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

[beaconsman]

Received a claim? Yes
Issue Date: 15-1-2015
Amount approx: 304
Claimant: Lowell
Solicitor: BW Legal
Original Credit: Vanquis

Particulars of Claim:
The claimants claim is for the sum of £303-95 being monies due from the defendant to the claimant under store cards agreement regulated by the consumer credit act 1974 between the defendant and vanquish bank limited under acc ref.......
and assigned to the claimant on 05-09-14 notice of which has been 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 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 assignment of the agreement to 13-01-2015 being an amount of £6.55

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
CPR will be Sent recorded mon 19th Jan 2015
CCA sent recorded (with £1 fee) on mon 19th Jan 2015 Postal order crossed and made to Lowlifes, with only to be used for stat cca fee"..
AoS will be sent Monday 19th Jan 2015
I intend to defend the claim.

[nemesis45]

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

Hi Welcome,
1. Statute Barred: The 6 year clock stopped on the date the claim was issued.
2, Query on POC: "store card agreement" ?? Is this not a straight forward credit card account?#
3. What us the default date?
4. When did payments cease?
5. When was the account opened?

[nemesis45]

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

Responding to PM,
What is the problem in responding here please?
If you have sensitive personal data please PM me and I will respond on the open forum.

nem

[nemesis45]

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

Responding to PM.

The Limitations Act 1980 " 6 year clock" stops on the date a CC claim issued.
Rather than wait for a default judgement think is there anything you can defend the claim on?
What is the start date?

What is the default date? Important!!!

[Amethyst]

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

[MENTION=60657]beaconsman[/MENTION] - have sorted out your account and emailed you to let you know Welcome and apologies for the system not doing its job xxx Sharon

CPR will be Sent recorded mon 19th Jan 2015
CCA sent recorded (with fee) on mon 19th Jan 2015
AoS will be sent min 19th Jan 2015
I intend to defend the claim.

SOunds like you are on top of thngs to get started defending this xx

CPR should ask for the agreement, default notice and notice of assignment.

[beaconsman]

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

hey, i can reply now, wasn't being funny but I honestly couldn't! (hence the pms!)

[beaconsman]

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

account start date 31-01-2012
date of default 31-10-2013



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.

[Amethyst]

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

This is an odd bit to put in a claim ''a default notice has been served and complied with.'' Surely if a default notice had been complied with payment would have been made to bring the account up to date thus no default. Odd. lol.

(just being picky)

[beaconsman]

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

I have called them (BW Legal) but to no avail. I let a cci go on my account in 06 under default as we moved and British Gas got me for £39! I wold like to go through the process as I was terrified when the claim form arrived yesterday. (saturday). IS the likelihood in anywise I would get a judgement, and should i still send off the AOS, CCA/CPR requests?..bearingin mind I haven idea about payments as since have swapped banks but I know I couldn't afford to pay it off and certainly cant afford much as I dont ear, so inthrone my wife would be paying it off. Just wondered on my course of action.

I have already started compiling a defence, I will post up later, been a bit worried about this and my credit was shot, and was slowly and surely getting there, only thing i have is mortgage (up to date) and mobbed phone contract (vodafone) since 2010 up to date. no loans etc...

Obviously If a default notice had been issued i would tried to comet some arrangement rather than let it go to this stage, They have forced my hand so I intend to defend it..

Few things, CPR request goes to the solicitors (BWLegal) recorded? (will be Posted tomorrow)
CCA to Lowell recorded (with £1 fee) (will be posted tomorrow)
AoS Recorded to Nottingham Court? (posted tomorrow to Nottingham court address, 4th floor St Katharines street etc..)
Need help with dates for defence etc..Claim was issued 15th Jan 2015 (arrived Saturday, yesterday)
Just making sure I admiring everything correctly.

[nemesis45]

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

This is an odd bit to put in a claim ''a default notice has been served and complied with.'' Surely if a default notice had been complied with payment would have been made to bring the account up to date thus no default. Odd. lol.

(just being picky)

There is also " store card agreement" as far as I know Vanquis do not provide these.??

[Amethyst]

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

You know what I don't think they did - weird.

beaconsman - get the claim acknowledged, and the CCA and CPR letters sent off. We have a way to go before we need to make a decision on a defence. There's definitely issues here, and I haven't seen all that many credit agreements from Vanquis come back. 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

[beaconsman]

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

thanks you for all your help. I will get the letters sent off tomorrow after the school runs. Was supposed to by uni catchup this weekend, been looking over forums for advice, hope I have done ok so far.

[nemesis45]

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

thanks you for all your help. I will get the letters sent off tomorrow after the school runs. Was supposed to by uni catchup this weekend, been looking over forums for advice, hope I have done ok so far.

Start date/ default date? May be very important.
nem

[beaconsman]

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

Acc start date was 31-01-2012
date of default 31-10-2013

I am going to go and try relaxing now, I will post all the letters (Cpr, CCA and AoS) tomorrow, presumed by recorded (and signed for?) thanks again all.

[Amethyst]

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

Yes recorded is a good idea, and sign the letters. Remember the £1 postal order in the CCA letter.

You could do the AoS online at moneyclaimonline, save you a stamp.