I will read the guide as I don't know what the HCSTC product is It was a debit card and all the details have changed like security code and end date etc

Thank you so much - I will have a look at those rules I'm going to stay up till midnight on Tuesday and move my pay to another bank account as soon as it hits just in case but I'm reassured by you saying the card being cancelled will stop them. I'll write to my bank again and ask them to confirm the have cancelled the CPA although if they have ignored the last two letters obviously this won't get action by Wednesday so I will call them as well.

Before I took the step of cancelling my card I wrote twice to my bank asking them to cancel the CPA (letter delivered to branch and given to cashier in person both times) They have ignored this and allowed payments to go out so I cancelled my card Now I don't know what to do - if the bank ignore me again and they take the full balance I am screwed I'm now tempted to give them back the access and let them take the normal monthly repayment. My bank are useless and I get paid on Wednesday so time is short to get them to resolve this. They don't seem to have been able to take the monthly minimum amounts so I though stopping my card had solved this but clearly not

I have a loan with Safety Net Credit I have changed my on line banking details, cancelled my debit card and ordered a new one so they can now not take money form my account or view my balance. I have had an email from them today saying if I don't restore the access for them they will attempt to take the full balance due on my pay day. If I do restore the access they will only take the minimum payment I don't trust them to only take the minimum if I restore access and I am going to email back suggesting a repayment plan, paying by DD or through payments to their bank account so they don't have access to just help themselves to my money My question is Can they still get money out of my bank when I have a new bank card and the old one they have details of is cancelled? I'm scared they are going to be able to just take what they want despite the card being taken Does anyone know if they can? Thank you

Ok thanks I will contact them then and try to get a Tomlin order and a payment plan Thanks for all your help with this

Hmm that doesn't sound promising But the first time the Claimant has evidenced the debt is in the court bundle. They have not provided any evidence to me except now in the papers for the court

It goes on to the Assignment of Debt Heading Which says "The rights and benefits of the Agreement were duly assigned from the Originating Creditor to the Claimant by way of a debt of sale agreement dated 18/12/13 The Claiman'ts Claim against the Defendant is for the outstanding sums under the agreement which remain due and payable". Then it goes on to my defence, their response and their conclusion Would it help if I typed all of those up? Thank you for looking at this

Should I jsust cave and ring Lowell and sort a payment plan? I don't want to end up with a CCJ and loads of costs added on

I don't know if this is of any significance BUT Both the letter from Vanquis saying they have sol dmy debt to Lowell and the letter from Lowell saying they have bought my debt from Vanquis are sent on the 26th of December 2013. Neither have any logos on. The one from Vanquis is just a plain A4 white sheet - no address for Vanquis, no title for the person sending it, nothing. It looks fake. Am I over thinking it to find it funny BOTH letters went out Boxing Day and the Vanquis one has no logos, address or job title from the sender?

