Need some Newbie Advice!!

[Nuttysherman]

Hi
i received a County Court Claims Form From Lowell For an outstanding Debt to a Credit Card Company Vanquis which originally States default Balance £1,992 Date of Default 31/07/2014 .
i Cant remember this Balance been this as it was 17/01/2012 when the alleged account was opened. to cut a long story short i was living with and ex and things went out of hand and this seems to have came back to haunted me now.
i have no recollection of the default been in 2014, As i have been reading this Forum and other to get some help and reading what people have done i have so far:
Claim History

Your acknowledgment of service was received on 27/11/2018 at 16:01:55

Your defence was submitted on 17/12/2018 at 15:31:08

Your defence was received on 17/12/2018 at 16:01:53.

I did Once a send my Acknowledgment of service off then go and send 2 letters to Lowell Solicitors Recorded delivery and with the £1 postal orders on requesting for CPR18 for the production of a verified and legible copy of each of the following 4 documents : The Deed of assignment , The Notice of Assignment , The Default Warning letter and the Default Notice. The other Letter i send was again to ask for a copy of any credit Agreement they they have along with a statement of account.
These Were sent on the 27/11/2018 & 28/11/2018 both reordered delivery and Received

They still did not send me any documents other then a letter on the 6/12/2018 which said a copy of the notice of assignment has been enclosed for your information we can confirm that since the original creditor assigned only its benefit and not it burden under its agreement with you there was no requirement for your consent no novation took place and therefore no novation agreement exists or was required. we would add that our client would not at any time be under any obligation to disclose the deed of assignment to you, this is a private record of contract between our client and the original creditor.
There was no notice of assignment enclose in the letter.

since all this i have now received a letter from lowell solicitors with a copy of the Directions questionnaire Enclosed that they have sent to the courts which they have agreed to Mediation.

I am new to all this and very wet behind the Ears so any help in the best direction would be a great help and weight of my shoulders.
Sorry about the Big Essay

The Ongoing Balance of the last letter States the Balance is now £2564.39

Andy

[MIKE770]

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[Nuttysherman]

Thanks for the Reply mike all them stages are past no as the Claim has been acknowledged i have sent the requests off and now Lowell have sent me a mediation letter they have filed.

[MIKE770]

you will get one from the courts soon lowells always send early

[Nuttysherman]

Thanks Mike i have noticed it states this was defaulted on 31/07/2014 i have checked my banking and there has been no payments throughout the year 2014, Is it possible just to make Default dates up ?

[Nuttysherman]

Hi I have received an email today about going ahead with the mediate is this necessary as they still have not sent me the documents i have asked for.
will i need to send letters again requesting this ?

[MIKE770]

do not remind them - mediation will ask if you have all the necessary paperwork for mediation when/if you say no then they will say mediation cannot go ahead the the court informed , the next stage is the court system

never chase them as they know the game they have to respond albeit at a later stage seems to be the norm with them. we do not want them to find them at this stage or get them to increase search

[Nuttysherman]

Hi little update on my case and some Advice would be grateful if you could as i am a little clueless at all this and know there is a lot of friendly and useful people on this forum who could possibly share there knowledge.

I have received a letter with the Notice of Allocation to Small Claims Track ( hearing )
now i must
1. Send the court and send the other Party a Witness statement
2. Copies of all documents i wish the court to see in deciding my case ( do i have to send this to Lowell ? )

while this is ongoing i have received a letter from Lowell solicitors stating in order to resolve this this matter and avoid proceeding to a hearing our client is willing to settle the above with me through a Tomlin Order.

I am now stuck on what to put for my witness statement
What documents are best to send in
is the Tomlin Order worth Going ahead with or is it a Scare tactic used by Lowell

any help would be Grateful and if more information is needed i will be happy to share

Ps I have until the 4pm 23rd of April to send the Witness Statement

[Nuttysherman]

With the Tomlin Order Lowell also attached a Letter from Vanquis Bank about my original Account application dated 18 December 2018 stating this was an Electronic Signature
there is also a few pages of the digital signature Application details application date 16/01/2012.
there is no signature present on any of the pieces of paper just account statements from 29/01/2012 - the last Transaction 08/12/2013. the rest after that is late payment charges up to 28/11/2018 final charge off.
there is a notice of default letter also dated 10 march 2014 which to be honest just looks like Lowell have made on computer and added Vanquis on. What do people think are my best options before this gets to far down the line as i do not want a CCJ on my File

[Amethyst]

Is the Tomlin order for any discount or the full claim ?

The debt isn't statute barred.

They have complied with the cca request

They have provided notice of assignment and default notice.

[Nuttysherman]

Is the Tomlin order for any discount or the full claim ?

The debt isn't statute barred.

They have complied with the cca request

They have provided notice of assignment and default notice.

Thank you for the quick reply. No they are asking £2,664.39
The Original Default account Balance was £2096.27 from Vanquis

[Nuttysherman]

on the Statement they have supplied from Vanquis the final Charge off is £2,203.14

[Amethyst]

So court fee and solicitors fee ...and statutory interest ... makes up the other £400 ? or have they added extra £100 for filing the Tomlin order ? The vanquis charge off balance will be higher due to missed payment charges and interest after your last payment - £200 doesn't sound excessive.

Is it an instalment agreement offer ?

They have sent you some statements / transaction lists ? Any PPI or anything on the account that could be used to negotiate ?

[Nuttysherman]

So court fee and solicitors fee ...and statutory interest ... makes up the other £400 ? or have they added extra £100 for filing the Tomlin order ? The vanquis charge off balance will be higher due to missed payment charges and interest after your last payment - £200 doesn't sound excessive.

Is it an instalment agreement offer ?

They have sent you some statements / transaction lists ? Any PPI or anything on the account that could be used to negotiate ?

Yes they have left it Blank as to what i will be willing to pay per month and commencing from is blank also.
how would i find out if there is any PPI on that account to negotiate with i am very wet behind the ears when it comes to this sort of stuff i and just a bit worried about the outcome and possible the payment back as i am only currently working part time at the minute and have to 2 children that rely on me.

[Nuttysherman]

Hi would i be best as to setting the Tomlin Order up just a think i am running out of time as to go ahead with the Tomlin Order as this was send on the 2nd of April.