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Hi my first post here, about 2 years ago i had to put a hold on my vanquis card due to losing my job. Vanquis subsequently told me they had sold my debt on. last year i had a letter from lowell portfolio saying that they owned the debt. i asked them to provide proof that they owned the debt which they never sent, in total over 2016 i sent them 4 letters asking them to prove that they owned the debt. i then had a pre court notice, again i asked them for proof which they never sent. at the start of this year i had a court summons and i replied that i was defending the claim, a judge read the papers and ordered that all relevant paperwork had to be sent to myself by the 14th april. no paperwork was sent. lowell sent me a letter purporting to come from vanquis saying that vanquis had sold the account to lowell, i have since found out the letter was from lowell and made to look like it had come from vanquis. The court case is on the 26th of this month and lowell have just sent a copy of the agreement but still no proof that they own the debt i.e. a deed of assignment. my question now is do i go to the court case or do i contact lowell and try to sort a settlement ??
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Re: impending court case
Hi all is anyone able to advise i havnt much time left -
Re: impending court case
Hi
Its very difficult to offer advice at such a late stage because no one is aware of the process you have gone through or the evidence that has been sent.
What exactly did the judge order Lowell to produce and want did they produce
What were the particulars of claim ?
Did you send a S78 request and have Lowell complied with it?
have you been ordered to submit an amended witness statement and have you?
Just for reference, the notice of assignment can be sent by either party on the authority of the seller
How much is the claim for?
Sorry I can't be of more help but if you do go to court you need to make the judge aware that the claimants did not follow their directions and when the info they sent arrived and what is still missing.
If you want to fill in more details maybe more opinions can be offered
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]Comment
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Re: impending court case
Originally posted by warwick65 View Post
Hi many thanks for responding, i realise its very late.not sure what a sect 78 is but i have sent them a request for proof that they own the debt 5 times over the last year. They have never replied. A judge said it was suitable for mediation but as they hadnt sent the docs we couldnt do that. The judge also ordered that all documentation should be sent to the court and myself by 14th April, they only arrived last thurs. They have sent a copy of the agreement the default notice and a notice of assignment which purports to come from Vanquis but has come from lowell and signed by someone that doesnt exist. The amount is for £1900 a cc debt
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Sorry about the details i have struggled to find any help. I went through citizens advice first who kept me waiting for weeks for advice and then just told me to sort it in courtComment
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Re: impending court case
Hi
yes sadly that is what many citizens advice tend to do- tell people to bite the bullet and settle
A S78 is also called a CCA request and it makes the creditor supply a copy of the agreement however for many post 2007 credit cards it makes little difference
So they haven't sent the deed of assignment , just the notice. It is the deed that is really needed to prove they own the debt and have the right to bring a claim
Could you post up a copy of the default notice after removing details that could identify you . A DN needs to be set up in a certain way
To be honest i am clutching at straws here but you never knowComment
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Re: impending court case
Many thanks for the reply i will post the default notice in the morningComment
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Re: impending court case
please find attached copies of the default notice and the notice of assigment. the signature (alex appleby ) on the bottom of both is a ficticious person if thats any use.Last edited by Kati; 20th June 2017, 15:01:PM.Comment
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Re: impending court case
Hi
That is not a S87(1) Default notice. If you read it it says there should be the default notice enclosed. If that is all you have then they may have a problem.
I know that was all I was sent by Vanquis and I also know that as a gesture of good Lowell made the commercial decision to close the account
The figures quoted on the letter seem wrong anyway as even if you paid the overdue amount you would still be over the credit limit
A faulty default notice is not deminimis , this was ruled in Brandon v American ExpressComment
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Re: impending court case
Apologies this is the default noticeLast edited by Kati; 20th June 2017, 15:05:PM.Comment
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Re: impending court case
Any ideas on this or should i go for a tomlin order and save going to court ??Comment
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Re: impending court case
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]
I think that DN is defective as it still leaves the account over its credit limit - I know I read somewhere that even when the defendant wasn't prejudiced ( as in this case) it didn't matter but not sure whereComment
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Re: impending court case
What's the issue date of that DN ?Originally posted by bistray View Post
I can't see one, only the remedy date.
DiComment
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Re: impending court case
Im not sure if the fact that the guy who signed both ( Alex Appleby ) doesnt exist its a made up name from vanquis ??Comment
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Re: impending court case
Any further thoughts on this. Court case is MondayComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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