Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

[NotPaying]

Received a claim? Yes
Issue Date: 4-12-2015
Amount approx: 2800
Claimant: Lowell Portfolio I LTD
Solicitor: Cohen Cramer
Original Credit: Vanquis

Particulars of Claim:
The claim is for the sum of 2428.64
due by the Defendant under an agreement
regulated by the Consumer Credit Act 1974
for a Vanquis
account with an account reference of
xxxxxxxxxxxxxxxx
The Defendant failed to maintain contractual
payments required by the agreement and a
Default Notice was served under s.87(1) of
the Consumer Credit Act 1974 which has not
been complied with.
The debt was legally assigned to the
claimant on , notice of
which has been given to the defendant.
The claim includes statutory interest under
S.69 of the County Courts Act 1984 at a rate
of 8% per annum from the date of assignment
to the date of issue of these proceedings in
the sum of 194.29
The Claimant claims the sum of 2622.93

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
There was a repayment plan option with this card.
I have all the paperwork, although some online statements are missing.
I am eligible for court fee exemptions.
I have another debt with Lowells, not included and statute barred.
I regularly receive correspondence from Vanquis stating that I have been pre-selected to apply for a credit card.
The absence of an assignment date is in the claim form.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

Good afternoon Not Paying.
Not the first time recently that I've seen Vanquis offering cards to customers who have or have had defaulted accounts, could be a ploy I suppose to see if these customers are still looking for credit.
You need to send a CCA request to Lowell to see if they have or can obtain a copy of the agreement a £1 statutory fee is payable ( use a postal order endorsed " For Statutory Fee only" Lowell has 12 + 2 Working Days to comply. Use signed for post.

Next a request made under the provisions of Civil Procedure Rule 31.14 (CPR) for the documents mentioned in the Particulars of Claim i.e.

The agreement, the default notice, the notice of assignment. The date if this is of little importance at this point.

What are your thoughts on a defence against the claim

nem

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

nemesis45, thank you for your reply.

Both the CCA request and the CPR request were in the post on the 11th and signed for on the 14th (Monday).
For a defence I would really like to know the reasons behind offers to settle received earlier this year with a 40% discount then an offer with a 60% discount.
Otherwise, at the moment, wait and see what the response to the requests are.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

nemesis45, thank you for your reply.

Both the CCA request and the CPR request were in the post on the 11th and signed for on the 14th (Monday).
For a defence I would really like to know the reasons behind offers to settle received earlier this year with a 40% discount then an offer with a 60% discount.
Otherwise, at the moment, wait and see what the response to the requests are.

Good morning,

The CCA request may answer your question, Lowell may have doubts about the enforceability of the debt ( or they might just want a few quid for a Christmas Party:santa_cheesy: )

When was the account opened, and what is the default date?

nem

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

The account was opened in March 2009, the default was in July 2013.
2 letters have been received from Cohen Cramer, The first agreed to an extension of time allowed for me to prepare my defence once the documents had been received by myself.
The second letter contained their response for the request of the notice of assignment only, not the agreement or default notice.
They are copies of letters sent from both Vanquis & Lowells.

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

To be precise, the letters sent to me appear to be copies of the text, with signatures held on a word processor (or perhaps 2 word processors).
They are not on their pre-printed stationary. Could I include in my defence disputing the documents they sent as being valid, they do not contain the company registration numbers?

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

The letters they sent me should have been obtained by Cramer Cohen from their client Lowells.
One of the letters is from Vanquis sent to me after the date given for the assignment.
Should they have a copy of the Vanquis letter? Could there be a data protection issue also?

[spirit2534]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

Good afternoon Not Paying.
Not the first time recently that I've seen Vanquis offering cards to customers who have or have had defaulted accounts, could be a ploy I suppose to see if these customers are still looking for credit.
You need to send a CCA request to Lowell to see if they have or can obtain a copy of the agreement a £1 statutory fee is payable ( use a postal order endorsed " For Statutory Fee only" Lowell has 12 + 2 Working Days to comply. Use signed for post.

