Hi All - VANQUIS / LOWELL / BW LEGAL

[Shibbytay83]

Hi there - newbie here, looking for help with a BW legal county court claim!

[charitynjw]

Re: Hi All

Hi Shibbitay83, welcome to LB.

Tell us more!

[Shibbytay83]

Re: Hi All

Hi Shibbitay83, welcome to LB.

Tell us more!

Hi Thanks! I'm just filling in the form with all the details but keep getting "Legal Beagles Message

The message you have entered is too short. Please lengthen your message to at least 4 characters.


Any ideas? nothing is blank that I can see

[Amethyst]

Re: Hi All

I don't know, I've had that a few times when filling in the form - seems to be if you paste text in rather than type.... silly thing it is, I need to sort out fixing it at some point.


Just quote my post and put the answer in there - might be simpler for you.

Have you received a County Court Claim form?*

What is the ISSUE date printed on the Claim Form?*



Who is the original creditor?
eg: Lloyds / Egg / Swift

Who is the Claimant?
eg: Lowell / Arrow Global etc

Who is the Claimant's Solicitor?
eg: B W Legal / Restons etc

Please type out the Particulars of Claim:
The description of the claim from the front of the claim form

What is the approximate amount of the claim?
eg: £1500 / £8000 etc

Is the Debt...:

• Credit Card
• Loan
• Hire Purchase
• Overdraft
• Mobile Phone contract
• Other

Have you done any of the following since receiving the claim?

• Acknowledged the Claim
• Sent a CCA request
• Sent a CPR 31.14 request

Do you believe the debt is Statute Barred?

• Yes
• No

ie. is it over six years since you last made a payment or acknowledged the debt.

Any other information.:
eg. Do you recognise the debt? Any specific issues with it?

[Shibbytay83]

Re: Hi All

I don't know, I've had that a few times when filling in the form - seems to be if you paste text in rather than type.... silly thing it is, I need to sort out fixing it at some point.


Just quote my post and put the answer in there - might be simpler for you.

All as below - thanks!
Have you received a County Court Claim form?*
Yes

What is the ISSUE date printed on the Claim Form?*

31/7/17

Who is the original creditor?
eg: Lloyds / Egg / Swift

vanquis

Who is the Claimant?
eg: Lowell / Arrow Global etc

lowell

Who is the Claimant's Solicitor?
eg: B W Legal / Restons etc

bw legal

Please type out the Particulars of Claim:
The description of the claim from the front of the claim form

The claimants claim is for the sum of £1497.68 being monies due from the defendent to the claimant under a store cards, credit cards agreement regulated by the consumer credit act 1974 between the defendant and vanquis bank plc under account reference xx and assigned to the claimant on 4/9/14. Notice of which was given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.


The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of £0.33 from the date of assignment of the agreement to 4/9/15 being an amount of £120.78



What is the approximate amount of the claim?
eg: £1500 / £8000 etc

£1800

Is the Debt...:

• Credit Card
• Loan
• Hire Purchase
• Overdraft
• Mobile Phone contract
• Other

Credit card

Have you done any of the following since receiving the claim?

• Acknowledged the Claim
• Sent a CCA request
• Sent a CPR 31.14 request

No


Do you believe the debt is Statute Barred?

• Yes
• No

ie. is it over six years since you last made a payment or acknowledged the debt.

No
Any other information.:
eg. Do you recognise the debt? Any specific issues with it?

I recognise the debt but wonder if the paperwork is in place given the discount offers 50% they offered just last month.

[Amethyst]

Re: Hi All

Thanks for doing that

Sooooo..... First Steps >>> Acknowledge a Claim ( within 14 days from receipt - just tick intend to defend in full - do not contest jurisdiction and don't fill in any defence details - this simply extends the time you have )

then send a couple important letters - first the CCA Request Letter to Lowell and the the a CPR 31.14 Request Letter to BW Legal
CPR letter can ask for AGREEMENT, TERMS, NOTICE OF ASSIGNMENT and DEFAULT NOTICE ( as they are all mentioned in the POC)

Check your dates (add 33 days onto the issue date 31/7/17)

and keep your thread here updated with any responses you get.

Sadly 50% is quite a standard pre-court offer - they probably paid around 10% for the debt, so if they can get 50% in before the hassle/expense of a court claim, it's easy money for them, so don't read too much into that.

Any idea around about when you opened the account with Vanquis ?
The particulars of claim says store cards/credit cards ? I didn't know vanquis did store cards - any ideas or is it just a typo ?

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Hi
In addition to the S78 request to Lowell and the CPR request to BW legal I would also send a SAR to Vanquish.
In the CPR letter while you should ask for the notice of assignment I would also be asking for the the assignment as well- this would be the deed and ypu can then use their non response in your defence - a complicated area but worth looking at

This should provide you with info such as the date the default notice was sent, the date the account was sold . Now these details may be the same as Lowell say but may not be - if they are not they can be used at a later date to discredit their evidence , for example if they say it was assigned on the 4/9/14 but the SAR from vanquish says it was sold on 10/9/14 - well it questions the legality of the assignment but again it is a complex area so don't go telling them what evidence you have until you have to.

vanquish are also not terribly good at Default Notices - do you by any chance have any of the paperwork that was sent in the past - again you may have the NOA or the DN

Dear Sirs
Ref: xxxxxxxx
Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.
Yours faithfully,

[Shibbytay83]

Re: Hi All

Ok defense entered - I'll fire the letters off tomorrow or Friday. I think the account opened in 2011 I can check properly when I get home tomorrow. I think the last payment would have been late 2011 or very early 2012 which I imagine is why they've filed the claim now.

it was definitely a credit card, it's details like that which make me wonder how tight their paperwork is. I remember applying and getting the "we need to review your application further" message which has always been a decline letter previously but then got a phone call a few days later. However I don't recall signing an agreement unless it was electronic in the application.

I know now I had PPI on the account - I assume I'm best leaving that well alone for now?

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Hi

I don't really know much about PPI but it is likely you did sign the agreement electronically as part of the application form. Sadly these days they do not need to prove a compliant signed agreement existed.

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Ok so both letters were signed for by the same person on 14/8/17

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

All you can do now is wait

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Ok so both letters were signed for by the same person on 14/8/17

Ok so I've just had a BW legal letter advising me that their client has notified the court that they will be pursuing the claim. I guess this means they believe they're documents are in place?

[MIKE770]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

they usually do this and continue, only at the last minute do they decide they have a case, it is more of a letter to let you know & try to unsettle you in order that you give in, of course you are not???

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Ok so I've just had a BW legal letter advising me that their client has notified the court that they will be pursuing the claim. I guess this means they believe they're documents are in place?

Hi
As Mike says- not at all.
If you read around the forum you will see countless claims that have been discontinued either at Witness statement stage ( one I know of for over 10K) and some almost on the steps of the court, Then you get the cases that are lost by the claimant

It is a case of see who blinks first although there are occasions that you have to be realistic and do what is best for you.

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Hi
As Mike says- not at all.
If you read around the forum you will see countless claims that have been discontinued either at Witness statement stage ( one I know of for over 10K) and some almost on the steps of the court, Then you get the cases that are lost by the claimant

It is a case of see who blinks first although there are occasions that you have to be realistic and do what is best for you.

So just a thought the CPR request gives them 7 days from the 14/8 - I've received nothing as yet do I need to act?