Hi all,

Today my wife received rather thick envelope containing letters from Lowell and BW Legal, containg a reply form, which after looking about online seems like a new thing (pre action Protocol?).

My wife hasnt heard anything about this debt in a very long time, plus we moved home last year so that possibly hasnt helped matters.

The debt is for Vanquis Bank (Credit Card) and was defaulted on 31/10/2012 - no payments have been made since before this date and its approaching being statute barred.

Whats the best way to proceed WITHOUT acknowledging the debt?

Do I tick boxes D to dispute the debt and tick box I and ask for more information? If so what information?

Should I also sent a normal CCA letter with the reply form?

Do I now just deal with BW Legal seen as all this has come from them as Lowel say it has been sent BW Legal?

Many thanks

Martyn

post 6 here is your route

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

might be an idea to go ring vanquis and ask last payment date first mind

dx

Ok many thanks.

I’ll get her to ring them tomorrow to ask when the last payment was made.

Does that not restart the clock with making an enquiry about the account?

Many thanks

Martyn

ofcourse not, ......

what a strange world it would be if a ex customer cant ring and simply ask a question ...

My wife rang Vanquis this morning to be told they are apparently unable to see any information on the account as it’s over 4 years old?

They could see the account but not access anything on it?

Should I just proceed completing the form as previously mentioned and send the CCA request to BW Legal?

Thanks.

now go ring them back

tell them

under the prevention of Fraud act

and

the data protection act

they MUST hold data for 6yrs.

if you don't give me my information I will put this phone down and immediately ring

the information commissioners office and raise a serious complaint

ask to speak to a supervisor or manager

not the normal phone script jockey.

Hi,

After going round in circles with Vanquis I spoke to them today and they are apparently unable to see the information and were trying to get us to send a SAR request but obviously we don’t have time seen as BW Legals letter says payment or response by 22nd Feb before they issue court proceedings.

A supervisor is requesting the Information from a back office team and claims this will take upto 7 working days

As that’ll take us upto 8/9th Feb I guess that’s ok?

Do you recommend to wait until we find this info out before returning the reply form asking for more info?

Thanks.

they are not bailiffs

they have zero legal powers to impose any time limits

and can be somewhat ignored

if the debts sb'd then it wont be going anywhere

YES, you wait.

Any time limits Lowlifes and BW Illegal state in their missives are purely arbitrary, and whatever the clowns have sent you demanding you fill in, IGNORE.

YOU will demand what information YOU want, not be dictated to by some powerless DCA.

The saga with Vanquis continues...

Told this morning that they don’t have the information or are able access it!

Told them about fraud and data protection and making a complaint to information commissioners office.

Some manager has gone off to look into it...

Why have I got a feeling he’ll ring back still claiming they can’t get the information.

Then what do I do?

they'll find it they always do.

dx

You’re right...

Phone call received.

Last payment to account was on 28th February 2012.

Now what?

Many thanks

Martyn

SO in 20 days it'll be SB...

great vanquish always cough when you wave the ICO flag at them.

what date was your pap letter from them please?

19th January saying if they don’t hear back by 22nd February they’ve been instructed to issue a claim.

How does the statute barred date work with the dates on this letter?

Do I need to send them anything ?

Should I say I disputed it and my reason being I don’t recognise it?

By time they reply it’ll be after the 28th Feb?

once a claim issued SB parked up

So should I fill in form requesting more information so the time passes as they are meant to reply with the info?

once a claim issued SB parked up

Yes, but this is only the PAP letter isn't it?

If they fail to hear anything by the 22nd Feb then they'll issue a claim........SB on the 20th.....

Statute barred on 28th :o(

no they say INSTRUCTED

not WILL

please read the letters properly.

I can instruct my dog to stay

IF they do is a TOTALLY diff matter

what date did you get the pap letter please??

24th January

then fill it out as already advised on that thread post 6

and send it back on the 23rd

by the time its processed - the debt will be dead

Hi all,

Today my wife received an e-mail from BW Legal stating they have issued a claim against her on 6th March 2018 and to expect the claim in the post. I have attached a picture copy of the email.

I sent the PAP back to them with signed for delivery and they signed for it on 19th Feb 2018, well within the timescale they set, they have not responded apart from this email.

The debt became statute barred on 28th Feb 2018, before they issued this claim and they haven't even responded to the PAP requesting all the information...

What am I to do now, wait for the claim obviusly but after that?

They havent responded to my request for more information and also the debt became statue barred on 28th Feb.

Many thanks as always.

Well they shouldn't be doing that, they've ignored pap

Judge won't be too pleased and of course its sb'd anyway

Thread moved to Financial Legal Issues Forum in view of the anticipated court claim.

Regards

Andy