BW Legal for Lowell V Cornish Pasty

[cornish pasty]

Eh ? Weird !!

your address looks right - Enterprise House, 1 Apex View, Leeds, West Yorkshire, LS11 9BH ? Just to check..

cant see anything saying they've moved on their site or anywhere

address on envelope is what it says on claim form.
i think there just messing about in the hope they will get judgement by default

does this none delivery need to be included in our defence?

[cornish pasty]

address on envelope is what it says on claim form.
i think there just messing about in the hope they will get judgement by default

does this none delivery need to be included in our defence?

Just noticed more indiscrepances.
the court papers dated 20 Oct 2018
But both Lowell letter advising going to litigation any bw legal letter of claim dated 8 nov 2017.?
Is there some significance they keep using the wrong dates?
Does this invalidate the letter of claim?
I don't know what their up to but is making me think they are trying to pull some underhanded trick.

[Amethyst]

I suspect they are just rubbish tbh. But can still go in your defence to show their ineptitude.

Have a read through the example - Example Defence
and you'll see it is generally based on the claimants failures to supply documents/information about their claims.

If you want to have a bash putting it together with the right dates and details on and post it up we can check it over xxx


Just had a look at BW Legal again and literally their details have just changed on bing maps.... looking into it. But don't worry, you stick with using the address on the claim form until formally informed otherwise. Their registered office address hasn't changed.

The Tannery 91 Kirkstall Road, Leeds LS3 1HS

[cornish pasty]

I suspect they are just rubbish tbh. But can still go in your defence to show their ineptitude.

Have a read through the example - Example Defence
and you'll see it is generally based on the claimants failures to supply documents/information about their claims.

If you want to have a bash putting it together with the right dates and details on and post it up we can check it over xxx


Just had a look at BW Legal again and literally their details have just changed on bing maps.... looking into it. But don't worry, you stick with using the address on the claim form until formally informed otherwise. Their registered office address hasn't changed.

The Tannery 91 Kirkstall Road, Leeds LS3 1HS

this whole claim seems to be based on conflicting information.
the letter of claim dated Nov 2017
yet posted Sept 2018
Payment required 13 Dec 2017 to avoid legal action.
this date passed 9 months before they even sent the letter of claim.
the estimated claim amount doesn't match either, some £500 difference.

[cornish pasty]

this whole claim seems to be based on conflicting information.
the letter of claim dated Nov 2017
yet posted Sept 2018
Payment required 13 Dec 2017 to avoid legal action.
this date passed 9 months before they even sent the letter of claim.
the estimated claim amount doesn't match either, some £500 difference.

ok, I have had a go at the defence, here it is.
I didnt know if I should mention the wrong dates on the letter of claim or the fact the CPR request was returned.
I wait for you opinions.

1/I received the claim======== from the Northampton County Court Business Centre
on 22nd September 2018.

2/ This claim appears to be for a Store/Credit Card agreement regulated under the Consumer Credit Act 1974.

3/The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

4/ The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.
Last payment made 7th March 2012.

5/ The Claimants statement of case states that the account was assigned from Vanquis Bank PLC to Lowell Portfolio1 Ltd on 31st May 2013. The Defendant does not recall receiving notice of this assignment.

6/ It is denied that Vanquis Bank PLC 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. The Claimant is required to prove that the Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

7/ On the 24th September 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the ;
1. Agreement
2. Terms
3. Notice of Assignment
4. Default Notice.

8/ BW Legal has not sent any of these documents to me.

9/ On the 24th September 2018 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10/ 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.

11/ 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.

12/ 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.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

I'll go through it, just giving BW a ring to find out about the address....

I think they have only claimed 1 year of stat interest rather than up to the date of the claim.

Not sure why they have claimed the first year rather than the last year though it is standard to claim stat interest limited to 1 year.

includes statutory interest

pursuant to section 69 of the county courts

act 1984 at a rate of 8.00% per annum ( a

daily rate of £0.41 from the date of

assignment of the agreement to

31/05/2014 being an amount of £150.06.

The £668 figure would seem to be if interest at stat 8% rate was charged for the full period from assignment to the date of the letter before claim.

[Amethyst]

Okay the address is still current and yes the post room should accept any recorded/special delivery items so they are confused as to why it was returned as gone away... he suggested the post office might have sent it to their old address ( that's the Tannery House one)… but seems unlikely. He says to send it again in any case - same address

Enterprise House, 1 Apex View, Leeds, West Yorkshire, LS11 9BH

[cornish pasty]

Okay the address is still current and yes the post room should accept any recorded/special delivery items so they are confused as to why it was returned as gone away... he suggested the post office might have sent it to their old address ( that's the Tannery House one)… but seems unlikely. He says to send it again in any case - same address

Enterprise House, 1 Apex View, Leeds, West Yorkshire, LS11 9BH

I can't believe in this day and age that the postal service can't get a letter to a company even if they had moved. Never heard of redirect. Unbelievable.

[Amethyst]

I didnt know if I should mention the wrong dates on the letter of claim

I'm being a bit thick sorry, what were the wrong dates... the letter of claim was sent in Nov 2017 and required action by 13th Dec. You wrote to them then, I believe, asking for more information which they didn't reply to, and your next contact from them was the claim in Sept 18 ?

