Lowell - Hearing in a couple of weeks

[saccadic]

Hi,

I have an ongoing claim for a CCA (Vanquis) which defaulted in 2017.

I have followed the process on here and phoned the courts on the 19/06 to be told it had been struck out. I went on holiday for a week and came back to a Tomlin Order and a Witness Statement. The court confirmed that the hearing is reinstated for the 1x/08 - which I now can't attend. I told the court this which they replied I would have to negotiate with claimant for a charge of £100, if not £255.

My head is now spinning and I am struggling to sleep and concentrate so I would really appreciate some advice on what to next.

Particulars of the claim:

1. defendant entered into CCA (the agreement)
2. failed to maintain required payments and arrears began
3. Agreement was later assigned to the claimant and notice given.
4. Despite repeated requests amount of £xk is still outstanding.
5. Claimant claim of sum, interests and costs.

I sent a SAR not to OC but to Lowell as to see what information they had and what the actual cost of the debt was (is they didn't provide as business sensitive). The SAR did include lists of calls made, NoA, Notice of Action, but didn't include CCA or Default notice - on the back of that I would have been happy going to court.

I sent the CCA and CPR letter as the beginning of April with no response, but now the WS has the CCA and default which was sent to me last week.

Edit: I declined mediation as I did not have enough details.

Where do I stand here, what are my options?

[Amethyst]

Why was it struck out then reinstated ? Did you get any copy of an application from the claimant for relief from sanctions ?

What does the default notice say ? How long does it give to pay the arrears ? Was it sent by the original creditor?

Also what are the terms of the Tomlin order? Have they put a monthly instalment amount?

[saccadic]

Hi Amethyst,

It was struck out due to non payment of fees to proceed but upon review the courts had received the payment in time, so reinstated.

I didn't' get a copy from the claimant for relief of sanctions and not entirely sure what one is.

Default Notice under S 87(1) from OC. Specifies until the 04/03 to make minimum payment (letter dated 07/02). If payment not made agreement will be terminate and immediate payment due, if necessary taking appropriate court action. Details if having difficulty making payment etc. That the notice should contain copy of current financial conduct authority information
sheet on default - which I don't see.

[Amethyst]

Okay if it was an error on the court's part it might have been unstruck off the court's own accord rather than by application.

DN - Sounds likely to be compliant. What year was the default ?

Agreement is correct and includes all the terms ?

Notice of assignment from vanquis to the claimant company.

What are the Tomlin order terms ?

[saccadic]

Hi,



Default was 2017

Agreement is all there including terms

Notice of assignment from Vanquis to claimant is present.

Tomlin is full sum plus fees, costs and interest., further procedding to be stayed, liberty to apply to the court, there be no order as to costs.

Frustrating that they only have sent over this information now, when they have ignoring my original request, are they not in breach for that?

If the Tomlin order is not fully repaid after the 6 months of the CCJ what happens then, does it need to be repaid in that time?

[saccadic]

I've got until this Wednesday to compile and present my witness statement, so going to work on that in the meantime, and as for getting work off now... =/

[saccadic]

Any thoughts, I've got until tomorrow to send my statement off, anything that might help?