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Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis
Dear LegalBeagles,
I have a hearing date for 10th December in Bromley County Court Lowell v. myself.
This is for a Vanquis credit card that I took out in 2008.
The default amount was £3263 on the 03/10/2013. Since then the amount has changed and Lowell is asking for £4124 with court costs and all added charges.
I kept up with payments for several years until I was in a situation where I could not make payments any more. I then signed up with a debt management company who handled repayment but still the payment amount was too high and I couldn’t keep them up. This is when I decided to try and find another way.
After receiving letters form Lowell and Bryan Carter solicitors I followed all steps recommended on the LegalBeagles website.
Lowell did not send me any paperwork (credit agreement, default notice) until two days before the original court date that was 27th July 2016. This hearing was adjourned and rescheduled for the 10th December.
Amongst the paperwork that Lowell has sent me copies of there is a consumer credit agreement however it is not the same as what I received back in 2008.
The document they included in their claim pack is 9 page long agreement that looks like is made up of two different documents.
The original agreement I got sent by email in 2008 is a 2-page document. Further to this I received an email in 2010 informing me that they changed terms and conditions to the original credit agreement but I received no updated documents.
They also claim unreasonable behaviour on my part stating that I did not try to contact them and find a solution for my outstanding debt before the date I received the court claim.
On the contrary I tried to settle this debt through debt management first then by asking for copies of the credit agreement, default notice and notice of assignment. I can prove this as I sent all my letters recorded.
Can anyone please advise me as to what is my position in this case?
Do I attend the hearing on the 10th Dec or should I try and settle out of court?
As Lowell left sending the documents to the absolute last minute I really thought that they did not have copies of all of the documents that I requested and now I don’t know what to do?!
Any help or advice would be really appreciated!!
I have a hearing date for 10th December in Bromley County Court Lowell v. myself.
This is for a Vanquis credit card that I took out in 2008.
The default amount was £3263 on the 03/10/2013. Since then the amount has changed and Lowell is asking for £4124 with court costs and all added charges.
I kept up with payments for several years until I was in a situation where I could not make payments any more. I then signed up with a debt management company who handled repayment but still the payment amount was too high and I couldn’t keep them up. This is when I decided to try and find another way.
After receiving letters form Lowell and Bryan Carter solicitors I followed all steps recommended on the LegalBeagles website.
Lowell did not send me any paperwork (credit agreement, default notice) until two days before the original court date that was 27th July 2016. This hearing was adjourned and rescheduled for the 10th December.
Amongst the paperwork that Lowell has sent me copies of there is a consumer credit agreement however it is not the same as what I received back in 2008.
The document they included in their claim pack is 9 page long agreement that looks like is made up of two different documents.
The original agreement I got sent by email in 2008 is a 2-page document. Further to this I received an email in 2010 informing me that they changed terms and conditions to the original credit agreement but I received no updated documents.
They also claim unreasonable behaviour on my part stating that I did not try to contact them and find a solution for my outstanding debt before the date I received the court claim.
On the contrary I tried to settle this debt through debt management first then by asking for copies of the credit agreement, default notice and notice of assignment. I can prove this as I sent all my letters recorded.
Can anyone please advise me as to what is my position in this case?
Do I attend the hearing on the 10th Dec or should I try and settle out of court?
As Lowell left sending the documents to the absolute last minute I really thought that they did not have copies of all of the documents that I requested and now I don’t know what to do?!
Any help or advice would be really appreciated!!
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