Lowell v Yavin66

[yavin66]

Issue Date: 09 May 2017
Amount approx: £545
Claimant: Lowell Portfolio I Ltd
Solicitor:Lowell Solicitors Ltd
Original Creditor: Vanquis
Particulars of Claim:

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account ref ..... ('the agreement')
2) The Defendant failed to maintain the required payments and a default noticed was served and not complied with.
3) The agreement was later assigned to the Claimant on 31/05/2013 and notice given to the Defendant.
4)Despite repeated requests for payment, the sum of £424.65 remains due and outstanding.
And the Claimant claims.
a) The said sum of £424.65
b) Interest pursuant to s69 County Courts 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 £0.093 but limited to one year being £33.97.
c) Costs
Is the debt Statute Barred? I'm not sure
List any letters you have sent: Have sent a CCA request to claimant (copy to solicitor)
CPR request to claimant's solicitor

Any Other Info:
I acknowledged the claim on 11 May 2017

Background

I vaguely remember the debt but cannot recall when it was originally from. There is no detail of when I defaulted the debt. The debt was from a previous address and there has been no previous contact by me to Lowell at my current address.

My defence is due to be submitted on the 11th June. This is a Sunday .... would this be correct?

Any further assistance would be appreciated


many thanks

[MIKE770]

Re: Lowell v Yavin66

next day submission by 4 pm would surffice as weekend or on line at MCOL

[charitynjw]

Re: Lowell v Yavin66

Hi yavin66, welcome to LB.

A SAR to the original creditor is always a good idea.
http://www.legalbeagles.info/forums/...quest-template
If the 'defence due date' falls on a weekend, the following Monday is ok. (4pm latest).
Some folks prefer to file on the preceding Friday, to be safe.

[MIKE770]

Re: Lowell v Yavin66

next day submission by 4 pm would surffice as weekend or on line at MCOL


First Steps

- - - Updated - - -

next day submission by 4 pm would surffice as weekend or on line at MCOL


First Steps CCA Request || CPR 31.14 Request

[warwick65]

Re: Lowell v Yavin66

Hi
What was the date on the claim form because it is 33 days from that date to file your defence.

As others have said

1) CCA request to Lowell
2) CPR request to Lowell solicitors requesting
The agreement
The Default Notice
The Notice of assignment
The deed of assignment

3) Consider sending a Subject Access Request to Vanquish - this gets all the personal data they have including hopefully the date the default notice was sent (or maybe not) the date the account was assigned ( or maybe not)

When was the account opened?

I know my vanquish account that was sold to Lowell was closed after I sent a CCA request to them - no idea why - they claimed it was a commercial decision .

[yavin66]

Re: Lowell v Yavin66

Thanks all for the replies to date.

I have today received my first reply from Lowell Solicitors in response to the CPR request.

I have attached the image for your information.

I am particularly intrigued in them saying that I am not entitled to see the deed of assignment as it is a confidential agreement.

Any thoughts so far and should I be preparing a response to this letter?

Thanks

[warwick65]

Re: Lowell v Yavin66

Hi.
No response to that letter needed imo.

Did you send the cca request to lowell and the SAR to vanquish

You have acknowledged the claim,keep a note of when the defence is due

[yavin66]

Re: Lowell v Yavin66

Yes ..... both sent.

That's the first response I've had.

[yavin66]

Re: Lowell v Yavin66

Yes ..... both sent.

That's the first response I've had.

Ok I'm due to respond to the court in 7 days. Other than the letter I shared above I have had nothing from either party.

Is their lack of a response the basis of my defence (if I get nothing this week that is)? I know there is a template for defence but just trying to get my head around things before filling it in.

It seems to me that they have all failed to respond within the time limits anyway.

Cheers

[warwick65]

Re: Lowell v Yavin66

Hi

Yes that is the bare bones of your defence but it can be fleshed out. I would be highlighting the refusal to disclose the Deed because that is the thing that shows they have the right to take action.

Obviously other things to highlight would be no default notice

Don't be surprised if you don't get a copy of the agreement this week

Lets hope not though

[yavin66]

Re: Lowell v Yavin66

Hello again

Today is the day my defence is due. I have still received nothing other than the letter shared earlier in the thread.

I have used the defence template and padded it out/amended it where necessary. I have uploaded the document so would appreciate it if somebody could have a glance over it and provide any feedback.

I have a couple of questions.

I have completed point 4 but am not 100% that I should be including that line. I vaguely remember the debt but not in any great detail.

At point 13 I mentioned in my cci letter that if they (Lowell) needed more time then to let me know in writing. They responded that the account would remain on hold until the requested documents have been received. Does that constitute a valid reason for including point 13?

Thanks in advance,

[MIKE770]

Re: Lowell v Yavin66

1st point - it is denied having an agreement with Vanquis?? did you have a vanquis card?

you asked for extrension of time ? why? giving them more time to conjure up an agreement of some sort??


sure other will respond soon, deadline to-day No 4 p/m/ to-morrow as to day sunday will not count>

[warwick65]

Re: Lowell v Yavin66

Hi

As Mike said- did you have a Vanquis card? If you did, or think you may have , I think you would be very foolish to say you didn't . Remember you are signing a statement of truth and do you want to be potentially caught telling lies to a judge?

In your defence you do not need to go into quite so much detail about how the CCA was sent and the tracking number, just onxxxxxx a request under S78(1) CCA was sent to the claimant no response ( or no documentation ) was received- use whichever is more accurate . I say that because I have always received acknowledgement of my CCA requests . You pad the detail in your Witness statement later.

With the assignment I would say not only that you do not recall receiving one but you put the defendant to strict proof one was sent. Additionally you should be asking the claimant to provide proof they have the right to bring the claim under law - that would mean showing the deed of assignment
[MENTION=5553]charitynjw[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=87380]Diana M[/MENTION]