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Lowell/BW claimform - old Vanquis card - a case of fraud ***Claim Dismissed***


josborn
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Oh well tough on them

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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Loving the fact that BWL in point 13 state that the statement of account 'is clear and ambiguous' - these are supposed to be educated people drafting these statements FFS!

 

Much of what is in the WS is simple copy and paste from templates - with no referral to any facts contained in your communications with them. Consequently their laziness will be their undoing. They issue many many thousands of these claims every week so they do not bother with details - it is a pure numbers game

 

The fact that they have paid the hearing fee is largely irrelevant - they usually do pay but in the face of a plausible defence they often discontinue rather than pay a fee for somebody to attend

 

If it were me I would bullet point the obvious errors - the number of times that you have told them they are chasing a fraudulent debt and invite them to discontinue

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Well I have not received a notice of discontinuance, so I am off to court on Monday. I am dreading it. Wish me luck :-(

 

 

On another note, BW Legal have issued another county court claim, which I received this morning, for a loan with another company that I have never heard of! I have started a new thread for that.

 

 

God knows how many debts there are in my maiden name that I know nothing about.

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Still time....some cases they fail to serve a notice on the defendant and when you get there its vacated...check with your court before setting off.

 

 

Andy

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Still time....some cases they fail to serve a notice on the defendant and when you get there its vacated...check with your court before setting off.

 

 

Andy

 

Andyorch is completely right... Lets see what happens here...

KEep us posted.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Well that was no fun at all!!!

 

 

Their solicitor played really dirty. He asked for my defence statement to be thrown out, accused me directly of fraud and claimed that I was throwing every possible defence at them to see what stuck!!

 

 

The judge found in my favour, thankfully.

 

 

Even after that the solicitor asked for £500+ in costs. He claimed that I had wasted the courts time! He wouldn't look me in the face at all throughout.

 

 

I really did not enjoy that.

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Well done josborn delighted for you.

 

Perhaps expand a little as to why the Judge found in your favour for the benefit of other users following your thread?

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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Thank you Andy.

 

The judge found in my favour mainly because I took a copy of my tenancy agreement (it is a council one so it is a proper one), which showed that I lived at the address that I do live at and have since before the credit card was taken out at the fake address.

Their solicitor said "well she must have two addresses".

 

 

The judge said that he did not have enough evidence to show that it was me who took the credit card out because all they had was my name on the application form, all the other information was false.

 

The solicitor asked for his costs after the case was decided.

He claimed that I had not contacted the defendant or the solicitors at all (not even sent them a witness statement)!!!

Thankfully, I had sent everything (and I had sent a lot, many many letters) recorded delivery.

Even though I had copies of the post receipts he still said that they had not got them.

The judge didn't agree with that.

 

My advice is always send your letters recorded.

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hey good win

now you can see the dirty tactics DCA's and their fake/tame solicitors pull when fronted.

 

 

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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Thank you all so much for your help. I will make a donation to the site on my next payday (it wont be a lot but it will be as much as I can give).

 

 

Are debt collectors or their solicitor regulated at all?

I doubt I will do anything more (I still have another case to defend).

It is dreadful the way that they behave though.

 

They accused me of being a fraudster (in actual straight words, even the judge double checked what they had said).

They denied receiving any of my letters except one of them, despite them all being posted recorded delivery.

Even though this is a case of fraud they tried to get my defence thrown out etc.

It is so infuriating.

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You being a fraudster...what about the person that drafted their witness statement in support of their claim ?

 

read below ......

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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