1st CCJ claim Lowell/Vanquis

[nate]

Hi

This is first CCJ claim form ive had sent to me, potentially could be others in the future.
Its from Lowell Portfolio Limited and Lowell solicitors limited, on behalf of vanquis bank for a credit card. ''Failed to maintain payments and default notice was served and not complied with''

Assigned to the Claimant on 15/02/2013 for amount 385 gone up with court costs and legal fee to 501 I have no details on when this agreement was potentially entered into, The CCJ claim form was issued on the 1/11/16.

I have since moved address away from where they are claiming. But have had a royal mail redirection in place for the last 3-6 months, so only just catching up on these sort of letters and and debt collectors chasing stuff. I was away out the country and young and stupid when i may have opened up these sort of agreements, whenever i got anything from debt collectors usually just threw it in the bin without even opening it. Looking back maybe i shouldnt have done that. I like all the work and advice you guys do here and would appreciate any advice you could give in this situation. I understand the 1st step is to do an acknowledgement of service?

[charitynjw]

Re: 1st CCJ claim Lowell/Vanquis

Hi nate & welcome to LB.

What is the issue date on the court claim form?

[nate]

Re: 1st CCJ claim Lowell/Vanquis

Hi mate thankyou for your prompt reply, it was on 1/11/2016 and said i have 14 days to reply i know ive left it a bit late. But ive been reading loads of your forums and deciding what to do weather to fight them and stand up to them or surrender and enter step change or get a DRO, still unsure on what to do so looking for advice. Id prefer to stand up to them and fight them but im unsure what the consequences maybe if im unsuccessful

[charitynjw]

Re: 1st CCJ claim Lowell/Vanquis

Hi mate thankyou for your prompt reply, it was on 1/11/2016 and said i have 14 days to reply i know ive left it a bit late. But ive been reading loads of your forums and deciding what to do weather to fight them and stand up to them or surrender and enter step change or get a DRO, still unsure on what to do so looking for advice. Id prefer to stand up to them and fight them but im unsure what the consequences maybe if im unsuccessful

That's ok.
The first thing to do is acknowledge the claim with court, per the claim pack.
That'll give you a bit of time to decide what to do, & with a bit of good fortune, construct a decent defence.
You can do so online.
For the moment, indicate to defend in full, but do not state an actual defence; that will come later.
If you are living in England/Wales, do not contest jurisdiction.

[nate]

Re: 1st CCJ claim Lowell/Vanquis

Ok thank you ill do that now. What would be the next steps going forward?

[Diana M]

Re: 1st CCJ claim Lowell/Vanquis

reading loads of your forums and deciding what to do weather to fight them and stand up to them or surrender and enter step change or get a DRO, still unsure on what to do so looking for advice. Id prefer to stand up to them and fight them but im unsure what the consequences maybe if im unsuccessful

Deal with this immediate issue (a court claim) before taking a holistic decision on all the other debt stuff.

It's not uncommon to feel the need to throw in the towel on everything when a claim arrives. That feeling will pass once you see that there may be a light at the end of the tunnel and it's not an Express Train coming towards you

When did you open this Vanquis account?

Can you post up (type out) the Particulars of Claim so it's clear what is being chased and why.

Di

[charitynjw]

Re: 1st CCJ claim Lowell/Vanquis

CCA & CPR 31.14 requests. (See example templates, top of your thread.
As it's concerning a credit card, CCA s78 is applicable; remove references to s77 in the CCA template.
Enclose a £1 fee (we usually suggest a postal order), endorsed 'For statutory purposes only' & cross-refer the letter & PO.
Send to the Claimant (name/address per court claim) & get proof of posting (SignedFor post is good).
For the CPR, no fee required.
Send to the solicitors (name/address per claim form & again, proof of posting).
You can ask for any documents stated in their Particulars of Claim.
It looks like the agreement, the Notice of Assignment & the Default Notice, but without sight of the full PoC it is difficult to say.

[Diana M]

Re: 1st CCJ claim Lowell/Vanquis

it was on 1/11/2016 and said i have 14 days to reply i know ive left it a bit late.

