Court Claim - Lowell / Vaquis - 1-10-2015

[ShavedApe]

Received a claim? Yes
Issue Date: 1-10-2015
Amount approx: 1541.02
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Vaquis

Particulars of Claim:
The claimants claim is for the sum of 1287.98 being due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Vanquis
Under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on 29/07/2010 notice of which has been given the the defendant.

The defendant failed to to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
and the claimant claims 1287.98

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 103.04

Stat Barred? Yes

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

Other Info:
The last payment I can find for this on my historic bank statements is dated 18 Sep 2009 I didn't intend to ignore this debt. I lost my job and have only recently managed to find another one.
I am slowly rebuilding my life again and I am paying any debts I have. Obviously this one was not considered a priority because its so old and I thought was statute barred a long time ago. Having researched it I can see it wasn't but is now and find it frustrating they are only now trying to revive it.

I appreciate any and all help you guys can give me on this I am working hard to rebuild my life and another CCJ would definitely make that a lot harder.

[FlamingParrot]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Received a claim? Yes
Issue Date: 1-10-2015
Amount approx: 1541.02
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Vaquis

Particulars of Claim:
The claimants claim is for the sum of 1287.98 being due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Vanquis
Under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on 29/07/2010 notice of which has been given the the defendant.

The defendant failed to to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
and the claimant claims 1287.98

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 103.04

Stat Barred? Yes

Other Info:
The last payment I can find for this on my historic bank statements is dated 18 Sep 2009

Hi and welcome to LB

We are treading a very fine line here. :decision:

If the claim was issued on the 1st of October, it would only be SBd if the cause of action had been six years earlier, i.e. on the 1st of October 2009 Vanquis had a reason to take action against you. If the payment you mention was made on the 18th of September was a contractual payment, then that wouldn't be the case as they'd have no way of knowing at that point, that you wouldn't be making any further payments, as your next payment wouldn't have been due till the 18th of October or thereabouts. :mmph:

However, if you had already defaulted on the card and the payment made in Sept 2009 was just a reduced/token/DMP payment then it would be SBd as in that case the clock would run from the last payment date. :grin:

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Honestly I have no idea if I had already defaulted or not I think the payment was me trying to clear the debt knowing I owed them money and had no doubt fallen behind at that point but as i say it was so long ago I really don't know.

If it isnt SBd is there still something I can do to fight it?

If it is SBd how do I go about proving it?

Do I need to wait for lowell and carters to get back in touch or is there something I should do in the interim?

Thank you quick reply already sorry I just come with more questions.

I just had a quick look at old statements and it looks as though I was paying £25 weekly perhaps to pay them off payments go back as far as 05/01/2009 according to noddle I opened the account 19/07/2006 or at least that's what lowell have recorded as my account start date. I am pretty sure the only reason I started paying in 2009 was because I had just started work I don't remember if I had defaulted or not by that point but I can't see any monthly payments before that date and my statements go back to october 2008

[FlamingParrot]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

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

I didn't intend to ignore this debt. I lost my job and have only recently managed to find another one.

I am slowly rebuilding my life again and I am paying any debts I have. Obviously this one was not considered a priority because its so old and I thought was statute barred a long time ago. Having researched it I can see it wasn't but is now and find it frustrating they are only now trying to revive it.

I appreciate any and all help you guys can give me on this I am working hard to rebuild my life and another CCJ would definitely make that a lot harder.

You have done all you had to do to start the ball rolling. :thumb:

We are not here to judge anyone for ignoring or not paying their debts, the main thing is trying to defend the claims as best as possible. You say you thought it was SBd a long time ago, does that mean tht payment on the 18th of September was not a contractual payment and you had defaulted earlier? That could make all the difference with regards to SBd.

Failing that, there's always a PlanB (and very often even a PlanC!). If you look around you'll find very often they just can't find the documents and end up having to discontinue the claim. ray: ray: ray:

Neither Lowell nor Carter will have any paperwork, they will be relying on Vanquis to supply it to them and if they sold the account in 2010, they'll be in no hurry to dig it up.

There is no need to chase the CCA request to Lowell but you do need to chase the CPR request to Mr Carter, although we all know what he's going to reply with, you still need to show you've followed the process.

When the time comes, you will likely submit a generic defence based around not having received any documents. If at some point down the line they were able to provide them, they'd have to be evaluated on their own merits and, if necessary, we could look at "PlanC", but it's a little early for that.

You have 33 days from the date printed on the claim to submit your defence, that should leave you with another couple of weeks. :thumb:

Out of interest, any idea when you took out this card?

[FlamingParrot]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Honestly I have no idea if I had already defaulted or not I think the payment was me trying to clear the debt knowing I owed them money and had no doubt fallen behind at that point but as i say it was so long ago I really don't know.

That's very interesting, because if that was not a contractual or minimum payment on your card and you'd already defaulted on it, then the clock would start to run from that date rather than the month after. :thumb:

If it isnt SBd is there still something I can do to fight it?

Yes, see my post above (our posts crossed), there's always a 'PlanB'. :grin:

If it is SBd how do I go about proving it?

If you submit a defence saying it's SBd the burden of proof is on THEM to SHOW it isn't, not on you to prove it is.

