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Hi guy's I hope you can help.
Basically Lowell Portfolio LTd are trying to take me to court over a claimed debt to Vanquis.
The Particulars of the claim state:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference 4xxxxxxxxxxxxxxx ('the Agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the Claimant on 31/03/2015 and notice given to the Defendant.
4) Despite repated requests for payment, the sum of £3,636.23 remains due and outstanding.
And the Claimant claims
a) The sum of £3,636,23
b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% prt annum from the date of assignment to the date of issue, accruing at a daily rate of £0.797, but limited to one year, being £262.21.
c) Costs
I've never had a CCJ before and didn't know how best to respond.
I did once several year's ago at a previous property have a vanquis card with a limit of £1000. Because interest was high I acutally borrowed £1000 from a family member (and paid them back monthly), paid off the card in one lump sum, cut up the card and wrote a letter asking them to cancel said card. I then moved to a new property and did not give it another thought.
They are claiming a total ammount of £4163.44, even if I owed on that card still (which I do not) thats over 4 times what my original credit limit was.
Then in May 2014 I got letter's from Morecroft asking for money for the vanquis card. I called vanquis up was basically told there they can see the credit applied to my account but then there was activity after this on the account. I was most upset at this and tried to complain and was told speak to morecorft.
So I then did this and eventually after much back and fourth got a letter from them saying that they be taking it no further and I thought that was the issue done with.
In the last few month's I have some letters from Lowel asking for money from vanquis I guessed they had taken it from morecroft but I will be honest I just binned them. We have just been dealing with the death of the family member that I borrowed the original money from, and another family member with prostate cancer. I didn't have time for what I saw to be time wasters asking for money I don't owe.
I am the sole wage earner of a family of 4, money is beyond tight but we are just keeping our heads above water and keeping out of debt, hell last month we litterally didn't have enough money to buy a loaf of bread left between us and just made it through until payday. The kids don't go without however me and my parterner don't spend on ourselves, we don't smoke or drink, never go out. Instead we try to give our children the best we can and make ends meet.
When I got this letter I immediately sent a CPR18 request to Lowell and acknoledged the claim, Lowell did not respond at first and the deadline for filing a defence was due so I filled a defence stating the I deny the claim in its entirty and that CCA and CRP18 requests for information have not been complied with. The same day I filed this defence Lowell wrote to me saying the recived my request and woud try to get the documents requested (to this day no documents have been provided).
So the date of actions so far since reciving the claim have been:
A claim was issued against you on 24/02/2016
Your acknowledgment of service was submitted on 04/03/2016 at 18:05:09
Your acknowledgment of service was received on 07/03/2016 at 01:02:40
Your defence was submitted on 31/03/2016 at 14:10:58
Your defence was received on 31/03/2016 at 16:01:43
I had a letter from the court stating my defence had been sent onto Lowell, its been over 28 days so the claim should automatically be stayed but that from my understanding does not mean its been settled.
I 100% belive that the claim is without merit and at no point in trying to get this dealt with between morecroft / lowell has any documentation/evidence or proof that I actually owe anything been provided.
Any help or advice would be greatly appreciated.
Basically Lowell Portfolio LTd are trying to take me to court over a claimed debt to Vanquis.
The Particulars of the claim state:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference 4xxxxxxxxxxxxxxx ('the Agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the Claimant on 31/03/2015 and notice given to the Defendant.
4) Despite repated requests for payment, the sum of £3,636.23 remains due and outstanding.
And the Claimant claims
a) The sum of £3,636,23
b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% prt annum from the date of assignment to the date of issue, accruing at a daily rate of £0.797, but limited to one year, being £262.21.
c) Costs
I've never had a CCJ before and didn't know how best to respond.
I did once several year's ago at a previous property have a vanquis card with a limit of £1000. Because interest was high I acutally borrowed £1000 from a family member (and paid them back monthly), paid off the card in one lump sum, cut up the card and wrote a letter asking them to cancel said card. I then moved to a new property and did not give it another thought.
They are claiming a total ammount of £4163.44, even if I owed on that card still (which I do not) thats over 4 times what my original credit limit was.
Then in May 2014 I got letter's from Morecroft asking for money for the vanquis card. I called vanquis up was basically told there they can see the credit applied to my account but then there was activity after this on the account. I was most upset at this and tried to complain and was told speak to morecorft.
So I then did this and eventually after much back and fourth got a letter from them saying that they be taking it no further and I thought that was the issue done with.
In the last few month's I have some letters from Lowel asking for money from vanquis I guessed they had taken it from morecroft but I will be honest I just binned them. We have just been dealing with the death of the family member that I borrowed the original money from, and another family member with prostate cancer. I didn't have time for what I saw to be time wasters asking for money I don't owe.
I am the sole wage earner of a family of 4, money is beyond tight but we are just keeping our heads above water and keeping out of debt, hell last month we litterally didn't have enough money to buy a loaf of bread left between us and just made it through until payday. The kids don't go without however me and my parterner don't spend on ourselves, we don't smoke or drink, never go out. Instead we try to give our children the best we can and make ends meet.
When I got this letter I immediately sent a CPR18 request to Lowell and acknoledged the claim, Lowell did not respond at first and the deadline for filing a defence was due so I filled a defence stating the I deny the claim in its entirty and that CCA and CRP18 requests for information have not been complied with. The same day I filed this defence Lowell wrote to me saying the recived my request and woud try to get the documents requested (to this day no documents have been provided).
So the date of actions so far since reciving the claim have been:
A claim was issued against you on 24/02/2016
Your acknowledgment of service was submitted on 04/03/2016 at 18:05:09
Your acknowledgment of service was received on 07/03/2016 at 01:02:40
Your defence was submitted on 31/03/2016 at 14:10:58
Your defence was received on 31/03/2016 at 16:01:43
I had a letter from the court stating my defence had been sent onto Lowell, its been over 28 days so the claim should automatically be stayed but that from my understanding does not mean its been settled.
I 100% belive that the claim is without merit and at no point in trying to get this dealt with between morecroft / lowell has any documentation/evidence or proof that I actually owe anything been provided.
Any help or advice would be greatly appreciated.