Next a request made under the provisions of Civil Procedure Rule 31.14 (CPR) for the documents mentioned in the Particulars of Claim i.e.

The agreement, the default notice, the notice of assignment. The date if this is of little importance at this point.

What are your thoughts on a defence against the claim

nem

It does seem that Vanquis are not alone in this practice, Capital One do exactly the same.

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

The other statute barred debt with Lowells which I mentioned was originally with Capital One.
I've had an offer of a card from them also.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

It does seem that Vanquis are not alone in this practice, Capital One do exactly the same.

It's certainly happening more and more after these companies default accounts.

nem

[MIKE770]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

have got offers in the past from cap1 then they declined so not all straight forward, seems mailshots to all and sundry. as has been reported.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

have got offers in the past from cap1 then they declined so not all straight forward, seems mailshots to all and sundry. as has been reported.

It certainly does not appear random from what I'm seeing the e-mailed offers are made using addresses supplied when the accounts were applied for,

nem

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

I now have a draft defence based on the template, any comments?

1. I received the claim [Claim Number] from the County Court Business Centre on 9 December 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. 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, when the debt was assigned, a date of assignment for the start of the claimed interest.

6. The Claimants statement of case states that the account was assigned without stating who from, to the Claimant with no date given. 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 section 87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

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

9. Cohen Cramer Solicitors has not sent me copies of the Agreement and Default Notice.
For the Notice of Assignment they have sent me 2 documents. One document appears to be a letter from Lowell Portfolio I Ltd. This document does not contain the part of the United Kingdom in which the company is registered, the company’s registered number, the address of the company’s registered office as required by The Companies (Trading Disclosures) Regulations 2008 Regulations 7(2)(a), 7(2)(b) and 7(2)(c).
The other document appears to be a letter from Vanquis Bank. This document does not contain the part of the United Kingdom in which the company is registered, the company’s registered number, the address of the company’s registered office as required by The Companies (Trading Disclosures) Regulations 2008 Regulations 7(2)(a), 7(2)(b) and 7(2)(c).

10. On the 11 December 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 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), The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to produce the Agreement and Default Notice. They have also failed to produce a lawful Notice of Assignment.

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.

[Amethyst]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

5. The particulars of claim fail to state when the agreement was entered into, when the debt was assigned, a date of assignment for the start of the claimed interest.

Is that based on the claim being for statutory interest from the date of assignment ?

For the Notice of Assignment they have sent me 2 documents. One document appears to be a letter from Lowell Portfolio I Ltd. This document does not contain the part of the United Kingdom in which the company is registered, the company’s registered number, the address of the company’s registered office as required by The Companies (Trading Disclosures) Regulations 2008 Regulations 7(2)(a), 7(2)(b) and 7(2)(c).
The other document appears to be a letter from Vanquis Bank. This document does not contain the part of the United Kingdom in which the company is registered, the company’s registered number, the address of the company’s registered office as required by The Companies (Trading Disclosures) Regulations 2008 Regulations 7(2)(a), 7(2)(b) and 7(2)(c).

Think I'd give that a paragraph number of it's own.... also do the letters appear to have been written by the assignee rather than the assignor ?

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), The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to produce the Agreement and Default Notice. They have also failed to produce a lawful Notice of Assignment.

maybe add in there ' of 28 days' etc ?

They have also failed to produce a lawful Notice of Assignment.

I'd leave that off this para, you've mentioned the issues above.


Nearly there though xxxx

[NotPaying]

Re: Court Claim - Lowell Portfolio I LTD / Vanquis - 4-12-2015

Is that based on the claim being for statutory interest from the date of assignment ?

Yes it is statutory interest.

also do the letters appear to have been written by the assignee rather than the assignor ?

The letters do appear to be on the same word processor, I suspect from the assignee Lowells.