In (legal) reality you have 19 days to file your AOS and 33 days to file your Defence. Both these timescales start from the Issue Date on the claim form.

Di

[nate]

Re: 1st CCJ claim Lowell/Vanquis

Hi Diana Thankyou for your reply also. I plan on dealing with this one 1st as its a priority, the other things i potentially may have are still with collection agency's such as Cabot financial, or moorcroft, however have heard nothing for a long time about any overdrafts, mostly just capital one and vanquis i might owe. I can see from all the successes other users have had on here its not time to throw in the towel yet, i need to deal with this one 1st as the debt i may owe has gone to CCJ claim and i fully admit i shouldn't have took this much time to address this, i should have got ahead before it went to CCJ but my thoughts always were ''what they going to do just send me letters they will give up'' I read your forums every month or so because i like reading the successes it stress me out and its not pleasant, these company's prey on people from threats and take advantage of people i could go on . . . . My main concern is post going to my previous address, which is a family house or people turning up at my family house door, however if i keep the royal mail redirection in place i think everything should go to my new place. Would there be a way without admitting any potential debt of getting all this registered to my new place?

I will get ahead of the rest of them by seeking more advice and becoming a more active member of your community and seeking advice from people such as yourself and charitynjw.

I am unsure on when i opened the vanquis account its looking like 2010 according to clearscore, i dont know how to get exact dates and i have no paper work no statements or anything. However they do still manage to advertise me new credit cards about 1 or 2 times a week via email, probably just spam however could go in my defense? I was young and stupid like i say when all these alleged debts were opened now i aim to get on top of them and fix them, hopefully with people such as yourself advice and guidance and i will do a lot of research and reading on your forums too. I appreciate any help and im coming hat in hand to your community for help so i really appreciate it again

[charitynjw]

Re: 1st CCJ claim Lowell/Vanquis

I am unsure on when i opened the vanquis account its looking like 2010 according to clearscore, i dont know how to get exact dates and i have no paper work no statements or anything.

An SAR to Vanquis could answer this.
http://www.legalbeagles.info/forums/...ur-information
It will cost £10 & could take up to 40 days, but that's ok as far as timescales go.
You could also get your bank records for the relevant periods.....2010, 11 & 12.
There's usually a small charge for them.
But it should then leave you fully equipped to check any info that the Claimant or their solicitors might send you.

[nate]

Re: 1st CCJ claim Lowell/Vanquis

Great i think im going to get a printer to print off any relevant letters or anything else i need for the future, i can see this being a long road ahead but im willing to put in the effort if i can ask for the advice needed. Appreciate all your help you have helped me feel less anxious and feel like people are there to help. Must get some sleep tonight but will reply asap tomorrow, any other advice in the meantime i will check 1st thing tomorrow. Thanks again

[nate]

Re: 1st CCJ claim Lowell/Vanquis

That's ok.
The first thing to do is acknowledge the claim with court, per the claim pack.
That'll give you a bit of time to decide what to do, & with a bit of good fortune, construct a decent defence.
You can do so online.
For the moment, indicate to defend in full, but do not state an actual defence; that will come later.
If you are living in England/Wales, do not contest jurisdiction.

Hi Thanks, good morning. Now up to this stage as from the 12/11/16 iv done the AoS and stated wanted to defend in full. What would be the best advice from here please? Thanks. Trying to find some form of paperwork or email about when date of alleged card may have been opened but no luck so far, ill keep looking. Ive screen shotted vanquis trying to sell me more credit cards almost a advertisement every 2 days on average!

[charitynjw]

Re: 1st CCJ claim Lowell/Vanquis

Good morning, nate.

CCA & CPR requests (Post #7, & see examples top of this thread).
SAR to Vanquis (post #10).

[nate]

Re: 1st CCJ claim Lowell/Vanquis

Who do i send them to? the court or vanquis or Lowells?

[cymruambyth]

Re: 1st CCJ claim Lowell/Vanquis

Send the CCA to the claimant, the CPR to the solicitors and the SAR to Vanquis. Send them asap, recorded delivery because you need any information that you may or may not receive to form your defence.