Claim 2 (Lowells)

[MrMRJ]

Starting a new thread for this Claim as advised. This one is touch a go, it might be within in 6 year period of last payment, but we are not sure. Advise on next course of action is appriciated.

Paticulars of Claim

"1) the defendant entered into a consumer credit act 1974 regulated agreement with vanquis
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 4/8/2013 and notice given to the defendant.
4)despite repeated requests for payment, the sum of £758.71 remains due and outstanding
And the claimant claims
A)the said sum of £758.71
B) interest pursuant to s69 county court 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 £0.166, but limited to one year being £60.70
C) costs"

Defaulted 2013

[MIKE770]

Re: Claim 2 (Lowells)

First StepsCCA Request || CPR 31.14 Request

[MrMRJ]

Re: Claim 2 (Lowells)

First StepsCCA Request || CPR 31.14 Request

Mike thanks, could you confirm this goes these go to the claimant and not the solicitors? Also on the letter template, for Account number, will this be the account reference as quoted in the particulars of the claim? Which in this case is a 16 character number?

[Diana M]

Re: Claim 2 (Lowells)

Starting a new thread for this Claim as advised.

That'll be me then

Here's a link to your other thread and maybe [MENTION=49370]Kati[/MENTION] can import/duplicate some of the posts from there to provide the backstory of your (your wife's) situation with this claim

Link > http://legalbeagles.info/forums/show...713#post722713

Di

[MrMRJ]

Re: Claim 2 (Lowells)

In the particular of the claim above point 4 states "despite repeated requests for payment, the sum of £758.71 remains due and outstanding
And the claimant claims"

Do this mean I can includ "Formal Demand" on the CPR?

Thanks

[Kati]

Re: Claim 2 (Lowells)

....

Thank for your reply so. Please see particulars below:

Claim 2 - £949.41

"1) the defendant entered into a consumer credit act 1974 regulated agreement with vanquis
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 4/8/2013 and notice given to the defendant.
4)despite repeated requests for payment, the sum of £758.71 remains due and outstanding
And the claimant claims
A)the said sum of £758.71
B) interest pursuant to s69 county court 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 £0.166, but limited to one year being £60.70
C) costs"


In terms of acknowledging the claim, can we do this online? I should of mentioned we go away for 2 weeks in may, so I am concerned about missing any replies/deadlines.

Many Thanks
MRJ

Good morning MrJ,

Yes online acknowledgment on MCOL details are on the court forms.

Are these debt on her credit files? You can check Noddle/Clear Score free online.

Requests for both agreements next (CCA Request) template in the green box above.

A £1.00 statutory fee is payable for each agreement, use a postal order marked " for statutory fee only" and send to the claimant (s) by signed for post.

Then a request under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of claim (template above) this goes to the solicitors and there is no fee payable send by signed for post.

Claim 2 The Regulated agreement, the default notice and the notice of assignment.

Please state name of claimant and the solicitors approach may vary.

nem

The original accounts are not on her credit file, however the comapny that the debt has been sold to is.

The higher amount debt is capquesthe (Restons solicitors limited) the smaller debt Lowell (Lowell Solicitors)


Thanks

[nemesis45]

Re: Claim 2 (Lowells)

[QUOTE=MrMRJ;723014]In the particular of the claim above point 4 states "despite repeated requests for payment, the sum of £758.71 remains due and outstanding
And the claimant claims"

Do this mean I can includ "Formal Demand" on the CPR?

No it's not mentioned so technically cannot be requested But you can always try but be prepared for a " lecture" from the solicitors!

nem

[MIKE770]

Re: Claim 2 (Lowells)

[QUOTE=MrMRJ;723008]Mike thanks, could you confirm this goes these go to the claimant and not the solicitors? Also on the letter template, for

CCA goes to claimant with £1.00 P.O. Recorded delivery

CPR31.14 goes to solicitors Recorded Delivery No Fee

[MrMRJ]

Re: Claim 2 (Lowells)

Thanks, we will get these posted tommorow. With regards to the CCA they have 14 working days to respond. My worry here is that takes us to Monday 15th May (The day we go away for 2 weeks).

From your experience do they leave this until the last minute to reply. Ideally I want to get my defence in by Saturday 13th May.

Thanks

[MIKE770]

Re: Claim 2 (Lowells)

what we have found in most cases they try and fool peeps into secure feeling by saying that they have requested data from originator and the case is on hold? You Ignore that comment the court system runs itself not Lowells and the likes, they hope you belive them in order to eventually get a CCJ by default, so keep to court instruction not lowells, and file all of the such like from them for possible future use.

[MrMRJ]

Re: Claim 2 (Lowells)

So we have recieved a reply from Lowell Solicitors for the CPR. If someone could please explain our next step. As previosuly mentioned we go away on the 15th May, so I really want the defence in no later than Sat 13th so we can finally get into holiday mode.

Reply letter attached.

Thanks

[warwick65]

Re: Claim 2 (Lowells)

Hi
so they have sent the NOA and notes thing else
No response to your cca request.
Did you send a SAR to vanquish ? If not I would get one sent tomorrow .
What date is the defence actually due? I realise you are going on holiday . Defence due date is 33 days from the date on the claim form
Sorry I am new to this thread so may have missed something

If you have to get the defence in due to the holiday, and providing nothing comes before hand
Refer to no deed of assignment which you require to prove ownership of account by Lowell and rights of Lowell to litigate
Refer no non compliance with S78(1) and therefore S78(6) applies
Refer to no valid default notice

I am sure there is more [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=5553]charitynjw[/MENTION]. All these should be able to help you more

Details can be addressed in your witness statement later I think

[MrMRJ]

Re: Claim 2 (Lowells)

Thanks.

So in the letter they say they are not required to supply deed of assignment? Is that incorrect?

No I was not told to send a SAR when I started this and another thread for another claim. If I'm honest we was on the verge of just admitting liability. And the thought of sending out yet another letter and hoping I get a response back in time is just putting me back towards that direction.

Unless you belive there maybe a defence if we do not recieve any more documents?

If we do not recieve anything else and we defend as you suggest. Does that then mean my partner will be required to attend court, or could lowells just drop it and what are the chances of them doing this?

Thanks again
MRJ

[warwick65]

Re: Claim 2 (Lowells)

Hi
It is impossible to say what will happen- if I could I would make a fortune

Yes - you have a defence if they do not provide anything
You may have a defence if they do provide something as it may be rubbish

The deed is a complicated issue but if you word your defence correctly it is possible a Judge would order the disclosure

If you defend you can stop the process by admitting liability but why should you if they can not prove their rights. There is a long way to go before it is even listed for court.

You do not have to attend court if it gets that far but i would recommend you do

The SAR is one more letter to the original creditor with a fee for £10 . If you want to defend well worth it.

If it helps focus then remember they probably paid under £100 for it so would be making lots of profit out of you

It is of course entirely up to you, I can only say at this point I would carry on defending

[MrMRJ]

Re: Claim 2 (Lowells)

Warwick thanks. I I really do want to continue, it's just really bad timing my partner recieved 2 claims on the same day from 2 different solicitors, and right in the middle of us going away for 2 weeks in may.

What I don't want to happen is to send the defence prior to us going away (15th) and they send some other documents before the actual deadline which I believe is 22nd May. We recieved claim forms on 18th April.

Another worry is we put in our defence and we have to meet some other deadline, but we are not aware of due to being away and not getting any mail.

Thanks again