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Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***


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I have just received a notice of default from vanquis , the balance outstanding was 1900 , i used to pay via direct debit, but lost my job , and have not been able to afford payment in the last 2 months, the default now says my balance is 2464.59. about 500.00 extra charges!! and now gone even overlimit,

I have also moved addresses, don't know how they discovered my new address, i don't remember signing any agreement, and i have paid them a lot over the years in interest via repayment.

Vanquis is not on my experian credit file at all, i've checked..... can they give me a bad credit ? CCJ ?

 

I have a clean payment record, can they give me a bad one on my file even though they r not on my file lenders list ?

Edited by rita777
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I have just received a notice of default from vanquis , the balance outstanding was 1900 , i used to pay via direct debit, but lost my job , and have not been able to afford payment in the last 2 months, the default now says my balance is 2464.59. about 500.00 extra charges!! and now gone even overlimit,

I have also moved addresses, don't know how they discovered my new address, i don't remember signing any agreement, and i have paid them a lot over the years in interest via repayment.

Vanquis is not on my experian credit file at all, i've checked..... can they give me a bad credit ? CCJ ?

 

I have a clean payment record, can they give me a bad one on my file even though they r not on my file lenders list ?

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When was the last time you made payment to the account ?

 

You can make a reclaim for the refund of any charges applied to the account.

 

You say this is a "Notice of Default".. I think that is a required notice since about 2008, have you ever received a .. Default Notice.. which would have been issued in respect of s87(1) of the CCA1974 act ??

 

They can find your address any number of ways, if you have registered to vote, purchased anything on credit, mobile phone on contract, etc, etc.

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Rita, I noticed you had two threads for the same query.. have merged them so there is no confusion :)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Vanquis I believe have a policy of defaulting after

two missed payments, the default notice gives

you time to rectify the default or contact the

creditor wit a proposal to rectify, if fail to to do this

in the specified time a default WILL be placed on you

credit files and will remain there for 6 years.

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

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  • 8 months later...

Hello,

 

I am really distressed with my debt with VANQUIS, 4 years ago, they gave me initial credit limit of £250.00, its now increased to £2,250.00... i never missed their minimum payment until lwhen i went on maternity last year, i missed it twice, then i got an overlimit letter from them, they have added this and that on it ! i was paying them about £120.00 prior to then, but d outstanding never seemed to reduce !... i went into agreement with them last year august to pay £100.00 for 3 months, which i did till Nov, and then rearranged another agreement of £80.00 till last month... to my utmost disappointment the outststanding balance on my recent statement is still showing £2533.33 !!! what happened to all my payments to them !!!

 

Questions :

 

1) if i send them a SAR , can i claim all charges, and accrued interests? plus purchase and cash interest on this account ? , and offer to pay off JUST the balance on the principal amount. (although not sure if i can do this but it depends on the amount) bacause i am presently out of job.

 

2) if i had a credit agreement with them at all, it would be for the initial £250.00, i guess they kept increasing the limit so that i would not spot the NON decrease in the outstanding balance , how can i hit them back with this unsigned, credit limit ?

 

3) Can i get them to write off the entire debt ....?

 

 

 

 

Please Advise THANKS

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I can only answer on your second point, your contract will state ctredit limlit as advised from time to time, in otherwords it can be increased or decreased, if increased it is up to you if you accept their offer, if you spend it you have accepted it, so there is nothing you can do about that now.

On the third point I dont see that you can get them to write off the whole debt.

If I have been of any help, please click on my star and let me know, thank you.

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I can only answer on your second point, your contract will state ctredit limlit as advised from time to time, in otherwords it can be increased or decreased, if increased it is up to you if you accept their offer, if you spend it you have accepted it, so there is nothing you can do about that now.

On the third point I dont see that you can get them to write off the whole debt.

 

Correct....nothing doing on points 2 and 3.

 

Point 1, yes you can claim back the charges they put on for being over-limit and for late payment.

 

When you made the arrangement for smaller payments, did you not ask for interest to be frozen. If not, that is why the debt is growing.

