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Lowell/Vanquis Claim - Please help!

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  • #16
    charitynjw In a panic now, cause I have in fact miscalculated! I sent my CPR on the 21st May but had not received a reply from Lowell till 12 June. The original CCA request I did send with £1 - I received the CCA and a print out of my transactions.

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    • #17
      So sorry I missed your previous posts - can you log in on moneyclaim ( where you filed your acknowledgment of service ) and if so does it still give you the option to file your defence ?
      #staysafestayhome

      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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      • #18
        Amethyst it still gave me the option and I have just filed! Also received another letter from Lowell that states if I don’t respond to them by 21/06/19 they will ask the court to enter a CCJ against me. So hopefully they haven’t yet!

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        • #19
          Phew - hopefully that's okay then.

          We best have a look at what they've sent you - any chance you can take a pic of the agreement ( blank out your details ) and post it up ( if using a phone pic do a screenshot before posting cause it makes the file smaller )

          it sounds like they have complied with the cca request and as it is a recent digital agreement it is likely to be compliant

          did you get a copy of the default notice when they sent docs at all or was it just the agreement ?

          #staysafestayhome

          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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          • #20
            Originally posted by Mangie18 View Post
            charitynjw In a panic now, cause I have in fact miscalculated! I sent my CPR on the 21st May but had not received a reply from Lowell till 12 June. The original CCA request I did send with £1 - I received the CCA and a print out of my transactions.
            Good news that you've now filed a defence.
            But from now on, keep a very careful note of all deadlines.
            Courts are very hot on these nowadays....it would be a shame if you lost on a procedural technicality.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

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            • #21
              charitynjw Amethyst Thank you both!

              No default notice was received, just the CCA and notice of assignment. Have attached the agreement, hope it’s legible!
              Attached Files

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              • #22
                Amethyst Hi, it seems my defence has been fully accepted! I have just received a Directions Questionnaire for mediations, what would you suggest the next steps I take?

                Many thanks for you help!

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                • #23
                  That's good news, now we just need to complete the directions questionnaire and send it back to the court and copy to the claimant. You should say yes to mediation as backup in the event they provide the rest of the documentation.

                  The credit agreement obviously is a recon, which is fine, but how are you supposed to know which tier of interest is actually applicable to Your account.
                  #staysafestayhome

                  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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                  • #24
                    Amethyst apologies, it seems what I have received is the claimants directions questionnaire, I have yet to receive one from the court. Do I wait or go ahead and print one to fill out?

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                    • #25
                      You should receive one from the court, Lowell do tend to send theirs out early. If you don't receive one by Friday, give court a call and check with them.
                      #staysafestayhome

                      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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                      • #26
                        Hi Amethyst

                        I have recently received this email, do you have any tips or what to ask during the appointment?

                        thank you
                        Attached Files

                        Comment


                        • #27
                          Amethyst Hi, any further thoughts on my previous post? Thank you so much!

                          Comment


                          • #28
                            Presumably you received a Directions Questionnaire and returned it, saying yes to mediation. So up to you, do you think you have enough information available now to mediate, do you want to mediate to try to negotiate a reduced settlement amount or arrange to pay by instalments putting the claim on hold until it's paid to avoid a CCJ ? I think the only thing missing is a default notice? ( You've had recon agreement and statements etc - notice of assignment? )
                            #staysafestayhome

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

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

                            Comment


                            • #29
                              Amethyst Hi, thanks for your reply! Yes I am missing the default notice and the original amount that was owed. Is that something I can negotiate on? I am unsure if I can settle at the moment, though if it gets them off my back I might see if I can put together something. What is the norm, usually how much can be reduced?

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                              • #30
                                Amethyst Hi, there have been further development and it seems mediation was deemed unsuitable. I have now receive the Notice of Allocation to the small claims track, please see the attached. Is it now a matter of waiting or do I need to do anything at this point?

                                thanks again for all your help!
                                Attached Files

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                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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