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

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    Hamdam's Avatar

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

    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

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


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    Default 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.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    Hamdam's Avatar

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    Default 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 ?

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    Hamdam's Avatar

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

    Thanks Mike

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    Hamdam's Avatar

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    Default 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.

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    warwick65's Avatar

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    Default 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
    @Diana M can you help
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Hamdam's Avatar

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    Default 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
    Last edited by Hamdam; 4th December 2017 at 19:43:PM. Reason: More info

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    Hamdam's Avatar

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    Default 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.

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    Default 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
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Hamdam's Avatar

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    Default 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.

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    Diana M's Avatar

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

    Quote Originally Posted by Hamdam View Post
    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
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Diana M's Avatar

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

    Quote Originally Posted by Hamdam View Post
    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.

    Quote Originally Posted by Hamdam View Post
    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
    Quote Originally Posted by Hamdam View Post
    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
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Hamdam's Avatar

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    Default 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

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    Hamdam's Avatar

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    Default 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 ?

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

    well done

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    Diana M's Avatar

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

    Quote Originally Posted by Hamdam View Post
    Today I received a notice of discontinuance submitted to the court by llowells ...I hope that means this is over ?
    Yes it does

    Well Done You!

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Amethyst's Avatar

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

    Quote Originally Posted by Hamdam View Post
    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 ?
    Ah ha Congratulations Yes that should be the end of it now.

    Great news actually considering this...
    They have send a copy of the agreement and a 'digital signature application ' copy
    I'll mark your thread as Discontinued xxxxx
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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    Hamdam's Avatar

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

    Just want to thank everyone on this forum the moral support has been as valuable as the legal advice so good to know there is a community that cares enough to share their time experience and knowledge restores my faith in humanity. Thank you .

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    justiceforall's Avatar

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    Default Re: *** DISCONTINUED *** Court Claim - Lowell / Vanquis - 18-8-2017

    Excellent news - I'm glad for you.

    Question on the Discontinuance... could this debt be brought for a claim against the defendant again in the future?

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    Default Re: *** DISCONTINUED *** Court Claim - Lowell / Vanquis - 18-8-2017

    The debt is still owed just can't be perused through the courts so pretty much gone, done and dusted and the statute barred time continues as if the claim was never made.

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    Diana M's Avatar

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    Default Re: *** DISCONTINUED *** Court Claim - Lowell / Vanquis - 18-8-2017

    Quote Originally Posted by justiceforall View Post
    Question on the Discontinuance... could this debt be brought for a claim against the defendant again in the future?
    Since the OP has already filled their Defence the debt owner (or any subsequent assignee) cannot issue a new claim based on the same or substantially the same facts, including any legal arguments pleaded in the OP’s Defence which were not in the POC, without making an Application to the court for permission which they’re unlikely to get.

    If the OP hadn’t filed a Defence then the debt owner could re-issue.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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