Ccj lowell portfolio 1 ltd

[joga6970]

Re: Ccj lowell portfolio 1 ltd

@Diana M

Any advice???

[MIKE770]

Re: Ccj lowell portfolio 1 ltd

see she has looked in maybe she will return to give advice??

[joga6970]

Re: Ccj lowell portfolio 1 ltd

see she has looked in maybe she will return to give advice??

Thank you again, just concerned with time limits now on their letter

[EXC]

Re: Ccj lowell portfolio 1 ltd

I'll give [MENTION=87380]Diana M[/MENTION] and [MENTION=6]Amethyst[/MENTION] a shout.

[EXC]

Re: Ccj lowell portfolio 1 ltd

@joga6970 I've redacted the personal information from the docs you uploaded in post #42 and put them into the PDF attached so they're easier to read.

In the meantime:

1) When did you make the CCA and CPR requests?
2) Did you ever receive responses to your CCA and CPR requests?
3) They claim was stayed in December 2016 and is still stayed?
4) Can you post up the particulars of claim?

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Thank you, not overly sure what I'm doing. Hope that someone can give me some advice

[EXC]

Re: Ccj lowell portfolio 1 ltd

Thank you, not overly sure what I'm doing. Hope that someone can give me some advice

It's ok I'm sure someone will be able to help today. Can you answer the questions I added to my previous post?

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Sorry, I did CCA and CPR within the time limits, received letter saying that they would be in touch once they had it, nothing received so filed my defence within time limits then checked with court who said it was stayed.

Rung last sat week and it still stayed.

off to work now so will check all later but thanks for help, very kind

[Amethyst]

Re: Ccj lowell portfolio 1 ltd

Morning xx They have certainly taken their time providing these documents to you. Really its' a matter of deciding if you want to fight them or settle. It gets to be a bit of a game of chess at this stage. They may never get round to applying to lift the stay, or they might do it after the 'deadline' they have given you.

They will still need to provide copies of the Default Notice and the Notice of Assignment, also the full terms of the account ( though the prescribed terms are present on the agreement) at the start and end of the account, before they can go forward with the claim, but they could produce those at any point. They will have to apply to lift the stay and explain to the court why the delay of course, but if you did want to settle it now is a good time to look into it.

They haven't offered much of a discount (just removed court fees by the look of things) but as you have concerns over your job being affected if you should get a CCJ, and also your credit file, you could probably negotiate that down further and still pay by installment without them applying to lift the stay and go for a judgment. Making installment payments now wouldn't prolong the time this shows on your credit file, it would still fall off 6 years after it defaulted ( in 2012?2013? (I can't see the date anywhere ) so should fall off in the next two years). If you do negotiate then you need to make sure you get the agreement for full & final settlement, without proceeding with the claim, in writing before paying anything. If you did do a lump sum settlement of course you could probably get a better discount and the credit file would be marked as Settled, which would improve the credit file a small amount, but really you won't see much improvement until it falls off 2018/2019. A settled account looks better for any potential mortgage lender though if you were looking into that.

Alternatively you can push on with your defence, reply and tell them you have received the documents, tell them they haven't yet provided any assignment or default notices and you would defend any attempt to lift the stay on the claim. Of course if you think you will be able to settle in full if they did come up with all the paperwork and were successful with their application to lift the stay you could just wait and see if anything does happen.

Just some thoughts anyway xx

POC

£1562.13 being monies due from the defendant to the claimant
under store cards, credit cards agreement regulated by the consumer credit
act 1974 between the defendant and vanquis bank plc under account
ref xxxxxxxxxxxxxxxxxx and assigned to the claimant on 15/02/2013 notice of which
has been given to the defendant.
the defendant failed to maintain the contractual payment under the terms
of the agreement and a default notice has been served and not complied with.

[Diana M]

Re: Ccj lowell portfolio 1 ltd

I can see nothing in that letter about their intention to make an application to the court to lift the stay. It simply says their WP offer will be withdrawn in 14 days if you don't respond.

Is there a second page to that letter and does it threaten anything?

Lifting the stay is more or less a formality as long as they pay, it's what would happen after that which you need to consider if they do decide to continue with the proceedings.

They could make an Application for a Summary Judgment (which would be done simultaneously with lifting the stay Application) and you would have the opportunity to contest that by filing your own WS in response.

You would be served with any SJ Application so you'd have the opportunity to consider your options at that stage.

Since the claim is stayed at NCCBC it would then have to be transferred to your local county court to deal with it. This may take weeks if not months depending on how busy your local court is.

Or they could simply apply to lift the stay but nothing more so the court (NCCBC) would send you a Directions Questionnaire to complete. That's a sort of 'admin' form where you provide information on your availability etc.

The DQ also gives you a box to tick if you wish to take advantage of the court's free telephone Mediation service where you can settle this without getting a CCJ (although the agreement would be legally binding).

Now that they have produced documents it may be wise to file an Amended Defence since they disclosed them after you filed your 'interim' Defence.

You would need permission from the court to file an Amended Defence or it can be agreed with the Claimant by consent. You have put them on Notice of this potential in your Defence (if you filed the LB Template Defence). And you warned them that you would expect them to pay the cost of doing that (Amended Defence).

B W Legal's offer letter is headed Without Prejudice so it cannot be raised in court.

Their letter also refers to sending you the Default Notice but I can't see it in your upload.

One question I have based on the POC is that it says this debt is for a "store cards, a credit card". Did you have more than one product with Vanquis which may have been amalgamated before the combined debt was sold to Lowell?

Particulars of claim

£1562.13 being monies due from the defendant to the claimant
under store cards, credit cards agreement regulated by the consumer credit
act 1974 between the defendant and vanquis bank plc under account
ref xxxxxxxxxxxxxxxxxx and assigned to the claimant on 15/02/2013 notice of which
has been given to the defendant.
the defendant failed to maintain the contractual payment under the terms
of the agreement and a default notice has been served and not complied with.

Di

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Sorry for delay so busy at work.

feeling quite overwhelmed with the response as really out of my comfort zone.

part of me says give up as I really don't know where to go from here but so appreciate everyone's time and help and patience. You all do an amazing job helping people.

i thought I'd succeeded with this but obviously not.

they never replied to my CCA or CPR just a letter saying they would try to gain the info I requested.

i can't actually see in their pack a default notice just my agreement, lots of typed up lists of how card was used and special invitation that is signed.

i have included a couple more pics of these and second page of letter.

there are two of the pages saying special invitation that is signed but both are same date so I don't understand, it looks like it's duplicated as it's identical and so is the list of transactions which total £1562.13.

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Some more pics to help!

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Some more pics to help!

Really unsure where to go from here, I'm not that good with things like this so was quite impressed I'd got this far.

if someone could put into steps what I do first then I might have some understanding of how to continue.

your help us so much appreciated so thank you again.

[joga6970]

Re: Ccj lowell portfolio 1 ltd

Really unsure where to go from here, I'm not that good with things like this so was quite impressed I'd got this far.

if someone could put into steps what I do first then I might have some understanding of how to continue.

your help us so much appreciated so thank you again.

Could anyone advise what I should do first I'm really confused with it all, still not sure I have a default notice as such either.