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Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

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  • Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

    Received a claim? Yes
    Issue Date: 5-12-2014
    Amount approx: 800
    Claimant: Lowell Portfolio 1 Ltd
    Solicitor: BW Legal
    Original Credit: Vanquis Bank Ltd

    Particulars of Claim:
    The Claimant's Claim is for the sum of 800.00 being monies due from the defendant to the claimant under a financial services agreement regulated by the consumer credit act 1974 between the defendant and Vanquis Bank Limited under account reference xxxxxxxx and assigned to the claimant on 9/04/14 notice of which has been given to the defendant.

    The defendant failed to maintain the contractural payment under the terms of the agreement and a default notice has been served and not complied with.

    The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.15 from the date of assignment of the agreement to 30/11/2014 being an amount of 35.40.


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    Claim received 8th December 2014.

    AOS filed online on the 16th December 2014.

    CCA request sent to lowells 16th December 2014 (not sent recorded)

    CPR 31.14 sent to BW legal 16th December 2014 (not sent recorded)


    No response from Lowells or BW legal, defence needs to be filed on or before 7th January what should I be doing?

    Many Thanks in advance.
    Last edited by azureblue; 6th January 2015, 14:33:PM.
    Tags: None

  • #2
    Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

    Welcome to LB and a Happy New Year

    Originally posted by azureblue View Post
    Claim received 8th December 2014.

    AOS filed online on the 16th December 2014.

    CCA request sent to lowells 16th December 2014 (not sent recorded)

    CPR 31.14 sent to BW legal 16th December 2014 (not sent recorded)

    No response from Lowells or BW legal, defence needs to be filed on or before 7th January what should I be doing?
    I'd be asking BW Legal for a 28 day extension to submit a defence, as allowed under CPR 15.5. You could do that over the phone and ask them to send you an email which you can forward to the court. :typing:

    No need to chase the CCA request.

    When did you take out the Vanquis card?

    Comment


    • #3
      Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

      Happy New Year to you also. Thanks for the quick reply.

      I will call BW Legal and ask for the extension.

      Vanquis Card was taken out online in Oct 2012.

      Comment


      • #4
        Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

        Originally posted by azureblue View Post
        Happy New Year to you also. Thanks for the quick reply.

        I will call BW Legal and ask for the extension.

        Vanquis Card was taken out online in Oct 2012.
        Have you got any grounds to dispute this account?

        As this is a very recent online application, the CCA arguments often used to defend claims for older credit products may not be applicable to such a recent account.

        Comment


        • #5
          Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

          No grounds. Other than I dont like just rolling over for companies such as Lowell and BW legal. (plus they have 3 or 4 of my accounts in total, am worried that one succesful claim will lead to more court claims.)

          Should I have used a different argument?

          Comment


          • #6
            Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

            Can anyone help with this any further with this.

            I have never received any responce to my CCA or CPR 31.14 requests. I did agree an extension which expires in the next few days.

            Can I apply to the court to have the case dismissed on the grounds that the claimant/representative have failed to provide information on which my defence relies upon?

            Comment


            • #7
              Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

              Can anyone offer any advice? I need to address this and dont know which way to turn.

              Comment


              • #8
                Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

                Hearing for this case is due to be heard this week. As I dont have much of a defence and I am unable to attend the hearing, can any one help me with a suitably worded letter to make a settlement offer?

                Comment


                • #9
                  Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

                  You may want to look at this thread: http://www.legalbeagles.info/forums/...stions-success

                  Comment


                  • #10
                    Re: Court Claim - Lowell Portfolio 1 Ltd / Vanquis Bank Ltd - 5-12-2014

                    Thanks

                    dou you think that the following would be suitable?

                    Dear Sirs
                    Ref: xxxxxxxx
                    I write regarding the outstanding balance on the above account and wish to make an offer to resolve that will suitably please both parties.

                    I can confirm that I am unable to offer to pay the money which I owe in full, however I am able to raise £XXX and wish to offer this as an ex-gratia payment in full and final settlement of the account. These funds will only be available to me for a period of xxx days / until xx/xx/2014. The offer is made on the understanding that, if accepted, neither you nor any other company will take any further action to pursue or enforce this debt in any way whatsoever and that I will be released from any liability with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

                    Payment can be made within xx days of receiving your written agreement of this offer. Please write back and confirm if you're interested in my offer then I'll come back to you.

                    I look forward to your response.
                    Yours faithfully,

                    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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