Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

**jaguarsuk** · 10th October 2017, 14:51:PM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Originally posted by DeeS77 View Post

Received a claim? Yes
Issue Date: 21-9-2017
Amount approx: 3000
Claimant: Lowell Portfolio
Solicitor: Lowell Solicitors Limited
Original Credit: Vanquis

Particulars of Claim:

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Hi, I hope you can help, I just want to make sure I'm doing the right thing?

I only received this letter yesterday, although it was dated 2 weeks ago, assuming a postal issue.

Last night I went online and acknowledged the claim, now I just go ahead and send the CCA request to claimant and then CPR 31.14 to the solicitor? I'm assuming it's best to send these recorded delivery.

Also, I'm not sure if that this statute barred or not as Noddle only seems to go back to 2015 for me and this is far older than that, although unsure how I can check the date.

Hi and Welcome

Follow this guide to work your way through with the process to form your defence, send off the CCA request and crack on with a CPR 31.14 request to the solicitors asking for the original Agreement and the Notice/Deed of Assignment. You don't have to send them recorded and a proof of posting receipt will be enough.

Something else you can do is a Subject Access to information request to the original creditor under the Data Protection Act 1998 and you can ask for everything they hold on you including letters, statements and notices. They have 40 days to comply, so it's unlikely you'll get it back before the deadline to send in your defence. However, it may turn up something useful for the next phase of proceedings. This will likely establish the last payment date and when it was defaulted to allow you to see if it could be stat barred.

All you do is write them a letter and send a cheque/postal order with “DPA 1998 Stat Fee Payment ONLY” written somewhere on it. If you can do it today that's probably best and here is a guide which includes a template letter.

**DeeS77** · 14th October 2017, 15:31:PM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Thank you so much, I've sent off my letters

**DeeS77** · 23rd October 2017, 20:16:PM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Thanks for all your help so far.

So my final date for them to come back to me with proof etc is tomorrow I think (24th) and as of yet, I've heard nothing from them, although they did cash my £1 cheque a few days ago.

I need to log my defence by tomorrow, I think I should be logging the below with them on Moneyclaim.

QUESTIONS:
1) I think this MIGHT be statute barred? TotallyMoney.com says that this account went into default on 4/10/2011, but the letter from Lowell Solicitors was dated a week or so before that, does this matter? I didn't physically get the letter however til the 6th, afterwards and I acknowledged the claim the same day,

2) I think the below response is correct, could someone please advise on the bits highlighted in steps 12/13/14 what I should change and if I should mention step 14 at all?

1. I received the claim XXXXXXXX from the Northampton County Court on 6^th October 2017.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for/ appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is denied] that the Defendant has entered into an agreement/agreement with Vanquis for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

8.The Claimants statement of case states that the account was assigned from Vanquis to Lowell on 30/06/2015. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

10.On the 06/10/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Lowell Solicitors Limited has not sent any of these documents to me.

12.On the 06/10/17 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

15.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 the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

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

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
Encls.

**jaguarsuk** · 24th October 2017, 05:49:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

All looks good for me, but [MENTION=87380]Diana M[/MENTION] or [MENTION=6]Amethyst[/MENTION] could you cast an eye?

**Amethyst** · 24th October 2017, 07:41:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Morning.

Regarding being Statute Barred - if your default was 4/10/2011 and the claim issue date is 21/9/2017 then they do seem to have just got in before it went statute barred ( the issue date is action ) However your last payment would have been what, two/three months prior to default - so there could be an argument there so I would include the SB paragraph as a back up as it's an extra thing for them to evidence against. As you found out the dates yourself from checking your credit file then I wouldn't mention date of default or anything and leave that to the claimant to figure out.

For the Consumer Credit Act parts you want to use s.78 - as that is for running credit ( ie credit cards) - s.77 is for fixed sum loans.

Para 14 - if you used the standard CPR letter that included the paragraph about extension of time but had no other conversation on extension with the claimant, and they didn't mention it in their reply then change the end to ''failed to respond'' then end ( remove the last sentence bit in brackets ) - so........... allowed under CPR 15.5), but they have failed to respond.

**DeeS77** · 24th October 2017, 08:11:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Thank you so much everyone for clearing up my questions - I'll be logging my defence later today.

**jaguarsuk** · 24th October 2017, 08:28:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Good stuff, keep coming back to update us and we’ll all continue to help where we can.

**DeeS77** · 24th October 2017, 19:44:PM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Okay, so I got home and no response still from them so I've just submitted my defense online.

**DeeS77** · 30th October 2017, 10:33:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

So now I've received a letter from the courts stating that they've received my defense.

Also had a letter at weekend from Lowell stating that they need more time to find the documentation. They listed out a very feeble list of debits made without dates etc, not even half what I asked for, along with a photocopy of letter of transfer of debt.

What are my next steps if they state they either can't find all that documentation or I don't hear again, how long do I wait?

**DeeS77** · 1st November 2017, 12:53:PM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Does anyone know if there is a way to have this somehow struck out now or will the case just remain open if they continue to not provide what I need?

**DeeS77** · 8th November 2017, 09:29:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Hi sorry to ask again, but does anyone know what the next steps are if they're unable to produce the documentation?

**MIKE770** · 8th November 2017, 09:31:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

ignore lowells their problem follow any further court instructions, if as you say you submitted defence and court acknowledge it then lowells have to respond by certain date or the case gets stayed and they would need to pay to unstay it

**DeeS77** · 8th November 2017, 09:33:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

Thank you, how do you when it gets marked at stayed? Ideally I want to get it off my credit report together, is there a way to do that?

**MIKE770** · 8th November 2017, 09:38:AM

Re: Court Claim - Lowell Portfolio / Vanquis - 21-9-2017

no as long as a default took place & a true record then it stays for 6 years England/Wales or 5 years Scotland

Court Claim - Lowell Portfolio / Vanquis - 21-9-2017