[cornish pasty]

I'm being a bit thick sorry, what were the wrong dates... the letter of claim was sent in Nov 2017 and required action by 13th Dec. You wrote to them then, I believe, asking for more information which they didn't reply to, and your next contact from them was the claim in Sept 18 ?

no the letter of claim arrived in Sept 2018, with all 2017 dates on it.
the previous request for info was after a standard begging letter

[Amethyst]

I thought that might be what you meant. Did you receive that letter before the court claim was issued? You didn't keep the envelope did you?
Was the reply form included with it ?

. Asked BW Legal to prove debt back in Dec 2017 via email. Their reply was documents would be sent by post, but there weren't. (Have copy of email and their reply)

Can you post those pls. And do you still have the letter they DID actually send in Nov/Dec 2017 that instigated the 'prove it' letter.

Just trying to get things straight for the defence.

If they failed to comply with the preaction protocols and tried to cover it up by sending it just before issuing the claim - that wants to go in the defence.

Debt PAP came into force on 1st Oct 2017.

[cornish pasty]

I thought that might be what you meant. Did you receive that letter before the court claim was issued? You didn't keep the envelope did you?
Was the reply form included with it ?

Can you post those pls. And do you still have the letter they DID actually send in Nov/Dec 2017 that instigated the 'prove it' letter.

Just trying to get things straight for the defence.

If they failed to comply with the preaction protocols and tried to cover it up by sending it just before issuing the claim - that wants to go in the defence.

Debt PAP came into force on 1st Oct 2017.

will see what I can find out and get back to you very difficult with me being south west and him in the Midlands.
also he goes off on one with anxiety issues if I keep pestering him.

[Amethyst]

Don't worry him over it, it's very unlikely, and even if he did have the envelope it's likely not to have a date on it..... plus with his anxiety it may be he just did nothing with the letter and just told you it had just arrived.... it's not hugely important at the moment, more affects later costs, we might need to look at it later if they proceed after the defence but for now just keep it in mind next time you visit him/vice versa.

I'll get the defence sorted now

[Amethyst]

Okay, have left the stuff you've found out from the SAR out of the defence for now - it can come in later if needed ( might want to defend those ID protection fees and late payment charges etc if the claimants do evidence the claim )…. see what you think anyway.


1/

This claim is stated by the Claimant to be for a Store Cards/Credit Cards agreement regulated under the Consumer Credit Act 1974 between myself and Vanquis Bank.

2/ The Claim is denied. I do not recall having a Store or Credit card account with Vanquis Bank.

3/ The Claimant wrote to me in November 2017 requesting payment of an alleged debt owed to Vanquis. I did not recognise the account and requested the Claimant provide further information and copies of documents to enable me to consider my position regards their demand.

4/The Claimant failed to provide any further information and I did not hear any further until receipt of the claim in this case on 22nd September 2018.

5/

The Claimant's Particulars of Claim fail to state when the agreement was entered into. It is believe to be from a period when I lived in shared accommodation so I have concerns as to whether this is a case of mistaken identity, but I am unable to find out any further information.

6/ I believe the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. I have no record of any payments being made to Vanquis Bank.

7/ On the 24th September 2018 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8/ The Claimant has failed to respond or comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

9/ On the 24th September 2018 I sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to BW Legal ( acting for the Claimant in this case). I requested they provide copies of the ;

1. Agreement

2. Terms

3. Notice of Assignment

4. Default Notice.

10/ The Claimants statement of case states that the account was assigned from Vanquis Bank PLC to Lowell Portfolio1 Ltd on 31st May 2013. I do not recall receiving notice of this assignment.

11

/ It is denied that Vanquis Bank PLC 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. The Claimant is required to prove that the Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

12

/ 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. This should include the original agreement, transaction lists to show how the account being claimed has accrued, the default notice and evidence of the lawful assignment of the agreement to the Claimant.

13/ 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. I have been requesting documents from the Claimant relating to their claim since December 2017 and had they been provided this action may not have been necessary.

[cornish pasty]

will see what I can find out and get back to you very difficult with me being south west and him in the Midlands.
also he goes off on one with anxiety issues if I keep pestering him.

thank you so much for the defence amendments. Very much appreciated.
i have spoken to my lad about the events and time stamps. His reply was,
"I'm not sure. I really don't remember. Time doesn't have much substance for me so something that happened yesterday seems ages away and vice versa"
much as I expected.
however, I think I have got the main trail as best I could.
the letter of claim did come in Nov 2017 along with Lowell's letter in the same envelope. As he didn't recall any knowledge of the account, he sent both Lowell and BW Legal an email asking for further information.
the reply was the letter saying when it was opened and that it was not statue barred.
he the emailed them again, asking for some form of agreement, default notice and details of payments. He received a reply saying they would be posted to him, but nothing was ever received.
there was no further contact then until the email from BW Legal on 20/09/2018,
stating a court claim had been issued.
the court papers arrived by post 2 days later.
i have attached every thing we can find.
i am sorry this is a long message, but thought it might enable you to get a clearer picture.