Lowells Vs Me

[ukc331]

Received a claim? Yes/No: Yes
Issue Date: 13/02/2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £700
Claimant’s Name: Lowell Portfolio Ltd
Solicitors Firm: Lowell Solicitor
Original Creditor: Vanquis
Original Debt (eg. Credit card/Loan/Overdraft) : £530.00
Particulars of Claim: 1) The defendant entered into a Consumer
Credit Act 1974 regulated agreement with
Vanquis under account reference XXXXXX
('the Agreement').
2) The defendant failed to maintain the
required payments and arrears began to
accrue.
3) The Agreement was later assigned to the
Claimant on 12/12/2017 and notice given to
the defendant.
4) despite repeated requests for payment,
the sum of £500.00 remains due and
outstanding.
And the claimant claims
a) The said sum of £500.00
b) interest pursuant to s69 County Courts
Act 1984 at the rate of 8% per annum from
the date of assignment tot he date of issue,
accruing at a daily rate of £0.118, but
limited to one year, being £43.02
c) costsIs the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not sure
List any letters you have sent (eg: CCA/ CPR ): Requested CPR and CCA today from Lowell.
Any Other Information or Background Details: I dont have any recollection of an account with Vanquis. This is the only 'letter' I have received referring to the account. I have acknowledged the claim and ticked that I intend to defend the full amount.

Thank you

[Amethyst]

Sorry for quick post ( have to run out) ... welcome......... just if you haven't been to post office yet get a SAR sent to Vanquis as well Subject Access Request Letter

and think you just posted elsewhere about this bit

2) The defendant failed to maintain the
required payments and arrears began to
accrue.

have a read through PRA v Doyle if you can https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html particularly cause of action/default parts.

[ukc331]

Thank you Amethyst.

I quickly had time to type a SAR to Vanquis, so popped that in the post as well!!

I will read through PRA v Doyle tomorrow when I've more time to digest the information.

[Amethyst]

Morning xxx The Doyle case basically says the default notice is a necessity and in your case they haven't even pleaded there has been a default, only that arrears have begun to accrue ... so no cause of action.

Anyway that is only useful further along dependent on the responses to your cca, cpr and sar requests.

Have you checked whether there is anything about this debt on your credit file at all ? Have you moved in last few years ? It would be odd not to have had any letters at all up till a court claim so it may be an error of some kind in tracing, ID error or ID theft .... or simply everything else has gone to a wrong address and they've just managed to get it right for the claim ..... Vanquis cards are usually called Vanquis so it would, I suspect, be something that if you had had it you'd remember. So really for now it's gathering info to find out as much as you can ... you need to get a defence in before 15 March so see what info you have by around 10th and assess things from there xxx

[ukc331]

Hi Amethyst, I haven't checked my credit file yet but will do so shortly. I have lived at the same address for 20+ years so no chance of them using an old address!! I've definitely not had any letters before this claim form. I'll do some more digging and see what I can find out. I'm not bothered about going to court or CCJ's so am prepared to fight them to the bitter end.

[pt2537]

Strike them out, the Court of Appeal made it very clear this was an unanswerable strike out, Lowells arent the sharpest tools in the box, their pleadings are always awful so you should be able toget this case closed off quickly

[Amethyst]

I might be inclined to ring Vanquis and see what I could find out with the info I had from Lowell's claim - Vanquis under account reference XXXXXX etc.... ( if I could get through security) that way rather than just waiting for Lowell to respond.... mainly because it would bug hell out of me where this has come from.

( not ignoring your post Paul, just typed at same time... and yes this 'began to accrue arrears' is a really weird pleading - what exactly would the strike out be based on, simply no cause of action? )

[ukc331]

Strike them out, the Court of Appeal made it very clear this was an unanswerable strike out, Lowells arent the sharpest tools in the box, their pleadings are always awful so you should be able toget this case closed off quickly

Thanks both for your help.

Hi Paul, how would I go about asking for a strike out?

[ukc331]

Apologies PT2537, I don't know where I got the name 'Paul' from!!!

[Amethyst]

Sorry, that'll have been me... I'm far too over familiar

[pt2537]

Thanks both for your help.

Hi Paul, how would I go about asking for a strike out?

LOL dont worry, im glad someone actually got my name right, most people think im called Pete haha

[MIKE770]

LOL dont worry, im glad someone actually got my name right, most people think im called Pete haha

have they used Mary yet oopppssszzzooommmmm Peter/Paul ?Mary

[pt2537]

I might be inclined to ring Vanquis and see what I could find out with the info I had from Lowell's claim - Vanquis under account reference XXXXXX etc.... ( if I could get through security) that way rather than just waiting for Lowell to respond.... mainly because it would bug hell out of me where this has come from.

( not ignoring your post Paul, just typed at same time... and yes this 'began to accrue arrears' is a really weird pleading - what exactly would the strike out be based on, simply no cause of action? )

Well no default notice per Doyle means no cause of action.

Goode [46.48] is clear that a default notice must be pleaded as part of the cause of action, so the fact they havent is a problem for them

[ukc331]

LOL at least I can now see where I got the name Paul from!!

So, do I need to actually do anything further to what I've already done? I tried phoning Vanquis but 'failed' their security vetting so no answers from there.

[Amethyst]

I suppose that's expected .... The SAR might come back with nothing too if it's a mistake ... anything on credit files ? ( Noddle / clearscore / Mse Credit club are the free apps to get access to Experian / Equifax and callcredit files )