. Used it to buy things and then pay off etc to build credot until i was made unemployed. I left it foolishly and didnt contact them resulting in it being passed to Lowell 03/2015

Moved in with a girlfriend so not recieved many letters from them just the odd one my mum as passed along when i have been back home.

She rang me today saying this had arrived.

Only just had a CCJ taken off my file after 6 years from when i was 20... ive increased my CS by 200 points in the last year hoping to secure a mortgage so this is something i could really do without.

I havent acknowledged at all at the moment as im looking for advice.

Im self employed at the moment and could probably get this paid off within a few months if given the option however i dont and cant have a CCJ on my file

Im thinking wait a week and acknowledge for the extra 2 .. then admit... wherein am i right in thinking a CCJ will be issued and ill have 30 days from the date of issue of the CCJ to pay completely off and i can have the CCJ removed from my Credit File without any impact to the score at all?
.. thereby giving me 7 weeks around about to beg borrow and steal to squirrel it away to pay off in full.
Any help would be appreciated. Thank you

[Debt Camel]

Re: Lowell Solicitors Claim Form

A CCJ will wipe out any chance of a mortgage for 6 years, unless you can pay it in 30 days.

Can you persuade your mum to send over all the mail in future? Lowell's will have sent a letter before Action/Claim which would have given you 30 days to replay and then ask for another 30 days...

HAve you asked for a CCA records for the debt? And a statement of account?

If you put in some sort of defence it usually takes quite a few months to get to court - save the money during this time then when you lose pay it off in the 30 days, you

[Amethyst]

Re: Lowell Solicitors Claim Form

For £500 and your desire to be obtaining a mortgage soon I'd probably try and negotiate to avoid a CCJ, particularly as this is quite a recent agreement - however, you might as well make them work for their money - you might well be able to defend it in full - but put yourself in a position where you could settle it within 28 days of a judgement ( likely to be at least 3 months off ) if worst came to worst. So that would likely be easier for you to raise the funds to settle ( and possibly at a discount ) as you'll have more time than just entering an admission and offer to pay. Defending doesn't cost you anything ( well so long as you aren't completely unreasonable ) and there are normally plenty of opportunities to settle before having a judgment recorded against you.

(( Timescales - acknowledge takes you to 28 days - then put in a defence - claimant has 28 days to respond - then Directions Questionnaires ( a form filling exercise ) before being transferred to your local court and then mediation or a hearing ordered - then waiting for witness statements/documents and the actual hearing - maybe April time. So if you can get it settled before then you'll be pretty safe with regards the CCJ.))

So I'd follow the First Steps - get the claim acknowledged and the CPR and CCA requests sent off... then keep your thread here updated and take it as it comes


( crossed posts with DC she said the same, just more concisely )

[Debt Camel]

Re: Lowell Solicitors Claim Form

Do you remember if you had something called ROP on the Vanquis card? It's a bit like PPI ... If you did, sling in a complaint that it was missold, see https://debtcamel.co.uk/vanquis-rop-refund/. Any money you get back can help pay off this debt.

[Brijay638]

Re: Lowell Solicitors Claim Form

A CCJ will wipe out any chance of a mortgage for 6 years, unless you can pay it in 30 days.

Can you persuade your mum to send over all the mail in future? Lowell's will have sent a letter before Action/Claim which would have given you 30 days to replay and then ask for another 30 days...

HAve you asked for a CCA records for the debt? And a statement of account?

If you put in some sort of defence it usually takes quite a few months to get to court - save the money during this time then when you lose pay it off in the 30 days, you

Hi, thanks for your reply it is very much appreciated.

I havemt recieved a Letter before Action but thats not to say it has t arrived and not been passed along by the mother. Ive told her to either reroute or let me know aboit all future post.

I havent asked for the CCA or Statement of Account.
How would i go about this. Is there a forum sticky or instruction guide on advising what exactly im requesting and how to go about it? Such as i believe you have to include Postage Payment etc?

Thanks for the heads up on the last point. File a defense under what grounds though?

Also am i required to fill in all parts of the paperwork. Particularly the budget sheets asking me for all ins and outs. I dont like disclosing my signature or these details at the best of times

Any further advice will be greatly appreciated.

Thanks again

- - - Updated - - -

For £500 and your desire to be obtaining a mortgage soon I'd probably try and negotiate to avoid a CCJ, particularly as this is quite a recent agreement - however, you might as well make them work for their money - you might well be able to defend it in full - but put yourself in a position where you could settle it within 28 days of a judgement ( likely to be at least 3 months off ) if worst came to worst. So that would likely be easier for you to raise the funds to settle ( and possibly at a discount ) as you'll have more time than just entering an admission and offer to pay. Defending doesn't cost you anything ( well so long as you aren't completely unreasonable ) and there are normally plenty of opportunities to settle before having a judgment recorded against you.

(( Timescales - acknowledge takes you to 28 days - then put in a defence - claimant has 28 days to respond - then Directions Questionnaires ( a form filling exercise ) before being transferred to your local court and then mediation or a hearing ordered - then waiting for witness statements/documents and the actual hearing - maybe April time. So if you can get it settled before then you'll be pretty safe with regards the CCJ.))

