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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Lowell - Default ? old vanquis debt


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Hiya,

 

I am currently paying Lowell for a defaulted vanquish credit card debt.

(No issues there really, I owe it and pay less to Lowell than vanquish with no interest)

 

However Lowell have now decided to add that I am in default with them via the credit reference agencies.

(I have nothing relating to the original Vanquis default on any CRA file)

 

Can Lowell say that I am in default with them even though I pay and am up to date when actually I was in default with Vanquis ?

 

Hope that makes sense?

 

Cheers

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has this ever shown on your CRA file?

 

you say its not there now?

 

how old is this debt

when did you take the card out?

 

what made you start to pay lowlife..you fell for the threat-o-grams?

 

have you ever sent them a CCA request to check they have the LEGAL RIGHT to demand money from you?

 

something smells here

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If vanquis registered a default then all lowell can do is substitute their name .

 

Do you have a notice of assignment to lowell?

 

Did they send you a default notice or intention to file a default?

 

What is the default date on your credit file?

Any opinion I give is from personal experience .

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Thanks for the quick replies,

 

I originally defaulted with Vanquis about 12 months ago, But there has never been ANY record of my account with them with the CRA's

 

(I started with a standard Vanquis card then was upgraded to a Gold Card- at this time the original card shows as settled and then nothing else from Vanquis has ever shown on the CRA's reports)

 

I decided to start paying Lowell about 4 months ago (through choice, I owe the money so should pay it back somehow) and a default has appeared on my CRA for May of 2013.

 

 

Yes I did have a letter of assignment etc and it does relate correctly to what I owed vanquis.

 

Cheers

Edited by enrico.balazar
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I knew I'd ready something somewhere (From Lowells website) .

It is likely that your original creditor will have registered a default with regard to the outstanding debt on your credit file.

When the account is purchased by us, we are legally required to transfer the default into our name.


So if there was no registered default by Vanquis - then Lowell cant add a default as long as I am within my agreement with them ?

Who do I contact, Lowell or the CRA's ?

Cheers

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are you saying the account was NEVER on your cra file?

 

and IS now showing

please be clear.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Clarification please, in post 5 you state the original card show as settled (on CRA Files?), and now shows on CRA with Lowell?

 

The ''settled'' entry will have been when Lowell acquired the debt after which the original entry would be removed and Lowell will report to the CRA and must show the original default.

 

So as far as I can see the entry is correct.

 

Out of interest which CRA are you using.

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Brig, if the default is recorded as happening in May 2013 it cannot be correct, as the account at this time would have been owned by Lowell. Lowell were not in a position themselves to default the account.

 

But it’s best to check with enrico again – can you confirm that Lowell have recorded a default that BEGINS in May 2013, rather than simply taking over an old default? What is listed as the actual default date – is it May 2013, as you stated? This is important.

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So the true default date is 30th April 2012 as shown above NOT December 2013

 

You are reading the status history the 2013 is the start of th is years status history NOT a later default date and has not yet been updated with this years status from January 2103 onwards.

So the entry appears correct!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I am confused as hell. Where does it say April 2012.?

I think that what the op was saying is that when his card was upgraded they marked his original account as settled. Not the time of sale.

Has a post been removed?

 

If not maybe the OP could post his credit file entry.

Any opinion I give is from personal experience .

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I am confused as hell. Where does it say April 2012.?

I think that what the op was saying is that when his card was upgraded they marked his original account as settled. Not the time of sale.

Has a post been removed?

 

If not maybe the OP could post his credit file entry.

 

I would appear that the OPs post showing the CRA file details has been removed, it clearly showed the APRIL date.

 

May have had personal data???

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No posts have been removed by the Site Team although the OP did edit his post #11.

 

Thanks ims, it's just left later post out of context.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I've never mentioned April 2012 ! I edited post 11 for date accuracy.

 

Simply put, the default has never showed on my CRA files until May 2013 when it has been added by Lowell with a default date of 30th April 2013.

 

Account type

Credit Card

Account number

************9415 0

 

Account start date

24/07/2008

 

Opening balance

£ 3,522

 

Repayment frequency

Monthly

 

Date of default

30/04/2012

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Last entry above clearly shows default date 30/04/2012 not 2013 what you are reading is the status history as previously advised, December D. 2013 D history not up dated.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry - Just realised it said 2012!. Old age creeping in

 

So, Its OK for Lowell to show that I have a default with them even though I never had a default registered by Vanquis?

 

I only started paying Lowell about 4 months ago and have not missed any payments with them (if that makes any difference)

 

Cheers

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Vanquis are not known for selling accounts with out them being defaulted, the dates seem right for default and sale D.D April 2012.

 

My intuition tells me that between the settled card and the reporting of the upgraded card the default was placed and the account sold.

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Hmm,

I think the settled card is a bit of a red herring - It's marked as settled in Aug 2009 when I did a balance transfer between my old Vanquis card and the new Vanquis card that then defaulted.(different account numbers)

However since the settlement in 2009 the has been no record of ANY vanquis transactions on my CRA's - its as if I never has the new card!

Hence my query about Lowell adding the default now

 

Cheers

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Vanquis always when upgrading cards mark credit files on the 'original' card as settled when the balance on the old card ids transferred to the new card.

 

I don't think there is any further I can advise, unless you seek archived credit reports for the period the data is missing, the default will have already been place before Lowell acquired the debt.

 

You could expend £10 on a SAR to Vanquis.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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OK thanks but as a last throw of the dice, I keep a reasonable eye on my CRA files, and I know that there has been no recorded activity at all (even when I was paying them) for this defaulted card and no default ever registered by Vanquis - So if I can prove this, then Lowell have acted improperly by registering a default in their name for an agreement that I never had with them?

 

Thanks for your advice. :-)

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OK thanks but as a last throw of the dice, I keep a reasonable eye on my CRA files, and I know that there has been no recorded activity at all (even when I was paying them) for this defaulted card and no default ever registered by Vanquis - So if I can prove this, then Lowell have acted improperly by registering a default in their name for an agreement that I never had with them?

 

Thanks for your advice. :-)

THE SAR is your way forward!!

Good luck, please keep us posted on developments.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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