Lowell vs AATJJJ ADVICE PLEASE

**Aatjjj** · 26th November 2018, 14:15:PM

Today i logged onto money claim and responded to the claim, ....am I right in thinking 28 days is now 19th Dec?

Will I get extra time as its so close to Christmas?

I printed off the 2 letters in the advice to send the request with one pound and the letter to solicitors 31.14.
Should i ask on one of these for statements?, as i have no clue how they arrived at this figure ? or is this covered with the requested documents ?, also there is no mention of default notice on the particulars of claim and I am not sure i ever got one, do I ask for this too ?

Sorry for all the questions.......need some guidance.

**Amethyst** · 26th November 2018, 14:21:PM

Hi there AATJJJ

For now when you log in to Moneyclaim online JUST ACKNOWLEDGE the claim with intent to defend in full.... the defence can come later - you'll actually have until 23rd December to file your defence, so lots of time to get some more information about this debt. First Steps
Check dates ( to check that 23rd Dec is the Defence date - do issue date + 33 days )
Acknowledge Claim - just intend to defend in full
CCA Request to Lowell to get copy of credit agreement
CPR 31.14 Request to Lowell's Solicitors for notice of assignment, agreement

Does anything show on your credit file about this? You won't be statute barred a syou were making payments by an arrangement but the credit file should show your default date. I'd probably add Default Notice to the CPR request as well.. it won't hurt to ask for it and could be useful.

charging me sums of £50 or more to set up payment plans as a fee

Hmmm do you have any info on this?
also

they kept upping my limit

Did they give you the option of NOT increasing the limit, or were they increasing it to cover their own interest and charges? Did you keep making minumum payments for a long time before you tried to get an arrangement sorted ?

I think a Subject Access Request Letter to Vanquis is a good idea as well. Ask for transaction lists, screen notes and call recordings and any documentation at all they hold relating to you and this account.

**Amethyst** · 26th November 2018, 14:22:PM

Ahhh crossed posts - you sound like you're on track

Have a read through my post anyway and if there's still any questions feel free to shout again xxx

**Aatjjj** · 26th November 2018, 16:24:PM

There is nothing on my credit file at all from vanquish ever !

Did they give you the option of NOT increasing the limit, or were they increasing it to cover their own interest and charges? Did you keep making minumum payments for a long time before you tried to get an arrangement sorted

Yes ...i made the minimum payment for ages before agreeing to a plan,and they kept increasing even thou i was only paying minimum payments ..... they upped the limit as even thou i was paying the amount requested it wasn't enough to stop it going over the limit with charges etc.

The payment fees were wierd....all over the phone...if you pay 80 etc etc well match it, or if you pay a fee then we can set up a payment arrangement for x many months....them amounts would change anyway...i got sick of it...so just let it ride.....they literally passed to debt collectors really fast.

I did answer Lowell original letter of claim too, asking for details etc but never had any reply (still hoping i can find the safe place i put that reciept in!)....should i include this in my letter to them ?

Thanks for the reply....ill do the SAR now too........just out of interest if Vanquish answers my SAR.....and lowell dont...does this still count as receiving documents .....or only is Lowell send them ?

**Amethyst** · 26th November 2018, 17:28:PM

Only Lowell ones count for the court claim ( unless in your favour or disclosure ordered by the court ) It does sound like you'll have a few arguments on the amount being claimed so it's definitely worth doing the SAR.

Sounds like Lowell failed with the letter of claim - yes the receipt and copy of your response would be useful - and yes you'd put that in your defence. Should help with costs if necessary later.

**Aatjjj** · 11th December 2018, 10:46:AM

hi

This claim is still ongoing, I received an acknowledgement letter from Lowell saying they have requested the documents that is it nothing else.....do I still just wait, or should I make a start on the defence?

I haven't contacted them at all so far other than to request the documents.

As my date falls so close to Christmas, is it worth asking for extra time or will this just give them more time to find stuff?

Many thanks for the help

.

**Aatjjj** · 11th December 2018, 10:48:AM

Oh yes and BTW, I had a copy of the letter of claim and my request for info on my computer but cant find the proof of posting.
Still nothing from vanquish(they haven't even cashed the cheque for the request for documents)

**Amethyst** · 11th December 2018, 12:40:PM

Personally I'd just put in your defence before the deadline, probably prep it and aim to file on the 19th then you can pretty much forget about it till after New Years.

Vanquis probably won't cash the cheque if it was for a Subject Access Request - payment isn't required for a SAR now since the law changed in May.

**Aatjjj** · 17th December 2018, 16:14:PM

ok so still nothing from them ............... so I'm going to get going on my defence..at this point is it that they can't prove or haven't provided proof that I owe the sums they say?

Do I say I've had a financial relationship but do not agree with the amounts? or not?..how do I play this from here?

**Aatjjj** · 18th December 2018, 11:39:AM

any advice or help please with defence?

**Amethyst** · 18th December 2018, 11:42:AM

Hi AATJJ

Have you amended the example to suit your claim? IF you want to do that will have a look then

Should be quite straightforward as you've sent the requests and simply not received anything. Starting point -> Example Defence

**Aatjjj** · 18th December 2018, 12:08:PM

I'm in the process of doing so . in this part .........

It is denied that the Defendant has previously entered into an agreement with Vanquish for the provision of credit.

do I put something along the lines of Although I acknowledge I have previously had financial dealings with vanquish previously, I do not have sufficient evidence or details to assess the particulars of the claim?...or do i just deny it for now until they provide proof?... do i put talk about charges and stuff here and the fact my credit limit as over 1k lower than the amount they are claiming ?..how

It is admitted that the Defendant has previously entered into an agreement with Vanquis Bank LTD for the provision of credit although
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.?

**Amethyst** · 18th December 2018, 12:34:PM

It is admitted that the Defendant has previously entered into an agreement with Vanquis Bank LTD for the provision of credit although
the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards their claim

sounds good to me

xxx The charges / interest etc can come in later if needed.

**Aatjjj** · 19th December 2018, 13:44:PM

DEFENCE
1. The Defendant received the claim xxxxxxxx from the Northampton County Court on xxxx November

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 an agreement regulated under the Consumer Credit Act 1974.

4 it is admitted that the Defendant has previously entered into an agreement with Vanquis Bank LTD for the provision of credit but The Defendant does not recognise the sum claimed and the Claimant has not provided any further breakdown or details of how they have arrived at the amount of the debt.

5. The Claimants statement of case 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 and without any records or requested documentation, I cannot be sure the debt is enforceable.

7. The Claimants statement of the case states that the account was assigned fromVanquish toLowell xxxxxx September. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Vanquish 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 any 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.

9. When the defendant received the notice of claim, the forms were completed and sent back requesting additional information to be able to assess the claim, this was not acknowledged or responded to or any information sent to me regarding the claim before court action was commenced which is not in line with the pre-action protocol.

10. On the xxxxxx November, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment, along with any copies of statements or documentation they hold.

11. Lowell solicitors have not sent any of these documents to the Defendant.

12. After receiving the notice of claim and again On the xxxx September The Defendant sent a formal request for a copy of the original agreement to Lowell pursuant to section 77 /78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

14. The Defendant has asked the Claimant if we may agree to extend the time period allowed for the filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for the filing of the 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.]

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.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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.

Lowell vs AATJJJ ADVICE PLEASE