This is the Witness Statement I have prepared so far. If any could offer any advice or guidance on if it is ok I would be incredibly greatful INTRODUCTION 1. I am the Defendant in this case. 2. I make this witness statement in preparation for the small claims hearing fixed for 19th December 2014 at 10:00. 3. Within this statement I make reference to various documents. These are now produced to me in a paginated bundle marked “SB1”. DEFENCE 4. Throughout 2014 I have been in receipt of threatening letters from Lowell Portfolio 1 Ltd (the Claimant). 5. I have not been clear on what this alleged debt is for. I wrote to the Claimant on the 9th of January 2014, requesting that they provide me with a true copy of the credit agreement relating to the account, in accordance with s.77/78 of the Consumer Credit Act 1974. A copy of this letter is produced and marked SB1 [1]. 6. I received no reply to this letter. 7. I wrote again to the Claimant on the 26th of February 2014. A copy of this letter is produced and marked SB1 [2]. 8. I received no reply to this letter. 9. I wrote to the Claimant again on the 15th of April 2014. A copy of this letter is produced and marked SB1 [3]. 10. I received no reply to this letter. 11. I wrote to the Claimant again on the 4th of August 2014. A copy of this letter is produced and marked SB1 [4]. 12. I received no reply to this letter. 13. On 4 separate occasions the Claimant has failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the alleged account. On the 9th of January 2014, the 26th of February 2014, the 15th of April 2014 and the 4th of August 2014 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. 14. The Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before the Claimant enters into a default situation. This limit has expired. The Claimant failed to comply with my requests, and as such the account entered default on the 23rd of January 2014 and remains in default. 15. The document that the Claimant was obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, the Claimant was also obliged to send me a copy of that and no such document was sent. 16. Section 77(6) of the Consumer Credit Act states: If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As the Claimant has failed to comply with a lawful request (on 4 separate occasions) for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursued will is both UNLAWFUL and VEXATIOUS. 17. It is my belief that as the account is in default, the Claimant is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. 18. On the 11th of November 2014, I received a copy of the Claimants Witness Statement and Bundle. This contains a Notice of Assignment (RK1 [1-3] allegedly sent to me on Boxing Day, 26th December 2013. I did not receive this letter. 19. The bundle also contains a letter from Vanquis Visa, dated 12th of August 2014. This letter does not contain the original terms and conditions of the agreement or have a signature. It contains merely a screenshot of an on-line application for a credit card. 20. The letter claims to be in response to information I have requested from Vanquis Visa. I have made no such requests to Vanquis Visa (RK1 [4-6], only to the Claimant Lowell Porfolio 1 Ltd. I was not aware the debt being chased by the Claimant was in relation to Vanquis Visa as the Claimant has not at any time supplied me with details of the debt, or the original credit agreement or the terms and conditions of the debt, as required by the Consumer Credit Act of 1974. 21. The letter supplied by the Claimant in the court bundle (RK1 [4-6]) does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, in Schedule 6 Column 2 of SI 1983/1553: A Amount of credit A term stating the amount of credit B Repayments A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following- (a) Number of repayments; (b) Amount of repayments; © Frequency and timing of repayments; (d) Dates of repayments; (e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. C Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement D Credit limit This may be a term or the manner in which it will be determined or that there is no credit limit. For a Running Account (credit card) agreement BC and D are applicable 22. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states “127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).” 23. This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is respectfully drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. CONCLUSION 24. In the first instance, the Defendant request that the court exercises its discretion to strike out the Claimant’s Claim as the Claimant has on 4 separate occasions failed to comply with a Statutory Request under the Consumer Credit Act of 1974, thereby entering into a default situation. The Claimant is not permitted to enforce the agreement whilst the default is in place. Therefore I maintain this account has become unenforceable at law. 25. Alternatively the Defendant requests that no Judgement be entered against her at the hearing fixed for this matter. 26. The Defendant also respectfully requests that the costs of and occasioned in the dealing of this matter be settled by the Claimant. 27. The Defendant believes the facts in this statement are true.

Yes, the letter says the Ts and Cs would have been produced at inception. My defence really is that Lowell have never ever given me any detail of what the debt is for untill recieving the court docs. I'm not sure if that helps me in any way

Thank you I have sent 4 letters to Lowell on this matter over 2014 asking for a copy of the original credit agreement but had no reply. There is a screen shot of my online application to Vanquis in the court bundle, but no terms and conditions. There is a letter from Vanquis in the court bundle saying they cannot give me a hard copy as it was an internet application - again there are no Ts and Cs, just a screenshot

Name of the Claimant ? LOWELL PORTFOLIO 1 LTD Date of issue – COURT DATE SET FOR 19TH DECEMBER. WITNESS STATEMENT AND BUNDLE FROM BW LEGAL RECEIVED TODAY What is the claim for – CLAIM OF THE CLAIMANT IS FOR PAYMENT OF THE PRINCIPLE SUM OF £808 BEING THE BALANCE OF MONISE DUE AGAINST A CREDIT CARD AGREEMENT BETWEEN THE DEFENADNT AND VANQUIS BANK LTS ("ORIGINATING CREDITOR/ VANQUIS") The rights and benefits of the Agreement were duly assigned from the Originating Creditor to the Claimant by way of a debt of sale agreement dated 18/12/13 The Claiman'ts Claim against the Defendant is for the outstanding sums under the agreement which remain due and payable THE AGREEMENT WAS SET UP AND SERVICED BY THE ORIGINATING CREDITOR UNDER THE ACCOUNT NUMBER XXXXX What is the value of the claim? £808 Is the claim for a current or credit/loan account or mobile phone account? OLD CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. LOWELL Were you aware the account had been assigned – did you receive a Notice of Assignment? NO - THOUGH THEY HAVE SENT A COPY OF A NOTICE OF ASSIGNMENT DATED 26/12/13 Did you receive a Default Notice from the original creditor? NO - THOUGH THEY HAVE SENT A COPY OF A DEFAULT NOTICE DATED 21/02/13 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments:- HARDSHIP Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Thank you

Just to add a timeline I have pieced together from their court bundle: 25-4-2011 - Internet application to Vanquis made 05-08-2012 - Last activity on card by me 21-02-13 - Default letter from Vanquis 16-06-13 - Last charges added to account by Vanquis 26-12-13 - Notice of assignment from Lowell Not sure if that helps at all