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Lowell/Vanquis Claim - Please help!

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  • Lowell/Vanquis Claim - Please help!

    Hi all

    I have recently received a Claim form, prior to receiving this I had also received a Letter before action which I had then sent a CCA to Lowell and SAR to Vanquis. I am not sure where to go from now and this is making me extremely anxious, please see below for more information and any help will be greatly appreciated.

    Received a claim? Yes/No: Yes
    Issue Date: 09/05/2019
    Have you Acknowledged the Claim?: Not yet
    Total Amount Claimed: £500
    Claimant’s Name: Lowell Portfolio I LTD
    Solicitors Firm: Lowell Solicitors Limited
    Original Creditor: Vanquis
    Original Debt (eg. Credit card/Loan/Overdraft): Unsure if £200 or £250 credit card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference _.
    2) The defendant failed to maintain the required payments and arrears began to accrue.
    3) The Agreement was later assigned to Claimant on 29/09/2017 and notice were given to the Defendant.
    4) Despite repeated requests for payment, the sum of £400 remains due and outstanding.
    And the Claimant claims
    1. The sum of £400
    2. Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a dailt rate of £1, but limited to one year, being £30
    3. Costs

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No, last contact January 2016
    List any letters you have sent (eg: CCA/ CPR ): CCA to Lowell portfolio - Received a very brief few pages of transaction details and CCA not signed by me, think it was a digital agreement.
    SAR to Vanquis - No statements received, received Customer notes and customer transaction
    Any Other Information or Background Details:
    I took this card out just as my relationship broke down and being unable to keep up with the mounting costs of charges/late payment/overlimit everything spiralled out of control.

    Do I now need to acknowledge the claim and send out a CPR to the Claimant? And what should I expect or need next?

    Thank you in advance.
    Tags: None

  • #2
    Acknowledge Claim
    defend all tick

    Comment


    • #3
      Originally posted by MIKE770 View Post
      Acknowledge Claim
      defend all tick
      MIKE770
      Thanks, I have now acknowledged. could you advise the next steps I should take or do I require more information??

      Comment


      • #4
        First Steps
        =- read get the idea, ask help to look in for you
        CPR 31.14 Request

        Comment


        • #5
          MIKE770 Thank you, I’ve had a read and about to write the CPR 31.14. Just wanted to check if the documents I’ll be requesting will only be the agreement?

          Comment


          • #6
            Apologies, also meant Notice of Assignment. So I can only request for these two documentation?

            Comment


            • #7
              documents mentioned on the claim form only at this stage any other documents DO NOT REQUEST at this stage = comes later , less time you give them the better? Amethyst

              Comment


              • #8
                MIKE770
                Amethyst

                Thank you, but I should be prompt with my CPR 31.14 request? Following my particulars in the claim, I think I should only be requesting my Agreement and Notice of Assignment? Please correct me if I’m wrong, I’m just worried I’m working on limited time so would like to tread carefully.

                “1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference _.
                2) The defendant failed to maintain the required payments and arrears began to accrue.
                3) The Agreement was later assigned to Claimant on 29/09/2017 and notice were given to the Defendant.
                4) Despite repeated requests for payment, the sum of £400 remains due and outstanding.
                And the Claimant claims
                1. The sum of £400
                2. Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a dailt rate of £1, but limited to one year, being £30
                3. Costs“

                Comment


                • #9
                  Yes, just the agreement and notice of assignment. CPR 31.14 Request

                  I would also send a SAR to Vanquis - no default date or notice has been mentioned on the claim, thus theres no cause of action (PRA v Doyle ) so be useful to check that out a bit. Subject Access Request Letter

                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

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                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10
                    Amethyst thank you! Unfortunately I may have been to quick to move, when I receive the pre-action letter I already sent a SAR and have received it.

                    Comment


                    • #11
                      Oh good - was there a default notice or agreement in there ? Did the claimant reply to your reply to the letter of claim or just issue regardless ?
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Amethyst There was no default notice but I did receive the CC Agreement but does not state the credit amount or have a signature (I think it was a digital agreement). The claimant replied to my pre-action when I challenged it, then said they would put my account on hold for 30 days whilst the requested more information from Vanquis. I currently only have the CCA, a few pages of transaction history. And from my SAR a few pages of customer notes, and pages of transaction history.

                        Comment


                        • #13
                          Amethyst MIKE770 Hi, I have just received my CCA and notice of assignment. I believe I now have until 26th to respond to the claim and submit a defence? Is there anything else I should be aware of?

                          thank you in advance

                          Comment


                          • #14
                            Amethyst I am currently working on my defence to submit on Wednesday. Do I mention the lack on default notice?

                            Comment


                            • #15
                              Hi

                              Re the CCA request, did you include the £1 payment, & did you get proof of posting/sending?

                              What exactly did they send you in response to it?

                              If the claim issue date was 9th May, how have you calculated
                              I believe I now have until 26th [June?] to respond to the claim
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                              gets his brain a-going.
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                              The last words of John Sedgwick

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                              SHORTCUTS

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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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