*** DISCONTINUED *** Court Claim - Lowell / Vanquis - 18-8-2017

[Hamdam]

Received a claim? Yes
Issue Date: 18-8-2017
Amount approx: 3426.10
Claimant: Lowell
Solicitor: Lowell Solicitors Limited
Original Credit: Vanquis

Particulars of Claim:


Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
My husband encouraged me to open this credit card and assured me he would settle the account. He did not. In 2009 I called Vanquis to explain what had happened and requested help by freezing the account and allowing me to set up a payment plan as I would be leaving the country and would not be able to correspond further with them as the country I was going to would leave me with very limited online access and no reliable postal address (Iran)
Vanquis refused saying that until the account went into default they could do nothing. My son agreed to open any post and make payments on my behalf in lieu of money he owed me. My son made a couple of payments but then stopped.
When I returned to the UK in 2013 I was extremely poorly (mental health) and was unable to work or take control of my own affairs I relied heavily upon family. I had no home and was housed by my local authority. I was in no fit state to open post let alone deal with contents of any letters. I have worked very hard to get well and have managed to secure a small 20hr per week job so that Im not benefit dependant but I have only been in work for 2 months and cannot pay this debt.
Any advise would be greatly appreciated The stress of this is once again making me ill I don't want to loose my job because I get poorly again.
Thanks for reading

[MIKE770]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

First Steps |CCA Request Letter || CPR 31.14 Request Letter

[Celestine]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

By the sounds of your circumstances, you are struggling to cope with this problem; which is entirely understandable.
Did you read the guide that Mike posted above?
From what you've told us in your post, if your son made payments to the account before 2013, then it is highly likely the account is time barred under The Limitation Act 1980 which prevents enforcement after 6 yrs of non contact. Are you 100% certain of your dates? If so, it is a relatively easy job to defend, but I am concerned that your mental state may make this very difficult for you.

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

Thank you so much fir your reply. I have been struggling with problems at work to which are taking a toll. I did read tge guid you mentioned and followed the advice. I have now received a Notice if propsed allocation to the small claims court from th court.
I havent received the requested documents from lowell so not sure what to do now. I have until 30th of this month to respond to notice. Please any imput ?

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

Thanks Mike

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

I've now received a court date 18th Dec via the fast track system I gave no idea what to do please advise what actually happens at court I've never been to court before.

[warwick65]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

Fast track or small claims track? It does make a huge difference

It is hard to say what to do as there is no mention of a defence or anything else
[MENTION=87380]Diana M[/MENTION] can you help

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

Hello
It's small claims track.
The last payment made on the account was 04/06/2012

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

I have to submit any witness statements to the court I have no idea what to say to the court.

[warwick65]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

You use your WS to expand on your defence. It's difficult to say more as there are very little details on the thread regarding what you have sent or the contents of your defence

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

Below is my original post there is more detail there


http://legalbeagles.info/forums/show...quis-18-8-2017

I haven't received a copy of the default notice mentioned by Lowell in their court application. Not sure if this makes a difference.

I have to submit a witness statement by the 14th Dec and from what tge court doc says the judge will then set a hearing date if only this coukd be delayed for 6 months as I think the claim would be statute barred as it would be over 6 yrs since last payment on the account made on my account by my son in my absence.

[Diana M]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

I have to submit a witness statement by the 14th Dec and from what tge court doc says the judge will then set a hearing date if only this coukd be delayed for 6 months as I think the claim would be statute barred as it would be over 6 yrs since last payment on the account made on my account by my son in my absence.

Sadly not (unless I’ve misunderstood the legal timetable) because the Statute Barred clock stops ticking once a Claim has been issued.

When was the last payment made and what is the Claim Issue Date?

You may have other legal arguments though.

What did you plead in your Defence?

Di

[Diana M]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

The last payment made on the account was 04/06/2012

If the last payment was made in June 2012 and the claim was issued in August 2017 then the debt will not be Statute Barred (unless you live in Scotland?).

You say you need to file a Witness Statement by 14th December and after that the court will set the hearing date. However in post # 6 you say that there's a court date on 18th December.

If there is a Hearing on 18th December then normally the WS must be filed 14 days before (i.e. 4th December).

Have a look at that letter (Notice of Allocation/Hearing?) to see exactly what it says so you don't miss an important deadline.

I have to submit a witness statement by the 14th Dec and from what tge court doc says the judge will then set a hearing date

I've now received a court date 18th Dec via the fast track system I gave no idea what to do please advise what actually happens at court I've never been to court before.

Have you received a copy of your credit agreement in response to your s 78 CCA Request?

Di

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

Hi I've checked the court letter it says
Notice of allocation to the small claims track (hearing)

I don't know where I got the 18th of Dec from as the notice actually says to provide by 4:00 on the 14th Dec :witness statements.
It goesbon to say that then a hearing date and venue and allocated time will be set

Hope that makes sense

- - - Updated - - -

They have send a copy of the agreement and a 'digital signature application ' copy

[Hamdam]

Re: Court Claim - Lowell / Vanquis - 18-8-2017

I submitted my witness statement to the court 2 days ago by hand.
Today I received a notice of discontinuance submitted to the court by llowells ...I hope that means this is over ?