Court Claim - Lowell / Vanquis - 1-7-2015

[shaggie44]

Received a claim? Yes
Issue Date: 1-7-2015
Amount approx: 1343.56
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Vanquis

Particulars of Claim:
The claimants claim is for the sum of £1105.16, being monies dues from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Vanquis
Under Account reference 4023962110398993 and assigned to the claimant on 22/02/2013, notice of which has been given to the defendant.
The defendant failed to maintain contractual repayments under the terms of the agreement and a default notice has been served which has not been complied with.

and the claimaint claims 1105.16

The claimant also claims statutory interest pursuant 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 a maximum of 1000 amounting to 88.40

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 1-7-2015

Now you have acknowledged the claim, you need to send the CCA and CPR request letters as noted below.

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 )

CCA request to Lowell with £1 fee, CPR request to the lovely Mr Carter without any fee. Both recorded delivery so you can track them. From experience, neither will send you anything any time soon, however, it's all part of the process that needs to be followed.

You need to make sure you file a defence before the deadline, which would be 33 days from the date printed on the claim. :clock:

Once you send the CCA request, there is no need to chase that one. They are supposed to respond in 12+2 working days but they never ever do, however, non-compliance is a bar to enforcement and can be used in your defence.

The CPR request letter allows 7 days. Mr Carter won't comply with it either but you need to make the point that they should provide you with the documents you need to submit your defence. :thumb:

Any questions just shout!

[shaggie44]

Re: Court Claim - Lowell / Vanquis - 1-7-2015

Aye Aye Captain.....im walking to the post office right now.

[shaggie44]

Re: Court Claim - Lowell / Vanquis - 1-7-2015

Update:

17th Aug received a letter from Bryan carter Solicitors stating their intention to proceed with this matter. To date none have complied with my request for CCA or CPR.

25th Aug received Notice of Proposed Allocation to the Small Claims Track, this should be back by th 11th Sept.

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 1-7-2015

Update:

17th Aug received a letter from Bryan carter Solicitors stating their intention to proceed with this matter. To date none have complied with my request for CCA or CPR.

25th Aug received Notice of Proposed Allocation to the Small Claims Track, this should be back by th 11th Sept.

It's all generic stuff and part of the process, you need to complete the N180 questionnaire and return as indicated. Always a good idea to tick yes to mediation and provide details of your local court and any dates you don't expect to be available as that's where you'd have to go if it gets as far as a hearing. No need for experts or interpreters and only one witness (yourself). Any more questions just shout. :director: