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Thread: Lowell goaty22

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  1. #1
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    Lightbulb Lowell goaty22

    Hi all,

    I received a court claim from LOWELL through COUNTY COURT BUSINESS CENTRE

    Issue date: 02 March 2017
    Amount: 500
    Claimant: LOWELL PORTOFOLIO
    Solicitor: LOWELL SOLICITORS
    Original creditor: Vanquis

    This account has been defaulted June 2011 and i cleared half the amount with another credit agency (original amount was for one thousands pounds).

    Last payment to the other credit agency was in 2012.

    LOWELL claiming that they have bought this from the other credit agency in 2013.

    What are the options open for me here as i did not acknowledge or admitted anything yet and it look like i am running out of time!

    Your quick replies will be appreciated.

  2. #2
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    Default Re: Lowell goaty22

    Hi Goaty22 & welcome to LB.

    First thing to do is acknowledge the claim with the court asap.
    If you don't do so within 19 days of the claim issue date you risk a default judgement.
    Then send a CCA request (CCA s78 is the applicable one) +£1 fee to Lowell Portfolio.
    & a CPR 31.14 request to Lowell Solicitors.
    See the green boxes at the top of this thread - full instructions & template letters there.

    It is also a good idea to SAR the original creditor (Vanquis) asap for all the data they hold.
    Link to SAR - http://www.legalbeagles.info/forums/...ur-information

    It would also be an idea to post up a copy of the Particulars of Claim (or type verbatim), removing personal data. (Without permanently defacing the claim form).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
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  3. #3
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    Default Re: Lowell goaty22


  4. #4
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    Default Re: Lowell goaty22

    Thanks Charitynjw and mike770,

    Please see below for the particulars of the claim:

    1. The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis under account reference numberxxxxxxxx (the agreement).
    2. The defendant failed to maintain the required payments and a default notice was served and not complied with.
    3. The agreement was later assigned to the Claimant on xx/xx/20xx and notice given to the defendant.
    4. Despite repeated requests for payment, the sum of xxxx remain due and outstanding.
    And the claimant claims
    a) The said sum of xxxx
    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assigment to the rate of issue, accruing at a daily rate of 0.xxx, but limited to one year, being£xx.
    c) costs

    I will keep you updated.

  5. #5
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    Default Re: Lowell goaty22

    Documents to request via CPR31.14

    Consumer Credit Act (CCA) regulated agreement
    CCA Default Notice
    *Notice of Assignment
    *Deed of Assignment

    *I'm guessing that the debt was assigned by Vanquis directly to Lowell Portfolio.
    If not, then ask for all intermediate Notices & Deeds.

    Your defence will be due latest 4pm 4th April, provided that Lowells fail to accept the 28 day extension offered via your (forum template) CPR request.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  6. #6
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    Default Re: Lowell goaty22

    The debt was not directly assigned to them. I only heard from them few weeks ago.

  7. #7
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    Default Re: Lowell goaty22

    Quote Originally Posted by Goaty22 View Post
    The debt was not directly assigned to them. I only heard from them few weeks ago.
    So who (name) was/were the other assignee(s)?
    & when did you originally commence the agreement?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  8. #8
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    Default Re: Lowell goaty22

    It was Moorcroft and the agreement with the original creditor commence in December 2010. The last payment to Vanquis was in May 2011.

  9. #9
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    Default Re: Lowell goaty22

    Ok

    I've only had dealings with Moorcroft in their debt collection capacity as an agent of debt 'owner' (though I think they may be debt purchasers in their own right as well).
    If the latter you should have received an assignment notification to that effect.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  10. #10
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    Default Re: Lowell goaty22

    Is it normal for the MCOL website to be temperamental!!! Even though i am using the right user ID and password, it keep rejecting it.

  11. #11
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    Default Re: Lowell goaty22

    Quote Originally Posted by Goaty22 View Post
    Is it normal for the MCOL website to be temperamental!!! Even though i am using the right user ID and password, it keep rejecting it.
    unfortunately yes ... it might be easier if you give them a ring tomorrow morning xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Default Re: Lowell goaty22

    Will do. Thanks.

  13. #13
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    Default Re: Lowell goaty22

    Hi all,

    Quick update:

    They said they will place the "account" on hold until they receive the requested agreement, statements and default of notice from Vanquis.

    They said that they will will not send me the Deed of Assignment as it is a confidential agreement between their " client" and the original creditor (Vanquis).

    I do not know what client they are talking about here as they also send me a Notice of assignment from Vanquis saying that the account is now owned by LOWELL and dated 2013. I can guarantee you that this letter is fake and the SAR request will unmasked them.

    Even though they placed the account on hold i think i should still submit my defense within 28 days.

    Thanks.

  14. #14
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    Default Re: Lowell goaty22

    account is not on hold and lowells know it, the court process goes on lowells try that hoping to get a CCJ by default but you know better do you Not?

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    Default Re: Lowell goaty22

    Thanks MIKE770.

    That is what i though. I will give them until the end of the month before submitting my defense.

    I do not mind paying this debt as i already clear half of it in the past once i am better financially but i will only return that money to either Vanquis if they are going to accept it or i will give it to a charity. I will make sure that LOWELL do not get a penny of that debt.

  16. #16
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    Default Re: Lowell goaty22

    vanquis if you did that would give it to lowells who own it now.

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    Default Re: Lowell goaty22

    Thanks for clarifying it Mike770! It will have to go to a charity in the future then.

  18. #18
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    Default Re: Lowell goaty22

    It will have to go to a charity in the future then.
    Thanks, Goaty.
    Usual arrangements.....brown paper bag, used tenners, leave in the pre-arranged secret 'drop'
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  19. #19
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    Default Re: Lowell goaty22

    Thanks Charitynjw, i will remember once i get LOWELL off my back.

    Is there a donation area on this website? I have not seen it. If not there should be one for the great service available here.

  20. #20
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    Default Re: Lowell goaty22

    Please check my defense as i am going to send it online tonight:

    I received the claim ####### from the Northampton County Court on xx xxx 2017


    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

    4: It is admitted that the Defendant has previously entered into an agreement with Vanquis for provision of credit.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    5. It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    6: On the 09th March 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to LOWELL Solicitors. I requested the Claimant provide copies of the Agreement, Formal demand, Default Notice and Notice of Assignment.

    7. LOWELL Solicitors has failed to send me copies of the Agreement, Formal demand and Default Notice requested.


    8 The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974.


    9 In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.


    10 I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.


    13 Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


    14 I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.



    15 In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.



    16 It is denied that the Claimant is entitled to the relief as claimed or at all.



    Statement of Truth



    The Defendant believes that the facts stated in this Defence are true.

  21. #21
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    Default Re: Lowell goaty22

    I have not heard from Lowell since they send me the dodgy notice of assignment. I did not receive the agreement, default notice , statements as well as a genuine copy of the notice of agreement requested. I have now sent the defense letter online and by post.

  22. #22
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    Default Re: Lowell goaty22

    Nothing from Lowell and the court yet. Is this normal?

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