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

[nemesis45]

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

As long as it was signed for that's fine.
So Claim issued 15 Jan 2015.
AOS done 19 Jan.
Intention to Defend Done.

BW now BW say that they will apply for summary judgement on 4th Feb. is that correct?

What are you going to relay upon for a defence?

[beaconsman]

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

BW Legal
"If you do not reply to us or reply to the County Court Claim, we may enter a CCJ agains you after 4th February 2015.

Call us immediately on..... and one of our helpful agents can set up an affordable payment arrangement for you"

Aw how sweet. Tell you what, get the CCA first, as I want to see my signature on an agreement for a store card with vanquis..



Yes, I was told I have until 17th Feb though?

My defence, not sure yet, I scribbled a few things down, CCA request non compliant?
Never had a store card in my life
Dont recognise the account no..?
Never received a Default notice prior to the Claim being issued. (letter before action not issued therefore not combining with practice direction?)
The claim form isnt signed by wet ink only by the company in font.

[nemesis45]

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

Certainly a basis for a defence.
Debt unknown
Never had a store card


DN would have been sent by Vanquis at the time.

Wet Ink not necessary.

What's the default date?
Last Payment date?

nem

[beaconsman]

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

Default date is 31-10-2013

First and only Default on CF is Dec 2014.
Last payment not sure, as made redundant in Aug 2012. It wont be Sb'd as its the only recent one on my CF. (Should I CCA vanquis also?)

Re account numbers. If they don't match, is that seen as an absolute defence also as the PoC refers to an account number that I have no idea about and certainly not a store card. So the CCA that lowell will have to find wont ever exist?
(I know one account number with vanquis as I have found a statement from Sept 2013, we had a water leak and a lot of documents were lost).

Acc no on CF entered by Lowell in Dec 2014 is incorrect also.

[beaconsman]

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

CCA was signed by Lowells yesterday with a scribble. Has a printed name as well.

So its 12+2 days from yesterday for them comply which would give me a week (ish) to file my defence?

Re the default entered on my account by lowells in dec 2014, this is the only default entered regarding this account.

It is also incorrect.

Could I cca Vanquis anyway and see what they come up with? I just need clarification in regards to account numbers as I believe lowells are trying it on with an unrecognised account. If this is the case, can i request the entry be removed by lowells?

I know it's only a small amount of money that they are claiming for and it its taking up time to trace everything and get letters sent out etc but I do not want a default judgement entered against me for what seems like a paltry sum of monies.

Am I correct in assuming if the account no is wrong, if and when it goes to small claims hearing, that will be a substantial defence?

[nemesis45]

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

Yes you can CCA Vanquis.
Is the Lowell 2014 CRA entry date the date the file was updated by Lowell or is it the actual default date, if it is the default date I suspect something is wrong.
You can state in defence that the account number is not recognised.
nem

[beaconsman]

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

Letter received today (22nd January 2015) from BW Legal dated 19th January 2015.

Exactly the same as the one dated 16th January (received on the 21st January)...just filed it away.

BW Legal
"If you do not reply to us or reply to the County Court Claim, we may enter a CCJ agains you after 4th February 2015.

Call us immediately on..... and one of our helpful agents can set up an affordable payment arrangement for you"

[beaconsman]

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

Lowell bought the debt from VAnquis in Sept 2014. The only entry by lowell on the account no is Dec 2014 entered by Lowell, nothing else on my CF in relation to this account.

[nemesis45]

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

Entry must show "default date"/date "defaulted" and "default sum"

nem

[beaconsman]

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

default date was 31-10-2013

Only entry is Lowell Dec 2014 DF. Nothing else in previous months in 2014 and nothnig showing in previous years at all on this account no.

Just found balance history as £222.

Principal debt shown on letters from BW legal is £222-40p

Guess that part is correct.

[beaconsman]

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

Can i just clarify, CCA sent to Lowlifes 19th January 2015. Received by Lowlifes 21st January 2015.

As nothing specifically is mentioned in the PoC for CPR31.14, I am just waiting now on 12 working days from the 22nd January (the day after receipt) in response to my CCA request to lowell. So they until Friday the 6th February for the 12 working days. Gives me plenty time for the defence to go in if they don't comply.

CPR response is working days and that was received on the 20th January, so 21st being the first day making it Thursday 29th January for a response or compliance date for that.
Between this and reading about design I'm going stir crazy!
Again, thanks all. Beacons.

[beaconsman]

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

Anyone?

[nemesis45]

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

12 + 2 working days for CCA 7 days for CPR.

[beaconsman]

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

OK Thanks Nemesis. Will wait and be in touch.

[nnbirtwistle]

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

Just been through this whole process with Lowells and Carters and the thing to do is defend as they will not send you a copy of the agreement, make sure you agree for mediation which is farcial.

Days before the court case they will discontinue as it will cost more than you owe for them to send someone to your local county court for at least a day.

Carters and Lowells are a business and if it is a little amount they will try to get a CCJ in default against you and after you defend they know that it will not be finacially viable to take you to court pure cost benefit anaylsis.

It takes about nine months in total but whatever you do do not offer to pay or acknoledge the debt with Lowells or Carters as they will use this in mediation even though they have not sent you a copy of your credit agreemnet.

Good luck and hold your nerve as you will get more letters and threats from Carters but just ignoe them they are all just standard letters they send to everyone.

As for defence just tell them you know nothing about it and prove it even if they can they will not turn up at court for such a pawltry amount.