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Lowell v Andy77

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  • Lowell v Andy77

    Issue Date: 26th April 2019
    Amount approx: £1100
    Claimant: Lowell
    Solicitor: Lowell Solicitors
    Original Creditor: Provident

    The claimant entered into a consumer credit act 1974 regulated agreement with Provident in 2009 which was subsequently assigned to Vanquis Bank under account no ******* (the agreement).

    The defendant failed to maintain the required payments and the agreement was terminated

    The agreement was subject to further assignment to the claimant in 2016 and notice was given.

    The sum of £950 remains due and outstanding.

    The claimant claims the £929, interest pursuant to s69 country courts act 1954 to the date of issue. Costs


    --------------------------------------------------------------------



    Hi,

    Something I'd completely forgotten about if truth be told swept under the carpet til now.

    I acknowledged the claim on line on 2nd May 2019 with the intention to defend.

    I then sent CCA and CPR requests on the same day.

    The solicitors have responded with their copy of a notice of assignment. Their response is below in bold. I have absolutly nothing from Vanquis in my records in relation to this and can't even remember making a payment on it in 2014 so I'd have to check my bank statements on that.



    Dear Andy 77

    The matter relates to a Provident account opened in 2009, the last payment was made in Nov 2014 and the account defaulted in April 2015.

    A copy of the notice of assignement has been enclosed. We have asked our client to provide a copy of the agreement and we will contact you once we have received a response.

    A claim was issued to you on 26th April 2019 that you should respond to. If you are admitting the claim or would like to pay by installments then our team are available to complete an admission form with you. If you are rwsponding in any other way then you should do so as directed by the form.

    Failure to respond to the claim within the timescales et by the court may result in a judgement being entered against you.

    If you wish to speak to us please call.....

    Yours sincerely.

    ----------------------------------------



    I'll file my defense on friday 24th May. as of yet I have had no response from Lowell with a credit agreement, although in the meantime I am unsure what defense to state.
    Last edited by Andy77; 20th May 2019, 19:47:PM.
    Tags: None

  • #2
    It’s now been almost 4 weeks since the claim was served and 3 weeks since I sent the CCA and CPR requests off. As of yet I have received nothing in regards to the credit agreement from Lowell’s.

    With that in mind and with the deadline for defence looming, is it enough to say that I’ve requested all the information regarding this account (which I hold no details of ) and as of yet I have received nothing to assess my position on it?

    They say a payment was made to a previous DCA 5 years ago, do they have to prove the dates of any payments made?

    Comment


    • #3
      your defence would state requested documents == etc etc etc on such a date to date no response and request remain out standing, do not chase them they know the rules, further down the line they no doubt thru you and guidance have to supply before a court appearance so do not chase them for now, longer they have to find the better

      Comment


      • #4
        Filed my defence yesterday stating that I’d sent off cca and cpr requests and that information was still outstanding.

        Comment


        • #5
          await next court instructions, come back when you hear from them or Lowells, look around lowells sites on here you will see a pattern they work to

          Comment


          • #6
            Got my response from the court telling me they’d be sending my defence to the claimant and they have 28 days to respond otherwise the claim would be stayed.

            Comment


            • #7
              await next instruction from the court, if you hear nothing after say 36 days ring the court and ask situation of claim? do not contact Lowells unless advised on here to do so

              Comment


              • #8
                Today I received notice of proposed allocation to the small claims track from the court business centre. They have also enclosed form N180 to complete and file by the 17th July.

                Also so I have received no credit agreement from Lowell’s regarding my request for information on this debt.

                Comment

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