Lowell goaty22

[Goaty22]

Hi all,

I received a court claim from LOWELL through COUNTY COURT BUSINESS CENTRE

Issue date: 02 March 2017
Amount: 500
Claimant: LOWELL PORTOFOLIO
Solicitor: LOWELL SOLICITORS
Original creditor: Vanquis

This account has been defaulted June 2011 and i cleared half the amount with another credit agency (original amount was for one thousands pounds).

Last payment to the other credit agency was in 2012.

LOWELL claiming that they have bought this from the other credit agency in 2013.

What are the options open for me here as i did not acknowledge or admitted anything yet and it look like i am running out of time!

Your quick replies will be appreciated.

[charitynjw]

Re: Lowell goaty22

Hi Goaty22 & welcome to LB.

First thing to do is acknowledge the claim with the court asap.
If you don't do so within 19 days of the claim issue date you risk a default judgement.
Then send a CCA request (CCA s78 is the applicable one) +£1 fee to Lowell Portfolio.
& a CPR 31.14 request to Lowell Solicitors.
See the green boxes at the top of this thread - full instructions & template letters there.

It is also a good idea to SAR the original creditor (Vanquis) asap for all the data they hold.
Link to SAR - http://www.legalbeagles.info/forums/...ur-information

It would also be an idea to post up a copy of the Particulars of Claim (or type verbatim), removing personal data. (Without permanently defacing the claim form).

[MIKE770]

Re: Lowell goaty22

CCA Request || CPR 31.14 Request

[Goaty22]

Re: Lowell goaty22

Thanks Charitynjw and mike770,

Please see below for the particulars of the claim:

1. The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference numberxxxxxxxx (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 xx/xx/20xx and notice given to the defendant.
4. Despite repeated requests for payment, the sum of xxxx remain due and outstanding.
And the claimant claims
a) The said sum of xxxx
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assigment to the rate of issue, accruing at a daily rate of 0.xxx, but limited to one year, being£xx.
c) costs

I will keep you updated.

[charitynjw]

Re: Lowell goaty22

Documents to request via CPR31.14

Consumer Credit Act (CCA) regulated agreement
CCA Default Notice
*Notice of Assignment
*Deed of Assignment

*I'm guessing that the debt was assigned by Vanquis directly to Lowell Portfolio.
If not, then ask for all intermediate Notices & Deeds.

Your defence will be due latest 4pm 4th April, provided that Lowells fail to accept the 28 day extension offered via your (forum template) CPR request.

[Goaty22]

Re: Lowell goaty22

The debt was not directly assigned to them. I only heard from them few weeks ago.

[charitynjw]

Re: Lowell goaty22

The debt was not directly assigned to them. I only heard from them few weeks ago.

So who (name) was/were the other assignee(s)?
& when did you originally commence the agreement?

[Goaty22]

Re: Lowell goaty22

It was Moorcroft and the agreement with the original creditor commence in December 2010. The last payment to Vanquis was in May 2011.

[charitynjw]

Re: Lowell goaty22

Ok

I've only had dealings with Moorcroft in their debt collection capacity as an agent of debt 'owner' (though I think they may be debt purchasers in their own right as well).
If the latter you should have received an assignment notification to that effect.

[Goaty22]

Re: Lowell goaty22

Is it normal for the MCOL website to be temperamental!!! Even though i am using the right user ID and password, it keep rejecting it.

[Kati]

Re: Lowell goaty22

Is it normal for the MCOL website to be temperamental!!! Even though i am using the right user ID and password, it keep rejecting it.

unfortunately yes ... it might be easier if you give them a ring tomorrow morning xx

[Goaty22]

Re: Lowell goaty22

Will do. Thanks.

[Goaty22]

Re: Lowell goaty22

Hi all,

Quick update:

They said they will place the "account" on hold until they receive the requested agreement, statements and default of notice from Vanquis.

They said that they will will not send me the Deed of Assignment as it is a confidential agreement between their " client" and the original creditor (Vanquis).

I do not know what client they are talking about here as they also send me a Notice of assignment from Vanquis saying that the account is now owned by LOWELL and dated 2013. I can guarantee you that this letter is fake and the SAR request will unmasked them.

Even though they placed the account on hold i think i should still submit my defense within 28 days.

Thanks.

[MIKE770]

Re: Lowell goaty22

account is not on hold and lowells know it, the court process goes on lowells try that hoping to get a CCJ by default but you know better do you Not?

[Goaty22]

Re: Lowell goaty22

Thanks MIKE770.

That is what i though. I will give them until the end of the month before submitting my defense.

I do not mind paying this debt as i already clear half of it in the past once i am better financially but i will only return that money to either Vanquis if they are going to accept it or i will give it to a charity. I will make sure that LOWELL do not get a penny of that debt.