 

If you have all of your statements you don't need to SAR them....do you have them?

 

ims

 

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Correct....nothing doing on points 2 and 3.

 

Point 1, yes you can claim back the charges they put on for being over-limit and for late payment.

 

When you made the arrangement for smaller payments, did you not ask for interest to be frozen. If not, that is why the debt is growing.

 

If you have all of your statements you don't need to SAR them....do you have them?

 

ims

 

Unfortunately, I've also got problems with Vanquis. When I made an arrangment, they would only do it for 3 months at a time and wouldn't freeze the interest. In my experience, Vanquis are extremely unhelpful and unfair.

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Hi guys ive got a similar problem with vanquis a lot of it is due to me putting my head in the sand and hoping it will go away....

 

Anyway sorry if these have been answered elsewhere i had a card with credit limit of £250 my overlimit amount is £235 i believe 90% of all of it is charges ive had an arrangement the last couple of months to pay £10 which i can afford however they still put charges and refuse to freeze interest.

 

Is there anyway ican stop them doing this? Also can i claim charges back if so can someone point me in the right direction

 

Thank you

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Hi guys ive got a similar problem with vanquis a lot of it is due to me putting my head in the sand and hoping it will go away....

 

Anyway sorry if these have been answered elsewhere i had a card with credit limit of £250 my overlimit amount is £235 i believe 90% of all of it is charges ive had an arrangement the last couple of months to pay £10 which i can afford however they still put charges and refuse to freeze interest.

 

Is there anyway ican stop them doing this? Also can i claim charges back if so can someone point me in the right direction

 

Thank you

 

Hi

 

I would start you r own tread for this but yes you can reclaim the over limit and any late payment fees. You might find your debt is wiped out by them.

 

ims

Edited by ims21

 

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Thanks for your replies .... I do not have all statements so may have to send the SAR, also i did not ask them to freeze the interest all this while cos i wasnt aware i could.... is it still possible to claim back all interest since August when the arrangement started ...... if they had agreed to this since then.. i would have repaid a substantial total amount by now ! ...

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nope

 

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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  • 2 years later...

Please Advise ... My head is all over the place .. can't even think straight !!!

 

Last year was very rough..

Was pregnant and in and out of hospital .

. had the baby in Late April 2014 ,

 

he got transfered to another Neonatal Specialist hospital for weeks .

. we ve only just got home and settling .

. now just received a claim ..

. SO SO DISTRESSED ....

 

 

The balance on vanquis was £1900.00 as at 2012, credit limit £2,250..

I Missed it twice as a result of loss of employment..

before i knew it, its gone over limit,

 

I called them up and arranged to pay £100 per month.

.. paid this for 8months

then later agreed with them again to pay £80.00

to my surprise ..the outstanding was still showing 2500..

even though they told me they would freeze the interest .

 

. I rang them up but the person i spoke with was NOT helpful at all..

I wanted to SAR them as i had even lost track of it all but a lot happened afterwards and forgot to .. I also moved addresses...

 

Now Lowell has found my new address and i ve just received a claim with the details below..

 

My questions :

 

1] I have a mortgage now, can they put a charge on it ?

or can i still stress living with parents because i'm mostly there all through the hard times and now..

 

2] I now have 3 kids.. i ve not even settled down to process my Maternity pay.. so very little to live on ..

 

3] Also if i eventually fill out the income and expenditure form ,

would they or the court demand for my bank statement ?

because I have just received a car accident insurance compensation cheque to purchase another car. ?

 

4] Can i still ask for the SAR because i have lost track of everything !

don't even know my original debt .. as i have fair credit report and don't want a CCJ ... ??

 

5] IF I make a partial admittance and agree to pay intallmentally, will i still get a CCJ ?

 

Name of the Claimant ? LOWELL PORTFOLIO

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 08/JUL/2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

= 27/07/14 and , 10/08/2014

 

What is the claim for

– the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The Claimant's claim is for the sum of £3350.00 being monies due from the defendant to the claimant

under a financial services agreement regulated by the consumer credit act 1974 between the defendant and vanquis bank limited.

