County Court claim: Lowell (vanquis) vs me: is it status barred or not?

[JanetC]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Thank you Warwick, so affter I receive and send back the Direction Questionaire, I will have to send a Whitness Statement and ask in it to get from Lowell The deed of assignment?
How do I get the WS, the Court will send it to me?
All the papers I have send to the Court and Lowell are templates taken from this forum, I have read lots on here but I`m still not very accustomed with everything I need to do, especially with some of the terminology used and particulary with the law, thank you to all who are helping.

Meanwhile I`ve found a detailed instructions how to upload images/documents on here, so i`ve uploaded them again. That website I used to upload them is not a pishing site btw, I got the same message when I tried to see them but just ignored it.

Thank you again to all who are helping me and others

[JanetC]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

And this is the letter I received from lowell yesterday and the first page of the vanquis contract (who has lots of missing pages, they are blanks instead and few pages are doubles), wich I can`t really read without a magnifier ...

Shall I write to Lowell Solicitors, asking them for a clear full copy of the Agreement? Or shall I mention this in the Whitness Statement or when/where?

[warwick65]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Hi

First thing

Do not write to lowell and ask them for a clearer copy

I will try to look at the attachments later but for now

The process you are in runs a particular way.

You complete the DQ and return it , original to the court and a copy to Lowell solicitor. Tick yes to small claims track and yes to mediation

I think it then goes
A judge looks at it and says it is suitable for mediation, you then get the chance for mediation where it is a 3 way phone call, the mediator on a line to you and also Lowell but you dont hear what lowell say and vice versa . They will try and say we want all the money and you will either say words to the effect of sod off , or you might make a counter offer - lets say for example £100 at £1 a month for 100 months - then negotiation but you dont have to agree

If you don't agree a judge will then send out directions which will usually be to file a witness statement and all documents you intend to rely on by a certain date before a hearing


Long way to go before that and people will help you with it

However it might never ever get that far so try not to stress

[warwick65]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Hi just had a quick look

It looks like they have sent you a copy of the agreement that you requested in CPR 31.14 but they have not replied to your CCA request

However , more importantly
That IS NOT a S87(1) default Notice ( unless there was more with it that you haven't posted

If we get to the WS , you will explain you did not receive a S87(1) DN and what they have supplied is not one

https://www.legislation.gov.uk/ukpga/1974/39/section/87

have a look at S87 and also S88 , it might make no sense to you but it can be explained
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

These three wise people might be able to explain it better than I can

Above all try not to stress- it is a long and winding road

[charitynjw]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

A proper CCA s87 Default Notice must conform to
http://www.legislation.gov.uk/uksi/1...chedule/2/made

The one posted clearly does not.
But it does appear to be a covering letter, with 'something else' attached or enclosed.

[warwick65]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Morning [MENTION=5553]charitynjw[/MENTION]

The above default letter is identical (apart from the amounts) to one I received . There was no extra letter and the back was just a method of payment.

Interestingly as well, on both if you look at the necessary payment it would still have left the account over the credit limit and whilst I realise some would say this prejudiced vanquis and not the debtor it is still wrong IMO

I know my Vanquis account was closed by Lowell although it was done 'on a commercial' basis without liability blah blah blah

[JanetC]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Hello everybody, I`m totally confused now, I`m going to attach here all the papers I received from Lowell, if they didn`t send me what they should have, that`s great

[JanetC]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

I received my DQ today, it says I have to send it back by 20.11.2017. Do I send it to get to the Court and Lowell right on 20th or I can send it anytime before that?

Also, how do i answer to these questions?

D1 Hearing venue: Do I ask to be transfered to a court in my city or they will do that anyway?

D3 Witnesses: do I put 0 or 1 in the box? Am I a witness or not?

Also, shall I ask for an interpreter? That helps me or not?

[charitynjw]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Q1....put your local court or one that is most convenient.

Q2....Yes, you count yourself as a witness if you are attending the hearing. Unless you need other witnesses to attend, put 1.

As for an interpreter, do you think you need one? They can't (or shouldn't) assist with legal advice.

[JanetC]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Hi Charity, thank you for answering, I will put 1 in the witness box an ask for a local court.
I don`t need an interpreter but I was asking just in case is better to have one.

Also, do I send the DQ to get to the Court and Lowell right on 20th or I can send it anytime before that?

[warwick65]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

The date is a deadline so it can be sent anytime before that.

[JanetC]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

Hello, I`ve send the Directions Questionaire to the Court and Lowell on 6th of November and I just got a phone call from the Court (I think), asking me if I got their email regarding the mediation (I didn`t).
I asked him to send me another email, wich he said will do and will call me back later.
What`s that call about and what should I say?

[MIKE770]

Re: County Court claim: Lowell (vanquis) vs me: is it status barred or not?

they will ask if you have all the documents required to continue case - if not they will state mediation not suitable and hand the case back to court, or if say you wanted to come to an agreement say pay or offer a sum to settle that would be the time to mention, most are cases whereby no paper work which had been requested then case goes back to court