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

[beaconsman]

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

Just wondered, any good?..

[nemesis45]

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

Are all of the documents requested mentioned in the Particulars of Claim?

[beaconsman]

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

PoC
The claimants claims for the sum of £304 being monies due form the defendant to the claimant under a store cards agreement regulated by the CCA 1974 between the defendant and vanquish bank under acc ref.....and are assigned to the claimant on 05-09-2014 notice of which has been given to the defendant. (er, no it hasn't!)
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 (not it wasn't, never received it)..
The claim includes stat interest pursuant to sec 69 of the county court act 1984 at a rate of 8% per annum at a daily rate of 0.05% from the date of the assignment of the agreement to 13-01-2015 being an amount of 6.55

[nemesis45]

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

OK CPR can only ask for Agreement/NOA/DN. I would specifically ask for the " store card agreement" I don't think Vanquis are involved in store cards.
nem

[beaconsman]

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

Don't know why they put that in the PoC, it was a Credit card..

[Amethyst]

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

because they are penis's

[beaconsman]

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

ok, so what is my course of action? Change the CPR for "Store card" agreement as to the PoC onto 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.

would this part not cover the "agreement"?..surely it is up to them to find the store card agreement..(they wouldn't would they as there wouldn't be one anyway...not for a store card anyways...

[beaconsman]

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

MCOL not working, was hoping to submit AoS online but it keeps saying, claim no or password incorrect..bit suspicious..

[Amethyst]

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

MCOL works when it feels like it - give them a buzz in the morning.

The Money Claim Online Helpdesk experiences a high volume of calls. Please consider e-mailing your query to: MCOL@hmcts.gsi.gov.uk or call us on 0300 123 1057.


And I would just ask for agreement.... we can mention the store card bit later.

[beaconsman]

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

OK doke, just done the envelopes with addresses and post in notes saying what goes in them! I'll get a Postal Order tomorrow so they will catch last post..then guess its a waiing game to see what they chomp with re a VALID cca..signed by me?..6 years ago, and a notice of assignment, default etc...none of which i have received and mentione in their PoC...

Postal Order made out to Lowell Portfolio 1 Ltd crossed and to be used only for the cca fee written on it?

[spirit2534]

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

account start date 31-01-08
date of default 12-06-09

stay at home dad (no income) supported by my wife, responable for a 4 yr old, 3 yr old and 12 yr old.
Open uni student as well.

No different to a stay at home mother.

You shouldn't be a ashamed, men & women are the same, as women keep telling us..

[beaconsman]

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

Im not ashamed, just wish this would go away, was hoping to catchup on studies..have a long week ahead. Got the letters all ready to go though, sticky notes on each reminding what goes where and postal order etc..so AoS will be sent recorded. CPR will be sent to BWLegal recorded and CCA (with postal order for fee) sent to Claimant,Lowell Portfolio 1 Ltd..hope this all ok, just need the dates now as to how long I have to wait for replies ..if i get any response at all.

[Amethyst]

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

You should get replies CCA within 12+2 days, and the CPR within 7 days - you probably won't so the deadline you are keeping an eye on is your defence date.

What are you studying?

[beaconsman]

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

Amethyst
"Your defence isn't due in until 33 days from the date printed on the claim form as issue date ( 15th Jan I believe) so you have till Tuesday, February 17, 2015 "
So basically wait of the CCA and the CPR response, and hope to file a decent defence by this time,,? (February 17 2015..) just getting right in my head, have an assignment due for Open Uni Midday 16th!

[beaconsman]

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

Was reading a BEng now switched to a BSc..1st module of year 2 (part time)