Do I need to wait for lowell and carters to get back in touch or is there something I should do in the interim?

Don't chase Lowell for the CCA but do chase the CPR request as noted above.

DO NOT WAIT for them to send you something before submitting your defence when it's due, apologies for 'shouting' :sorry: but we've just had someone who thought they had to wait for Lowell & Co. to provide paperwork before filing a defence, that's not the case, it still has to be filed a maximum of 33 days from date printed on the form. :typing:

Thank you quick reply already sorry I just come with more questions.

That's what we're here for and, as per my paragraph above, much better to ask questions than to draw the wrong conclusions. :thumb:

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Thank you again i did edit my earlier post with this info but I see you posted while I was doing that so here it is a again.

I just had a quick look at old statements and it looks as though I was paying £25 weekly perhaps to pay them off payments go back as far as 05/01/2009 according to noddle I opened the account 19/07/2006 or at least that's what lowell have recorded as my account start date. I am pretty sure the only reason I started paying in 2009 was because I had just started work I don't remember if I had defaulted or not by that point but I can't see any monthly payments before that date and my statements go back to october 2008

[FlamingParrot]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Thank you again i did edit my earlier post with this info but I see you posted while I was doing that so here it is a again.

I just had a quick look at old statements and it looks as though I was paying £25 weekly perhaps to pay them off payments go back as far as 05/01/2009 according to noddle I opened the account 19/07/2006 or at least that's what lowell have recorded as my account start date. I am pretty sure the only reason I started paying in 2009 was because I had just started work I don't remember if I had defaulted or not by that point but I can't see any monthly payments before that date and my statements go back to october 2008

That's all sounding very positive. Credit cards are usually paid monthly so your contractual payments are not likely to have been £25/week. If you stopped paying in 2008 then you would have defaulted at that point so technically it could be argued that the SBd clock started to run from the last payment date in Sept 2009 and not the month after. They may argue about it but bear in mind you are going by your own statements (and you are one of the few people who's kept statements that far back, not everyone does :clap2. Lowell and Co. will probably struggle to get all that info from Vanquis to argue their case so you could add SBd in your defence and leave it up to them to find all those account details. You have your statements to back up your statement that the clock should run from the last payment date because you had already defaulted and if they wanted to argue otherwise, they'd have to come up with a copy of the default notice you'd requested, which won't be easy since most companies don't retain copies. :thumb:

I just had a quick look at old statements and it looks as though I was paying £25 weekly perhaps to pay them off payments go back as far as 05/01/2009 according to noddle I opened the account 19/07/2006 or at least that's what lowell have recorded as my account start date. I am pretty sure the only reason I started paying in 2009 was because I had just started work I don't remember if I had defaulted or not by that point but I can't see any monthly payments before that date and my statements go back to october 2008

It may not be 100% accurate but it's good news because it was before April 2007 when there was a change in the Consumer Credit Act which could be relevant, depending on how you applied for the card. Was it online or via one of their mailshots?

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Pretty sure I applied online.

[FlamingParrot]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Pretty sure I applied online.

Ah, for online applications from 2005 onwards, a tick box would fulfill the role of a signature, so you're not likely to be able to raise issues regarding the terms not being present at the time you took out the card, :ohwell: however, it's still looking positive on the SBd front. :thumb:

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Received this from Carters today how should I respond please? Thanks.

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Should I be replying to this or is this enough to show the courts I have done whats required?

[Amethyst]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

You can reply with something along these lines http://www.legalbeagles.info/forums/...385#post410385 otherwise you should be sorting out your defence - something along these lines - http://www.legalbeagles.info/forums/...t-Court-Claims

[Kati]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

It's a typical Carter letter ... I wouldn't bother responding tbh, but I'm sure [MENTION=55034]nemesis45[/MENTION] or [MENTION=6]Amethyst[/MENTION] will be able to advise more

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok so here is what I have for my defence so far I have no idea if this is correct or not so any help very much appreciated.

1: I received the claim xxxxxxx from the Northampton County Court on 06/10/2015


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.


4: It is denied that the Defendant has previously entered into an agreement with Vanquis for provision of credit.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5. The particulars of claim fail to state when the agreement was entered into.


6. The Claimants statement of case states that the account was assigned from Vanquis to Lowell on 29/07/2010. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8: On the 11/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


9. Bryan Carter has not sent any of these documents to me.


10. On the 11/10/2015 I sent a formal request for a copy of the original agreement to Lowell Portfollio I LTD pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.

Should I be mentioning that I believe this to be Statute barred or is it upto them to prove it isnt regardless of if I say it is or not.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok so here is what I have for my defence so far I have no idea if this is correct or not so any help very much appreciated.



Should I be mentioning that I believe this to be Statute barred or is it upto them to prove it isnt regardless of if I say it is or not.

Before making and claim that the alleged debt is statute barred what exactly are your grounds for this claim, although the onus of proof
that the debt is not stat barred falls entirely upon the claimant a judge may well ask for your reasoning on the claim of SB.

SB in England & Wales = 6 clear years with no payment ( to any party) or unequivocal written acknowledgment of the debt.
The debt must be statute barred before the CC Claim was issued.

nem