Lowell have issued court clain

[natters67]

Issue Date: 22/07/16
Amount approx: £2500.00
Claimant: Lowell Portfolio
Solicitor: Lowell Solicitors LTD
Original Creditor: Vanquis
Particulars of Claim:

1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXXXXXXXXXXXXXX (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 repeated requests for payment the sum of £ remains due and outstanding.

And the Claimant claims
a) The said sum of £
b) Interest pursuant to s69 County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, limited to one year being £
c) Costs

Is the debt Statute Barred? No
List any letters you have sent:

CPR 31.14 Request and copy of CCA request to solicitors

CCA request to Lowell Portfolio

Any Other Info:

Have responded to the claim.

Recieved a letter today from the solicitors stating:

We refer to your recent correspondence received at our offices.

A request has been sent to the original creditor for a copy of the credit agreement and default notice. These will be forwarded to you on receipt.

With respect to the deed of assignment this is an agreement between our client and the original creditor containing confidential information therefore our client will not be providing you with a copy of it as you are not entitled to the information contained in it.

No further agreements/contracts exist between you and our client.

We will not respond to any further correspondence from you raising the above issues.

We have placed your account on hold to allow time for the documents requested to be received. We will be in contact with you shortly.

Yours etc



So where do I co from here? - Do I put in the defence as I haven't received the documents?

[charitynjw]

Re: Lowell have issued court clain

Hi natters67 & welcome to LB.

Did you ask the solicitors for the Notice of Assignment? (CPR request).

You should have until 33 days from the court claim issue date (24th Aug?) to submit your defence.

As you have not yet received any documentation, see the defence template at the top of this thread; tweak it to suit.

As it appears to be a credit card issue, s78 CCA is applicable.

[natters67]

Re: Lowell have issued court clain

Thanks for replying - yes I did - this is the letter I sent:


Request for documents mentioned in a statement of case under CPR 31.14

On 25/07/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence on 23/08/2016.
1. Consumer Credit Agreement
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial.
Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 01/08/ 2016.

I look forward to hearing from you.

Yours sincerely

[charitynjw]

Re: Lowell have issued court clain

Re the letter you received today from the solicitors.
They have an ongoing duty to disclose any information throughout the entire court process; stating that they refuse further correspondence is bunkum.
Write back & inform them that it is the Notice of Assignment which you require, not the Deed. (Unless you want the Deed as well).
Again, keep a file copy, & get proof of posting.
& keep that solicitor's letter......it may come in handy as evidence to show their unreasonable behaviour.

[natters67]

Re: Lowell have issued court clain

Thank you - I will get that sent off to them