Second Claim in a Month -Lowell/Vanquis

[Cooldog]

Received a claim? Yes
Issue Date: 22-9-2015
Amount approx: 699.62
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Vanquis

Particulars of Claim:
This claim is for 527.43 being monies due from the defendant to the claimant under an agreement reg by CCA etc between the defendant and Vanquis under acc ref …and assigned to the claimant on 15/02/2013 notice 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 complied with
And the Claimant claims 527.43
The claimant also claims statutory interest pursuant to 5.69 of the County Act 1884 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 assignment to 42.19

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have submitted a simple defence.
Request under CPR sent on 11^th October and replay from Carter ‘referring me to my own records’
They waited until the very last day to respond to my defence and have now sent a DQ which I have to return by 17^th December
I can tick the ‘mediation’ box but they are going to ask me if I have documents which I do not have.

[nemesis45]

Re: Second Claim in a Month -Lowell/Vanquis

Received a claim? Yes
Issue Date: 22-9-2015
Amount approx: 699.62
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Vanquis

Particulars of Claim:
This claim is for 527.43 being monies due from the defendant to the claimant under an agreement reg by CCA etc between the defendant and Vanquis under acc ref …and assigned to the claimant on 15/02/2013 notice 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 complied with
And the Claimant claims 527.43
The claimant also claims statutory interest pursuant to 5.69 of the County Act 1884 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 assignment to 42.19

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have submitted a simple defence.
Request under CPR sent on 11^th October and replay from Carter ‘referring me to my own records’
They waited until the very last day to respond to my defence and have now sent a DQ which I have to return by 17^th December
I can tick the ‘mediation’ box but they are going to ask me if I have documents which I do not have.

Tick the box anyway Cooldog, it just shows Carter/Lowell up if mediation can't take place because of lack of documents.

I would suggest.

Dear Mr Carter,

My request made under the provision of Civil Procedure Rule 31.14 is as you well know still applicable until the claim is allocated to the small claims track.

What I may have been " provided with by the original creditor" is of no relevance to the current situation, and I expect to receive the documents by return.

If you do not have the relevant documents to hand one must wonder how Bryan Carter LLP can draw up and issue a claim.

A report on the conduct of Bryan Carter and it's client is being forwarded to the FCA for information.

nem

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Great thanks - I will send with the copy of DQ. I went down the FCA route with Turnbull and HFO with some success. Cannot believe Carter is still doing this and when I spoke to the Mediation Service about the other claim, they seemed to know all about them!

[nemesis45]

Re: Second Claim in a Month -Lowell/Vanquis

Great thanks - I will send with the copy of DQ. I went down the FCA route with Turnbull and HFO with some success. Cannot believe Carter is still doing this and when I spoke to the Mediation Service about the other claim, they seemed to know all about them!

You are right Carters reputation is well known I take every opportunity possible to report his conduct.

nem

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

I can only think that due to the evidence on this and other forums, Carter/Lowell are issuing all these claims to:

1 Obtain default judgement (which they must do as many ignore these due to fear of the legal process) and it looks like the next step is to start sending bailiffs' letters.
2 If you do defend, they start sending letters saying that you don't know what you are doing and to seek Legal Advice (where? CAB have no funds) or ring their 'friendly advisers' (intimidation).

Issuing claims must be cheaper (they do pay a fee) than paying someone in a call centre to ring people. I know in my case that they probably do not have a phone number anyway.

Carter used to be the king of issuing 'split claims' basically just getting a CCJ for their fees only but that got challenged many times.

Anything we can do to fight this Lowell Business Model needs to done IMO

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Update. I sent Carter the response to the Civil Procedure Rule 31.14 response they sent to me previously and a CCA request to Lowell in mid December and nothing received by way of a reply since then from either of them.
The Court hearing is set for mid April so assume that I need to submit a WS by end of March?
Can I again request your help on this
Many thanks

[nemesis45]

Re: Second Claim in a Month -Lowell/Vanquis

Update. I sent Carter the response to the Civil Procedure Rule 31.14 response they sent to me previously and a CCA request to Lowell in mid December and nothing received by way of a reply since then from either of them.
The Court hearing is set for mid April so assume that I need to submit a WS by end of March?
Can I again request your help on this
Many thanks

Hello Cooldog,

Lowell has recalled quite a few claims for the grubby hands of Carter in favour of their In house solicitors so imaginatively known as Lowell Solicitors who seem equally as useless as Carter .

Already we have seen one claim where Lowell is seeking an extension just days before a trail because the claim was recalled in this way.

You don't want to chase the CCA request as you know they cannot enforce without the agreement.

WS and disclosure at least 14 days before hearing date.

nem

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Yes - end of March is the date I have in mind

[nemesis45]

Re: Second Claim in a Month -Lowell/Vanquis

Yes - end of March is the date I have in mind

Yep fine beware the Easter hols the timescale is calendar days.

nem

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Noted

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Hi

I think that I need to get the WS to the court by Thursday if not tomorrow. Still heard nothing from BC or Lowell

Sorry I have not been very well - still not great but should be able to do this

[Kati]

Re: Second Claim in a Month -Lowell/Vanquis

Hi

I think that I need to get the WS to the court by Thursday if not tomorrow. Still heard nothing from BC or Lowell

Sorry I have not been very well - still not great but should be able to do this

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=2]Celestine[/MENTION] :help: xx

[nemesis45]

Re: Second Claim in a Month -Lowell/Vanquis

Hi

I think that I need to get the WS to the court by Thursday if not tomorrow. Still heard nothing from BC or Lowell

Sorry I have not been very well - still not great but should be able to do this

Hello Cooldog, hope you are feeling better!

Well no response from BC is not surprising poor old Bryan seems to have been dumped by Lowell in favour of Lowell Solicitors Ltd. No notice of change of sols?

No WS from them is good news.

If you can put a rough draft together an post it I can go through it will you.

As you know it's your statement to support your defence.

nem

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Draft WS

IN THE ************* COUNTY COURT
Claim No. ***********

BETWEEN:
Claimant
Lowell Portfolio Limited

AND
Defendant
****************

_________________________________

WITNESS STATEMENT OF **************
_________________________________



I ***************, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the **** September 2015, I received a claims form from the County Court Business Centre, Northampton, for the amount of £*******.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

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

4. On 11th Oct 2015I I made a formal written request to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

5. On **** Oct 2015 the Claimants solicitors replied [EXHIBIT B] to my written request without the requested documents.
6. On **** December 2015 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT C].

7. On **** December20 15 , I contacted the Claimants solicitors [EXHIBIT D) and repeated my request for copies of documents pursuant to CPR 31.14.

8. I have not received a reply to my letters in points 6. Or 7. Above or any of the documents mentioned in the claimants claim form.

9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

The Claimants pleaded case is that the Defendant entered into an agreement with ********** under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have may have had products with *********** in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant and statements to be able to accurately identify to what the claim refers.

Statement of Truth

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

************************************************** *******************************************

[Cooldog]

Re: Second Claim in a Month -Lowell/Vanquis

Update - I have 'bit the bullet' with this, tidied it up and attached the Exhibits - took it down to the Court this PM and sent a copy by post to Carter. Let us see what happens... just wanted to get it out of the way.