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

[Amethyst]

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

I'd possibly mention that over and above the companies trading disclosure regulations xx Both copy letters appear to have been sent from the same address? or something like that.

On the statutory interest side, yes they can only ask for it initially from when they took over the debt, but the letters?? should be dated ( if they aren't say so) and the assignment letters do primarily evidence ( or not in this case) that the claimant holds the legal right to claim against you for this debt.

[NotPaying]

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

The two letters they sent are dated, with the same date which is 26 December 2013 - Boxing Day.

[nemesis45]

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

It is common for creditors to authorise a debt purchaser ( Especially if the DP has acquired a portfolio of debts from one creditor) to
send notices of assignment on their behalf and often they are sent in the same envelope.

nem

[MIKE770]

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

It is common for creditors to authorise a debt purchaser ( Especially if the DP has acquired a portfolio of debts from one creditor) to
send notices of assignment on their behalf and often they are sent in the same envelope.

nem

This has been the case for quite a while now. It is allowed.

[NotPaying]

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

My defence, slightly amended, has now been submitted through Money Claim Online.

[nemesis45]

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

My defence, slightly amended, has now been submitted through Money Claim Online.

Excellent NP,

The court will pass the defence to the claimant who then has 28 days to respond.

nem

[NotPaying]

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

There's now been a change of solicitor, and I've received a N149A Notice of Proposed Allocation to the Small Claims Track.
Still no response to the CCA request and no more documents from the CPR request.
Should I just return the N160 or go for a strike out as well? (With fee exemption).

[NotPaying]

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

Time for an update.
I received the documents from the CPR request.

I've also received a N24 General Form of Judgemnet or Order from the County Court.

The main part is

IT IS ORDERED THAT

1) A Preliminary Hearing is requiredto enable the Court to consider the directions which need to be made in this case because the Judge considers that special directions may be needed to ensure a fair hearing and it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions.

2) In particular, the particulars of claim endorsed on the claim form are wholly inadequate to support the claim made and are likely to be struck out. The Claimant is likely to be given time to file amended particulars provided it produces to the Defendant and to the Court a draft of rules compliantparticulars of claim, together with copies of:

a) the original agreement said to have been made between the Claimant's predessor and the Defendant:

b) statements for the last three months of active use for the account relating to the agreement:

c) the assignment of this alleged debt to the Claimant:

d) the notice of assignment of the debt said to have been served upon the Defendant.


The Preliminary Hearing is next month in May.
Any comments?

[NotPaying]

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

The court fee for the hearing was paid by Lowell's solicitor. The hearing was today but nobody showed up from Lowells. Case dismissed with Lowells to pay £12 costs.

[MIKE770]

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

well done

[nemesis45]

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

The court fee for the hearing was paid by Lowell's solicitor. The hearing was today but nobody showed up from Lowells. Case dismissed with Lowells to pay £12 costs.

Hello NP.

That's a great result Lowell Solicitors fail again.

Well done!!

nem

[MIKE770]

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

https://youtu.be/NeMrttj8Ucg