** settled ** County Court Claim Form Lowell Portfolio I Ltd

[DezzyB]

Good Evening

This is my first post and any help will be greatly appreciated

I received a County Court Claim Form

Issue Date: 6 June 2017
Approx amount: £2000.00
Claimant: LOWELL PORTFOLIO I LTD
Solicitor: LOWELL SOLICITORS LIMITED
Original Creditor: Vanquis
Particulars of the Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with xxxx under account reference xxxx ('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 15/02/2013 and notice was given to the Defendant
4) Despite repeated requests for payment, the sum of xxxx remains 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 assignment to the date of issue, accuring at a daily rate of xxxx, but limited to one year, being xxxx
c) Costs

I have not made any payments on this Account since November 2011
I have not sent any letters

Hopefully I have given enough information

I really don't want a CCJ on my credit file

[MIKE770]

Re: County Court Claim Form Lowell Portfolio I Ltd

First Steps

read and follow contents then come back here

Need to acknowledge claim on line @ MCOL as per 1st steps, i.e. defend all no defence at this stage so do not panic?

CCA Request ||

CPR 31.14 Request

[warwick65]

Re: County Court Claim Form Lowell Portfolio I Ltd

Hi
In addition to what Mike has suggested

When was the account opened and do you remember how it was done ( online, mail shot, something else)

I would also send a Subject Access Request to Vanquis - this will provide you with all the info that Vanquis have but maybe Lowell do not.

With a SAR you will need to send a cheque or postal order for £10 but when £2K is at stake it may very well be money well spent.

In your CPR 31.14 request to Lowell solicitors you can only ask for what is mentioned in the particulars of claim so the agreement, the default notice, the notice of assignment and the deed of assignment

Do not worry if lowell solicitors come back with a letter saying the deed is sensitive and will not be disclosed, they often do , but you have asked and you can use it in your defence

Finally
The TWO most important steps are acknowledging the claim within the time frame ( 19 days from the date on the claim form but the sooner the better) and sending the CCA request as if they can not provide that they can not enforce ( although they may well produce something)

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Hi
Thanks for your replies. I'm still trying to get my head around this without panicking

I will acknowledge the claim online and send the the CCA & CPR 31.14 requests. I will also send a Suubject Access Request to Vanquis

According to my credit file, the account start date is December 2009 but I can't remember how it was done

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

I have also received a Notice of Claim Issue from Lowell Solicitors.
It says to call them to discuss paying the outstanding balance and if I'm unable to do this, we can discuss the options for payment.
Do I ignore this letter?

[warwick65]

Re: County Court Claim Form Lowell Portfolio I Ltd

Check the dates on the notice of claim, it should have been sent some time before the claim was issued.

As you are sending the correct response to the claim you can ignore ( but keep ) that letter. I think I would mention in your defence how they did not comply with pre action protocols because the notice of claim arrived x days AFTER the claim form

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thanks for the response warwick65

The issue date on the Claim Form is 6th June. The Notice of Claim Issue is dated 12th June. I will keep the letter

Thanks again

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Today I received a letter from Lowell Solicitors confirming receipt of my letter (CPR)

It says a request has been sent to the original creditor for a copy of the agreement and default notice

They have included a notice of assignment from Vanquis that looks very suspect to me... There is no company letterhead or logo. It looks like a quick letter that anybody could have typed up

It also says that they have suspended action on the account to allow time for the original creditor to provide the requested documents

My issue date on the Claim Form is 6 June so I will have to submit a defence soon

I'm sure this is something I will need help with please

Thanks

[MIKE770]

Re: County Court Claim Form Lowell Portfolio I Ltd

if a claim form issued by the courts then no suspension of the case has taken place, Lowells have no say once they issue court claim. in your defence the issue of the documents would be mentioned as requested but not received,

Defence Example |

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thanks MIKE770

i received a letter from Vanquis in response to my SAR

They say that as my address is different from their records, I need to send proof of my current address in the form of a bank statement, council tax bill or a utility bill (original document or certified copy). Is this common practice?

Also, they didn't return my postal order... does that mean I have to pay again?


Thanks

[MIKE770]

Re: County Court Claim Form Lowell Portfolio I Ltd

No pay once only --- send them copy Council tax bill with new address and attach copy of their letter to it is what I would do if you have failed to inform them of change of address, the idiots could check CRA file for an amended address but of course Provident aka Vanquis are office down grabders. ooppssss

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thank MIKE770

i can't find my council tax bill and all of my bill are paperless as I pay by direct debit. The only one I can find is my water bill. Would that be ok to send? It says I have to send the original or a certified copy.

Thanks

[warwick65]

Re: County Court Claim Form Lowell Portfolio I Ltd

Hi
Water bill is a utility bill

Otherwise print off a bank statement and pop into branch and ask them to certify it but water should do

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thanks warwick65 i will send the water bill

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Good Evening

My defence is due by 4pm on 10/07/2017. I plan to send it online. Please can you read through what I have so far and let me know if you think it's ok

1: Ireceived the claim ****** from Northampton County Court Business Centre on 06 June 2017.

2: Each and every allegation in the Claimants statement of case is deniedunless specifically admitted in this defence.

3: This claim appears to be for a Credit Card agreement regulated under theConsumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enableme to properly assess my position with regards to the claim.

5: The Particulars of Claim fail to state when the agreement was entered into.

6: The Claimants statement of case states that the account was assigned fromVanquis to Lowell Portfolio I Ltd on 15/02/2013. The defendant does not recall receivingnotice of this assignment.

7: It is denied that Vanquis served any Default notice on the Defendantpursuant to s87 Consumer Credit Act 1974. The Claimant is required to provethat a compliant Default Notice was served upon the Defendant.

8: On the 21/06/2017 I sent a request for inspection of documents mentioned inthe Claimants Statement of Case under Civil Procedure Rule 31.14 to LowellSolicitors Ltd. I requested the Claimant provide copies of Agreement, DefaultNotice, Notice of Assignment and Deed of Assignment.

9: Lowell Solicitors Ltd has not sent these documents to me.

10: On the 21/06/2017 I sent a formal request for a copy of the originalagreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer CreditAct 1974 along with the statutory £1 fee.

11: The Claimant has failed to comply s77(1) / s78(1) Consumer Credit Act 1974and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce theagreement.

12: I have asked the Claimant if we may agree to extend the time period allowedfor filling of defence pending receipt of documents (as allowed under CPR15.5), but they have ignored my request.

13: Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim,a defendant shall be taken to require that any allegation relating to theamount of money claimed be proved unless he expressly admits the allegation.Therefore it is expected the Claimant be required to prove the allegation thatthe money is owed as claimed.

14: I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

15: In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

16: It is denied that the Claimant is entitled to the relief as claimed or atall.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed............................................ .......
Dated............................................. .......

Also, the issue date on the Claim Form from the Court is 6th June. The Notice of Claim Issue from Lowell is dated 12th June. Where can I mention in my defence how they did not comply with pre action protocols because the notice of claim arrived 6 days after the claim form?

Thank again in advance for your help