LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

[stayingpositiv]

Your AAD Forum Username

stayingpositiv

Name of Claimant

LOWELL PORTFOLIO 1 LTD

Name of Claimant's Solicitors

BW LEGAL

Claim Issue Date

11 October 2016

Who Signed the Claim Form?

The Solicitor Firm (i.e. Joe Blogs Solicitor)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

14 October 2016

Details of Claim

VANQUIS CREDIT CARD LIMIT WAS AROUND £300. DEFAULTED SEPT 2014. NEVER ACKNOWLEDGED DEBT. CLAIM SENT TO OLD ADDRESS, RECEIVED VIA REDIRECTION. CORRECT ADDRESS DETAILS SUBMITTED ON AOS.

CLAIM AMOUNT: £395.61 CCA ACT1974
DEBT ASSIGNED 30/9/14 ACCORDING TO CLAIM.

CLAIM INCLUDES STATUTORY INTEREST SECT 69 AT 8%/Y FROM DATE OF AGREEMENT (30/9/15)??? AT £32.94

I HAVENT RETAINED ANY DOCS AFTER A RECENT HOUSE MOVE. NEVER REQUESTED SAR OR CCA.

[Never-In-Doubt]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Have you even done a formal CCA request? If not i'd be doing one asap.....

** if and when this thread picks up we will then move it into the secure section but for now best leave it public so you can get the help you need. Certainly until you start with any defence etc

[Spud]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Definately get a CCA request typed up tomorrow and ready to send off first thing Monday morning with a Postal order and sent recorded first class or even guaranteed next day if you can afford it

That may well be the best £1 you ever spend as you need the CCA ( Or lack of ) as a big part of your defence to beat this

Just asking for this could stop the claim from progressing

[Never-In-Doubt]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

No it won't stop the claim progressing however without a CCA we can't argue any breaches properly so it's best we get one as that will then provide points to defend the claim which right now, we don't have.

We can't, for example argue missing PT's if there was never a request made to establish they were missing.

[Spud]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

My Bad, I meant progressing all the way to court ( As in if they cannot produce it or we can find errors etc)

[Never-In-Doubt]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

If they can't produce it we'd use that as a defence and push for discontinuance. If they can and do produce it, we'd hopefully find faults then use those in the defence; again hoping for discontinuance.

* If they discontinue AFTER we filed the defence they'd not be able to reclaim under the same line.

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Awesome, thankyou both for clarifying this! I'm heading down to the post office this morning to send the CCA off, I cant tell you how grateful I am to you for helping me with this... whatever the outcome its reassuring to have someone who knows what they're doing on the team!! More news to follow no doubt

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Sending Advanced SAR also

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

(should the SAR be to Vanquis or Lowell?)

[Never-In-Doubt]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

SAR goes to the creditor, Vanquis..... but not sure I'd bother as that gives them 40 days and the case will be done and dusted before then

[PlanB]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Details of Claim

VANQUIS CREDIT CARD LIMIT WAS AROUND £300. DEFAULTED SEPT 2014. NEVER ACKNOWLEDGED DEBT. CLAIM SENT TO OLD ADDRESS, RECEIVED VIA REDIRECTION. CORRECT ADDRESS DETAILS SUBMITTED ON AOS.

CLAIM AMOUNT: £395.61 CCA ACT1974

When did you open this account?

I've taken a peek at your Diary thread and on 28th March 2013 you posted this but it's not clear as to when the credit card was actually opened or even if it's the same one:

available credit: £300 Vanquis Credit Card... tempted to use this as the cupboards become empty

Could it have been as early as April 2007 or before?

Plan B x

[PlanB]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

I'm heading down to the post office this morning to send the CCA off

You now may need to head back to the post office to send a CPR 31.14 Request to the solicitors named on the Claim Form (B W Legal). There's no fee to pay.

I suggest you get a proof of posting from Royal Mail or better still send it by Recorded Delivery.

There's a CPR 31.14 Template Letter here but you must edit to suit your own circumstances. Include the fact that you've sent a CCA Request to the Claimant (Lowell Portfolio) in Paragraph 2 of this letter >

http://forums.all-about-debt.co.uk/s...l=1#post495048

You'll see this Request asks for more things such as the Default Notice, NOA and statements (so you can check those charges etc).

Plan B x

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

You now may need to head back to the post office to send a CPR 31.14 Request to the solicitors named on the Claim Form (B W Legal). There's no fee to pay.

I suggest you get a proof of posting from Royal Mail or better still send it by Recorded Delivery.

There's a CPR 31.14 Template Letter here but you must edit to suit your own circumstances. Include the fact that you've sent a CCA Request to the Claimant (Lowell Portfolio) in Paragraph 2 of this letter >

http://forums.all-about-debt.co.uk/s...l=1#post495048

You'll see this Request asks for more things such as the Default Notice, NOA and statements (so you can check those charges etc).

Plan B x

Thanks Plan B, sounds like a good idea. so, do i need to also edit this bit?

1. TheAgreement & any associated Terms & Conditions applicable tothe account;
2. The Notice of Assignment;
3. TheTermination Notice;
4. The Default Notice
5. Anyother documents mentioned in the Particulars of Claim

with no.5 i don't think they have mentioned any other documents in the claim...

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

not that long ago, probably more like 2013/14 I think. this one wasn't listed on my diary initially

[PlanB]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

not that long ago, probably more like 2013/14 I think.

Okay, that may narrow down your legal arguments under s.78 CCA but there may still be other failings.

Send the CPR 31.14 Request and see what comes back.

If you can find a reason to file a Defence at court the Claimant will then be asked if they intend to continue with the proceedings.

If they don't inform the court within 28 days then the claim will automatically be stayed (a pause button).

If the Claimant tells the court that they want to fight on then you'll be sent a Directions Questionnaire. On that form you'll be given the opportunity to tick the "Yes" box for free telephone Mediation. This is an opportunity to reach a settlement which is legally binding but not a CCJ.

Plan B x