So I'd follow the First Steps - get the claim acknowledged and the CPR and CCA requests sent off... then keep your thread here updated and take it as it comes


( crossed posts with DC she said the same, just more concisely )

Thank you very much for your reply

Upon what grounds could i potentially file a defense in order to slow proceedings down?

What is CPR and CCA requests if i may be so thick? Lol and how would one go about requesting these documents?

I thank you again for your insight.

Thanks

[Brijay638]

Re: Lowell Solicitors Claim Form

I have acknowledged online and intend to send CPR and CCA requests tmoz. Do i then need to file the defence even if i dont hear back from them before the deadline

[Debt Camel]

Re: Lowell Solicitors Claim Form

Do i then need to file the defence even if i dont hear back from them before the deadline

yes! Come back a few days and someone will find you a template defense. Come back even if they do come up with the info - someone will find something else as a defence - it doesn't have to be that good if all you want to do is slow process down to give you time to save up.

[Brijay638]

Re: Lowell Solicitors Claim Form

In regards to the above post. It has been 10 working days, i have 6 dsys left before a defence needs to be filed and ive heard nothing back regarding a CCA or CPR requests.

Could people maybe post links to, or examples of a defence i could use if still nothing from either party come Thursday.

Thanks

[Kati]

Re: Lowell Solicitors Claim Form

In regards to the above post. It has been 10 working days, i have 6 dsys left before a defence needs to be filed and ive heard nothing back regarding a CCA or CPR requests.

Could people maybe post links to, or examples of a defence i could use if still nothing from either party come Thursday.

Thanks

here's a link to an example defence http://legalbeagles.info/library/gui...-court-claims/ ... have a play around and post on here before sending it
[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=48934]Debt Camel[/MENTION]??

[nemesis45]

Re: Lowell Solicitors Claim Form

here's a link to an example defence http://legalbeagles.info/library/gui...-court-claims/ ... have a play around and post on here before sending it
@nemesis45 @Amethyst @Debt Camel??

Yes please post up a draft the we can point you in right direction.

nem

[Diana M]

Re: Lowell Solicitors Claim Form

Vanquis credit card in 2012 when i was employed. Used it to buy things and then pay off etc to build credot until i was made unemployed. I left it foolishly and didnt contact them resulting in it being passed to Lowell 03/2015

Moved in with a girlfriend so not recieved many letters from them just the odd one my mum as passed along when i have been back home.

So the claim has been served on an address where you don't live.

It's not clear when you moved in with your girlfriend but could that also mean that you weren't served with a Default Notice or any Notice of Assignment or any Notice of Sums in Arrears?

Di

[Brijay638]

Re: Lowell Solicitors Claim Form

Thank you
In regards to this i recieved a copy of the so called 'Notice of Assignment' headed with my last address and dated 2015

I dont remember recieving it as i normally file all letters deemed important.

They state in the letter that they have " we have requested a copy of the agreement, statements and the Default Notice from the origional creditor and when a response is recieved we shall contact you. The account will remain on hold until such time. Please find enclosed the Notice of Assignment."

So with them saying they have placed the account on hold. Can i include this in my defence until such a time that i have the afforementioned documents in hand??

Thanks again

[Brijay638]

Re: Lowell Solicitors Claim Form

In the Northampton County Court Business Centre
Claim No: udhdhdhdj

Lowell Portfolio 1 Ltd
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB
Claimant
And

Me
Defendant


DEFENCE
1. I received the claim hdydvdbdh from the Northampton County Court on 20/11/2017
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. It is denied that the Defendant has [previously] entered into an agreement with Vanquis for provision of credit.
5. The Claimants Particulars of Claim 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 Claimants statement of case states that the account was assigned from Vanquis to Lowell Portfolio 1 Ltd on 31.03.2015. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Lowell Portfolio 1 Ltd 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.
9. On the 25.11.2017 I sent a request for inspection of documents mentioned in the claimant’s Particulars of Claim 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.
10. Lowell Solicitors Limited has not sent two of these documents to me. They have replied acknowledging reciept of my letter and enclosing a Notice of Assignment dated 24.04.2015 that I have not seen previously.
11. Lowell Solicitors Limited also states in the aforementioned letter that “ We have requested a copy of the agreement, statements and the Default Notice from the Original Creditor and when a response is received we shall contact you . The account will remain on hold until such time.
12. On the 25.11.2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 to 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with section 77 to 78 of the Consumer Credit Act 1974 and by virtue of 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.
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 ________________________________

- - - Updated - - -

How is that for a general defence revised for my circumstances. Only needs to be submitted 16th but gonna do tommorrow so i know its well in time etc

[warwick65]

Re: Lowell Solicitors Claim Form

In para 4 you deny ever having dealings with vanquis but in post 1 you say you do. You need to change para 4. Saying you have dealings does not admit a debt

Para 8 it would be vanquis who sent the DN not Lowell wouldn't it?

[Brijay638]

Re: Lowell Solicitors Claim Form

I have revised as advosed and submitted the defence. What next may i ask? Thank you all