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Received 2 court claims this week

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  • Received 2 court claims this week

    Hello, I have received 2 court claims against me, one from Lowell (Vanquis debt) and one from Drydens for Newday debt.*
    For the Vanquis claim, I have acknowledged claim with intention to admit part of the claim. I also sent SAR to Vanquis. But I have no clue what can be used for the defense.*
    After reading here and there, I found out that it is possible to complain about irresponsible lending to Vanquis. So I was wondering can I use this in the defense when admitting part of the amount? Writing something like, that I intend to complain to Vanquis about irresponsible lending and that if won, there is a possibility that the amount Lowell wishes to claim might be lower.*
    Also this debt was with Lowell for the last 5 years and they have offered me partial settlement many times. I have accepted once, but they wanted me to pay either in full or in 3 installments, which I couldn't do at a time, so I continued paying £5, then I couldn't pay even that and stopped paying completely. Could the partial settlement offers be used as admittance to partial debt amount in defense?*
    Lowell also added some interest to the debt (interest pursuant to s69), can I challenge this? I mean they had my debt for 5 years, why do they want interest? Does it suddenly cost them money to have this debt? If I understand correctly, they have bought this debt from Vanquis for much less and now they want to make even more money from the person who can't pay?
    Is there a point to contact Lowell at this point and offer them some sort of payment? I can only offer £1 since I have no money and I am falling behind my rent. It's actually illogical for me to offer even that, since rent is a priority, but in those N forms that is what I am going to write.*
    If ccj was ordered and £1 accepted could I re-negotiate settlement amount in the future with Lowell. Say I had money and wanted to pay lump amount, but less than the court had ordered?*

    Regarding Newday debt, I think this was Debenhams card. If I admit full amount, does that mean court will order to pay the same amount even based on my low income?*
    Tags: None

  • #2
    One more thing, I have read here on forum, that it is a good idea to ask for CCA, as my Vanquis acc was opened in 2010 and newday I think in 2009, so decade later there is a chance they may have difficulty producing CCA. Should I also ask for everything else mentioned in particulars of claim?

    Comment


    • #3
      You haven't stated how much each debt is for?

      Comment


      • #4
        application on line was it?

        Comment


        • #5
          Originally posted by GBExile View Post
          You haven't stated how much each debt is for?
          Vanquis £2600 in particulars claim, but total amount with fees, rep costs ~£3000. Newday £662, with added fees £792. I have applied for court fees help already.*

          Comment


          • #6
            Originally posted by MIKE770 View Post
            application on line was it?
            I can't remember. Debenhams might have been in store. And Vanquis either online or paper. I can't even remember what was initial credit amounts, both* acc were opened decade ago. I haven't saved any papers.*

            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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