 

What is the value of the claim? £3600.00 inclusive of court fees £250.00

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it

shown separate within the Particulars but not added to the debt? Yes Its included

 

Is the claim for a current or credit/loan account or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 2008

 

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. Assigned to Lowell by Vanquis

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware , or can't even remember

 

Did you receive a Default Notice from the original creditor? yes in 2012

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? don't know .. moved addresses

 

Why did you cease payments:-

Loss of job, 2 missed payments, balance still kept going up after payment arangement ... and they refused to freeze interest.

 

Was there a dispute with the original creditor that remains unresolved?

YES I remember writing them a letter but can't recollect the date . can't recollect any reply from them

 

Did you communicate any financial problems to the original creditor a

nd make any attempt to enter into a debt managementicon plan? yes please see above

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1) Yes if they get a CCJ the Claimant could apply for a Charging Order over your house regardless of where you are living.

 

2 & 3) The Court may ask you to prove your finances but take a letter about your insurance claim to show where that money has come from but only if asked by the Court.

 

4) Yes you can do a SAR anytime.

 

5) A part admittance will automatically get you a CCJ for the admitted amount. The only way not to would be to defend all.

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Thanks ..

 

Defend all ? Please how do I do this ? on what criteria should i make an offer ? .. Should i contact lowell or vanquis ? is the CCJ still avoidable at this stage ?

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If Lowell are the claimant then they are the owner and any offer should be made to them.

 

It doesn't look to me as though you do have any basis to defend - but others might disagree.

 

The only thing I would be disputing is the amount of hte claim. It seems to have doubled ? Do you know if there are any default charges - was there any card protection or payment protection insurance added to the claim ?

 

You have a strict timeline that needs to be kept to..

 

Issue date 8th July 2014 + 5 days for service = 12.07.2014 + 14 days to acknowledge = 26.07.2014 + 14 days to defend = 09.08.2014

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks ..

 

Yes it has ridiculously doubled which is why I said I would admit partially ..

but if it would still get me a ccj what is the best way to approach this pls ?

 

Like I previously stated I don't even know the initial balance .

. the last I knew was 2500 which I was disputing because they didn't freeze interest how it all went up to 3600 is just unfair !!

 

PLS HOW DO I GO ABOUT IT?

I know I have a short time .. which is why I m here to know the steps to take ..

so I don't make any mistakes. .. thanks

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I have also read here that one should not speak to Lowell on the phone regarding a case like this

.. but my representative is suggesting we call them within the time limit on the phone to agree a figure

... Please what is the implication ?

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" I have also read here that one should not speak to Lowell on the phone regarding a case like this .. but my representative is suggesting we call them within the time limit on the phone to agree a figure "

 

Representative?

We could do with some help from you.

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" I have also read here that one should not speak to Lowell on the phone regarding a case like this .. but my representative is suggesting we call them within the time limit on the phone to agree a figure "

 

Representative?

 

Sorry.. meant advisor friend ...

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Hello..

 

. I have taken the time to look search through my papers file and found some letters .

.. I NOW HAVE AN INTENTION TO DEFEND THIS CLAIM ..

 

. I found a letter dated 10/01/13 by C.A.R.S , Credit account recovery solutions ltd...

 

The subject states :

SETTLEMENT OFFER of which they requested within 14 days to settle the account in full (50% discount)

or three equal monthly instalments to settle the account in full (30% discount).

 

I never responded to anyone as per this .

.. and then I found another letter dated 02/01/2014 from HAMPTONS Legal

 

..It states they are preparing an application for a CCJ or may issue a statutory demand which may result in bankcruptcy..

 

. then another letter dated 02/04/14 ... stating

'' I have been directed to serve you with a statutory demand issuedunder the insolvency act 1986 on behalf of the creditor ,

i have already attended your address on the 02/04/2014.. ..

i will attend as above on 08/04/14 to personally serve you a statutory demand..

. signed in c/o P & A Receivables services plc.

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