**CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Tried doing the AoS on line through MCOL, wont accept the claim no/password...?

[Amethyst]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Have you signed up for government gateway ?

See http://www.legalbeagles.info/forums/...313#post499313

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Yes, done all that, got the number from MCOL etc ...

[Amethyst]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

okay, will have to post it in then, or give MCOL a ring tmw and find out why you can't get on - it is useful to do it online as you can submit your defence that way too.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

I put the gateway ID in and password, lets me log in as me, but when i type claim no and password as on the front of the N1, says claim no or password not valid?....

[Amethyst]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Okay, give MCOL a ring tmw, might be a good idea in case there's some kind of issue with the claim.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Ok, tried logging again and cant..

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

To whom do I make out the postal order too? I I know its Lowell, but is it another company name?..I Have done the cca letter and the CPR 31.14. I hope they are ok.
I have ticked the box stating I intend to defend on the AOS..

[Amethyst]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

If the claimant is down as Lowell Portfolio or something then put that.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Ah ok so its the Claimant..which will be Lowell Portfolio 1 LTD..
Is it ok to post the CCA request here and the CPR or should i just sent off..Spent 6 to 7 hours researching this yesterday, missed karate today as a bit too stressed about it all and my concentration would be lacking..

[Amethyst]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Bless you, really try not to get too stressed over it, this is likely to be with you for a couple months yet.

If you would prefer us to look at the CCA and CPR before you send, to set your mind at rest, then that's fine, post them up ( leave off your personal details tho) .

What's likely to happen is you'll get a reply off B W Legal saying the CPR request is not valid as it's small claims track, to which we reply, yes it is, grumble grumble, and they won't send you any documents. Lowell will reply (possibly) saying they'll get the agreement from the original creditor but they don't see why you need it as you'd have had it when you took out the agreement etc etc blah, and we'll reply saying sorry sunshines, legally you need to produce it else you can't enforce this debt.... and they'll ignore us.

Then we'll ask them for an extension and they'll probably refuse, so we'll put in a defence saying 'no evidence, no cca, no documents' and the judge will either say ' oi lowell get some docs or bog off' or come to a hearing and we'll discuss it, in which case we'll complete a directions questionnaire so it is moved to your local court centre and see what happens from there (by then it will probably be April)

Just keep us up to date any time you get a letter from the claimant/solicitors or court and we'll help you much as we can. If it look like they have the docs and they are compliant then we can look at negotiating settlement without getting a CCJ on your record.

Hope that helps a little bit with what to expect from here anyway

[Kati]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Lowell will reply (possibly) saying they'll get the agreement from the original creditor but they don't see why you need it as you'd have had it when you took out the agreement etc etc blah, and we'll reply saying sorry sunshines, legally you need to produce it else you can't enforce this debt.... and they'll ignore us.

they might try saying they have 40 days to produce it too (which they don't, it's only 40 days for a SAR request) it's a lot less :tinysmile_twink_t2:

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Hi, yes, Thank you, I am a lot better today and see it in a different light, I am not allowing them to gain a default judgement on my credit file, I have struggled to get my file cleaned up (up to now) and i thought after June this would drop off (SB'd) my file. Then this N1 comes through on Saturday. I have had no notice or letter before action or default notice. I will CCA Vanquish also and see what happens there..

OK i have emailed them my wife who can print them at work for me tomorrow in time for last post etc. Both recorded and signed for....?

Stupid question, I haven't included my address on the cpr or the CCA letter? Should I or will they this on file anyway...?

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

CCA letter
My name
Address
Postcode
Date

Claimant address

Dear Sirs,


Dated 17^th January 2015
Re: Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:



· a copy of their agreement
· copies of some of the other documents mentioned in their agreement
· a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:



· make the debtor pay the debt before they're supposed to
· get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

CPR letter

Dear Sirs,



CPR 31.14 Request

On 17^th January 2015 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:



1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The formal demand
4. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.



If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully