Lowell vs Reiss

[Reiss]

Hi All,

Just want to say i have spent several hours reading through the threads to better my knowledge and to make life easier for all those willing to give advice. This is a fantastic forum and have gained so much knowledge through reading most of the relevant threads and would like to thank you all in advance in helping people like myself who have absolutely no clue in how to approach such topics.

So i am planning with my partner to eventually get a mortgage and today this has come through my post a County Court Claim form (Northampton) this is all i need now and have totally forgotten about this. Its from a credit card Vanquis which i took out many many years ago and have not made any contact with them due to change of address nor heard from them till recently for the best of 4 years.


The letter states the following and dated 20 September 2016

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXXXXXXXXXXXXXXX (“the Agreement”)
2) The defendant failed to maintain the required payments and a default notice was served and not complied with
(I don't remember a default notice, it's from 2009)
3) The Agreement was later assigned to the claimant on 30/08/2012 and notice given to the defendant
4) Despite repeated request for payment, the sum of £2,079.08 remains due and outstanding.
And the claimant claims
a) The said sum of £2,079.08
b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.456, but limited to one year, being £166.33
c) costs

What i have done so far:

I have registered on MCO and now on the final step of Acknowledgement of service p.s i did not click the option to Contest jurisdiction as live in London and i believe that only applies if living in Scotland? (if i am wrong please correct me) as i have still yet to submit.]

Next step is to send the CCA request to the Claimant (Vanquis) ???

And also a CPR to the solicitor (Lowell)?


I hope i have given enough information to help me on my way, i will be posting updates regularly to also help others gain a clear understanding of whats happening.

Reiss

[Reiss]

I cant thank you enough for this info i thought my week has started on a a downer, I will keep an eye out and see what happens in the near future and will keep everybody posted.

Last time i checked it was "Stayed" so lets see.

Amethyst Thanks a million for helping and giving life back to my Monday!

Woohoooo so that is good news!

I just have to go easy till June, Once its off my file that is it right no more Lowell on my case?

[Amethyst]

Well, no more issue with them on your credit file. The court claim is still 'stayed' at court I think, so they could come back on that at some point in the future, but you should be able to get it settled IF they ever came up with all the documents to prevent any further damage to your credit file. For now just sit tight xxx

[Reiss]

Woohoooo so that is good news!

I just have to go easy till June, Once its off my file that is it right no more Lowell on my case?

Hi Amethyst

Thank you for replying back so promptly.

Mine says the following on Experian:
Entry number C8 Account started 07/08/2008 Default Date 29/06/2012 Default Balance £2079 So does mine come on this year? I need this off as im applying for a Mortgage soon and this has shattered all my hopes

[Amethyst]

If it originally default Default Date 29/06/2012 then on 29/06/2018 it should fall off the file, yes

[Reiss]

Hi Amethyst

Thank you for replying back so promptly.

Mine says the following on Experian:
Entry number C8 Account started 07/08/2008 Default Date 29/06/2012 Default Balance £2079 So does mine come on this year? I need this off as im applying for a Mortgage soon and this has shattered all my hopes

Hi All, charitynjw,

Its been a while since i have been on here and hope you are all great!!

I stumbled on a problem this morning i went to check my credit report and out the blue Lowel Have given me a Default. I have not heard nothing from them and i have since then moved address with a re directory set up to my new address.

Where do i stand with this now?

[Amethyst]

Is it definately the same debt ? And on your credit report can you see the actual default date ? as opposed to the date Lowell started reporting it.

On mine I have a Default from Jan 2016 that Hoist only started reporting in Sept 17 ( annoying sods ) so shows like the attached.... it still falls off in 2022 ( whoopee lol ) - anyway point being - the DEFAULT date should still be the original NOT a new one.
2018-02-19 11_28_35-Start.png

[Reiss]

Hi All, charitynjw,

Its been a while since i have been on here and hope you are all great!!

I stumbled on a problem this morning i went to check my credit report and out the blue Lowel Have given me a Default. I have not heard nothing from them and i have since then moved address with a re directory set up to my new address.

Where do i stand with this now?

[Diana M]

Re: Lowell vs Reiss

im so happy that i didnt fill in the questionnaire

I'm happy too because it could have had negative consequences for you.

If you see advice posted which you're not sure about you can always ask for a second opinion.

Di

[charitynjw]

Re: Lowell vs Reiss

This is a £2k+ potential claim &, as it is currently stayed, the next move is for the Claimant to make (or not, hopefully!).
If it were me I'd be keeping a weather eye on the court, but keeping absolutely schtum otherwise. I certainly would not do anything which puts the case back on the Claimant's radar.
Unless you need to do so, it is unwise to disturb the slumbering tiger.

[Reiss]

Re: Lowell vs Reiss

@Diana M @nemesis45 @warwick65 @charitynjw

Thank you all for the help, im so happy that i didnt fill in the questionnaire and that is why i love explaining every step of my process with you all, the advice you guys have provided me is truly priceless and for anybody reading this or following the thread THESE GUYS ARE YOUR SUPER POWERS.
@nemesis45 Lowell sent me the Questionnaire by post and the court emailed me the questionnaire when i called to ask them that did not received the questionnaire from them as lowell stated on the letter.

i guess its just a waiting game to see what happens next.........stay tuned

[warwick65]

Re: Lowell vs Reiss

Lowell sent the questionnaire by e-mail.

Post 106 suggests that the DQ was sent by post

It was the court who sent a blank DQ by email

[nemesis45]

Re: Lowell vs Reiss

Lowell sent the questionnaire by e-mail.

[Diana M]

Re: Lowell vs Reiss

So the woman who had sent me the questionnaire by email shouldn't of have.
.

No she shouldn't !

The lesson learned is don't automatically believe what court admin staff tell you when it comes to case management issues.

Personally I see no reason to keep calling the court because there's always the risk it could breathe life into a sleeping claim which may not be a good thing.

Di

[Diana M]

Re: Lowell vs Reiss

i will be contacting the court first thing in the morning to see what the status of the claim and take Diana M's advice.

Diana the lady on the phone did say to me it is "STAYED" but then . . . . any questions you recommend i ask please fire away otherwise will continue on the excellent advice Diana M has mentioned.

Thanks for the update (and the flattering comments )

My advice was don't complete and send the DQ to the court and Lowells. You were given the opposite advice in post # 121 which I'm glad you didn't follow or it could have triggered an application to lift the stay by the Claimant.

You say the court has confirmed that the claim was stayed some months ago. So in my view you shouldn't do anything until you hear different. And definitely don't contact Lowells in any shape or form.

You also say that Lowells filed their DQ out of time and the court rejected it.

It appears that they (Lowells) did not make an Application for relief from sanctions even though they would have been made aware by the court that their DQ had been rejected.

Enjoy the peace and quiet.

Di