Give it a whirl....they may be offering a 90% discount:-)

before they discontinue if you refuse to agree a settlement

before they discontinue if you refuse to agree a settlement

Now that would be a crying shame

Weve had 2 with then recently that did

Give it a whirl....they may be offering a 90% discount:-)

Phishing exercise !

Just going through an old Vanquis account with me and also the OD , blabbing on about when they were taken out and last payments etc..

.I asked for copy statments and more info ,

the lady stated they had some paperwork for the OD ( statements ) but no credit agreement for the Vanquis one just a copy of T&C's ...idiots !

Starting asking about my previous employment and transactions ..

.told them not prepared to talk about and send me the documentation...

Nothing lost

Nothing lost

True ! Cannot believe their own stupidity actually telling myself that they do have not original agreement for a Vanquis debt !! But no doubt will continue to pursue it ...

So latest update to the saga I have received a letter to say the case has been allocated to my local court for the judge to arrange date as mediation could not go ahead ..but I expected this

Still awaiting letter for court but in the meantime I received a letter from Lowells and for the first time I was glad to get one from a DCA !

This was for a alleged debt of £3665 that has been ongoing with Lowells for about 2.5 years although it defaulted back in 2012 ish.

I have sent them SAR requests previously and disputed all the way yet still getting the standard blurb from them " get 50 % off it you pay in one month" or " We are going to arrange a doorstep visit if you do not agree a payment plan " etc etc..

so long story short the letter stated that Lowells are no longer going to persue the debt and as a way of resolution they have written the debt off with a zero balance and my credit file to be updated in 6 weeks ! What a result.

So all those that are getting hounded by Lowells or similar DCA's ,keep plugging away at them with the assistance of the good folks at CAG !

In all likely-hood they do not have the relevant paperwork and are taking a chance that people may buckle also a number of debts will be coming up to be SB !....just thought I would share !

better to start a new thread on this

dx

Well to keep this thread updated still not received a letter from the court on a court date and all calls plus the odd letter from Lowells have stopped so going to call Northampton bulk office to get an update on where this is at

Just checked MCOL and last entry was to say referred to local court 17/5/18. Does it normally take this long for a letter to be received for court date/time ?

Yes

Local courts can be slow

Esp when may had 2 holiday periods

Yes

Local courts can be slow

Esp when may had 2 holiday periods

Letter finally turned up asking for witness statements from both sides so will post up dates on here when they need to be received. Will also post up a draft of WS.

Spoke to local county court and Lowells had until 2nd July to submit WS but they have not (so far, so good )

.Court admin I was speaking to said this needs to be raised with the Judge to have it struck out.

I have to have mine submitted by 16th July.

Can Lowell still submit at this late stage ?

yes they have been know too

Ring again friday?

Thanks !

Can see light at the end of the tunnel with this and another donation to CAG !

Hopefully Lowell will ahem forget to on Friday !

Spoke to court no WS from Lowells at this point ..they are awaiting my WS by the 16th before any further action ..

I am trying to load copy of WS but cannot locate paperclip to attach any advice please ?

Can someboody take a quick look at this WS please ?

IN THE County Court AT CLAIM NO:E

BETWEEN:

Lowell Portfolio Ltd

-and-

A defendant

WITNESS STATEMANT OF A defendant

I.A Claimant the defendant in this claim make the following statement believing it to be true will state as follows:-

1. It is admitted that I have held three accounts with Halifax in the past. These accounts were opened between 2009 to 2012 and used for the purposes of income and expenditure.

2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but as a result of unfair and extortionate bank charges/penalties being applied to the account and also unauthorised added account fees due to the account being changed from a non paying to a fee paying account without authority or my prior knowledge

3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments and also due to unauthorised charges from a non fee to a fee paying account at some point .

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

(g) Provide notification letters showing change of account from non fee to fee paying and also two month letter before moving or closing of account as per the standard Halifax terms and conditions (see sheet 1)

7. On receipt of this claim on the 8th February 2018 I requested documentation by way of a CPR 31.14 request as per the claimants Particulars of Claim.

Proof of this by recorded delivery is attached see sheet 2 1.

The Claimant has failed to comply with this request.

8. The claimant has produced copies of bank statements that do not comply with my CPR31 request

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

Thanks...

you don't need to attach your WS, you've done correct by putting it as text here

when you get their WS, yes you scan it to one multipage PDF

click and read upload it explains it all

I.A Claimant the defendant in this claim

Thanks DX.

At the moment I have nothing at all from claimant and they have still not submitted to court either ( cut off 2nd July) , mine is due by the 16th so do I still need to submit mine and send the claimant copies of any docs ? or will the court then decide with instructions ?

Ah yes it needs a little adjustments here and there !

yes you still file

yes you still file

Excellent ! Once I tidy up the WS ( Thanks Andy ) I will file.

but not yet...