Court Claim - Lowell / Vanquis - 25-6-2015

[danhussain]

Received a claim? Yes
Issue Date: 25-6-2015
Amount approx: 510
Claimant: Lowell
Solicitor: Bryan Carter Solicitors
Original Credit: Vanquis

Particulars of Claim:
The claimant claim is for the sum of 392.29, being monies due from the defendant to the claimiant under an agreement regulated by the consumer credit act 1974 between the defendant and vanquis under acc reference 4023962105788075 and assigned to claimant on 02/09/2011 notifce of which has been given to the defendant.
the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been compiled with and the claimaint claims 392.29

the claimaint also claims statutory interst puruant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and maximum of 1000 amounting to 31.39

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:


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please confirm letters for cca and cpr and how i make the payments? and how are they sent

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approx 6-7 years ago 2009, i had a credit card from vanquis, living in london, i then lost my job and was unable to make any repayments. since i moved back home got married had kids and purchased a property 14 months ago.

fastforward on saturday 27th June 2015 i recieved a county claim form from bryan carter solictors on behalf of Lowell PLC for a vanquis debt which has the account reference with the assigned to claimaint date being 02/09/2011

now i beleive strongly that this is 6 years old this month and therefore statute barred and want some advice help on how to defend my case and not get a ccj.,

i have logged onto the MCOL website and carried out an AOS Your acknowledgment of service was submitted on 29/06/2015 at 12:31:45 i bellieve this extends the period from 14 days to 33 days (can someone confirm what date that gives me)

i have drafted a letter to post out

[Kati]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

Hi, welcome to LB ... you'll find all the templates you need following the links below:

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

You will get lots of help and advice from the knowledgeable Beagles xx

[danhussain]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

this is the letter i have sent both bryancarter and lowell

REQUEST FOR INFORMATION IN RESPECT OF YOUR COUNTY COURT CLAIM NUMBER B8AQ22R2

In respect of your account number XXXXXXXXXXX and ref: XXXXXXX

I have received a recent court claim from your organisation. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HFC Bank Ltd.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

4. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.

Yours sincerely,

typed my name

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do i need to send just a £1 postal order to the lowells

[danhussain]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

after sending off cpr requests to both bryan carter and lowell i have recieved the following

some help on my next actions would be useful

[nemesis45]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

Yes £1 statutory fee to Lowell for CCA request us a cheque or
Postal Order endorsed " For Statutory Fee Only".

nem

[danhussain]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

this was sent with my original letters and the attachments are what i have recieved lowell are saying frederickson internatinal are dealing with this

[nemesis45]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

after sending off cpr requests to both bryan carter and lowell i have recieved the following

some help on my next actions would be useful

The replies you have received are what I would expect in regard to the letter you sent, it is a "small claim " matter.

Lowell has appointed it's " sister" company to act for it in this case a CCA request can be sent to Freds or to Lowell £1 fee payable.

The simple CPR 31.14 request to Carter No Fee is more appropriate until the claim is allocated to a track.

Use a cheque or Postal Order endorsed " For Statutory Fee Only" foe the £1 fee, the time scale or compliance is 12 + 2 Working Days.

Best to Keep it Simple don't get embroiled in loads unnecessary parts of CCA 1974 etc., it'll just complicate matters for you.!!

nem

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

after sending off cpr requests to both bryan carter and lowell i have recieved the following

some help on my next actions would be useful

For once I have to agree with Mr Carter (sorry! ) and that doesn't happen very often. :mmph: If he is referring to the letter on post #3 above, that letter does not meet the requirements of a Part 18 request and it's not in the proper format either, for a start it doesn't say it's a Part 18 request and the wording seems to be more like a SAR for all data held about you, it even mentions the Data Protection Act. :noidea: I assume that was copied from another website (I think I've seen it before on here, but no idea which site it came from). :confused2: That's the problem with the internet, so much information out there and not all of it accurate.

For reference, the requirements for a Part 18 request are set out here: https://www.justice.gov.uk/courts/pr...rt18/pd_part18

1.2 A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case
he has to meet.
1.3 Requests must be made as far as possible in a single comprehensive document and not piecemeal.
1.4 A Request may be made by letter if the text of the Request is brief and the reply is likely to be brief; otherwise the Request should be made in a separate document.
1.5 If a Request is made in a letter, the letter should, in order to distinguish it from any other that might routinely be written in the course of a case,
(1) state that it contains a Request made under Part 18, and
(2) deal with no matters other than the Request.

Did you also send the more standard request under CPR 31.14 for documents mentioned in the particulars of claim?

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

If you haven't sent it, it would be a good idea to send it now. :typing:

If you've already sent a CCA request, there's no need so chase it or send another one. Lowell and Freds are one and the same and either/both has/have to go back to Vanquis to obtain it anyway.

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this was sent with my original letters and the attachments are what i have received lowell are saying frederickson internatinal are dealing with this

That's fine, they are all part of the same group and neither has the agreement, they need to ask Vanquis for it.

If they can't produce it, they can't enforce the debt as long as they are in default of your request, whether they call themselves Lowell or Fredrickson. :thumb:

[danhussain]

Re: Court Claim - Lowell / Vanquis - 25-6-2015

For once I have to agree with Mr Carter (sorry! ) and that doesn't happen very often. :mmph: If he is referring to the letter on post #3 above, that letter does not meet the requirements of a Part 18 request and it's not in the proper format either, for a start it doesn't say it's a Part 18 request and the wording seems to be more like a SAR for all data held about you, it even mentions the Data Protection Act. :noidea: I assume that was copied from another website (I think I've seen it before on here, but no idea which site it came from). :confused2: That's the problem with the internet, so much information out there and not all of it accurate.

For reference, the requirements for a Part 18 request are set out here: https://www.justice.gov.uk/courts/pr...rt18/pd_part18



Did you also send the more standard request under CPR 31.14 for documents mentioned in the particulars of claim?


If you haven't sent it, it would be a good idea to send it now. :typing:

If you've already sent a CCA request, there's no need so chase it or send another one. Lowell and Freds are one and the same and either/both has/have to go back to Vanquis to obtain it anyway.

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That's fine, they are all part of the same group and neither has the agreement, they need to ask Vanquis for it.

If they can't produce it, they can't enforce the debt as long as they are in default of your request, whether they call themselves Lowell or Fredrickson. :thumb:

i have re done the CPR which i will resend to bryan carter solictors today

thanks for your help