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twopennies

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About twopennies

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  1. Hi shamrocker, I raised this very point in court, after researching default terms of most credit card companies, that the default notice would've been most likely served (or should have been served) when the account first went into default, which would actually have been in 2008/2009 rather than in 2011 when Lowell claimed the mystery default notice was served. From the information they have sent me in response to the information requests, and in response to my complaint, they have zero evidence of any default being served by the original creditor. TP
  2. Hi Andy, Thanks for reply and good question. I wanted them to be held accountable for their actions, in the first instance. Wasting my time, the court's time, and in essence, bullying me into paying a debt that was SB by threatening court action. Most people would capitulate to their threats and end up paying and this is what frustrates the hell out of me. They shouldn't get away with this sort of behaviour. At the point that they KNEW there was no evidence of a default notice (in spite it being arguable that this was when date of accrual began), they should've stopped their course of act
  3. Hi, I know this case is over and done but I thought some might be interested to know the latest in my battle against Lowell. I submitted two subject access requests, one to Lowel Portfolio I and one to Lowel Solicitors, and sent a scorching official complaint letter to Lowell. I also contacted the Financial Ombudsman and the FCA. Lowell have sent reams of paper in response to SAR but most of it is copies of information I already have. Notably missing is any sniff of a default notice (the basis for their entire claim against me). Lowel have failed to respond to my compla
  4. Thanks dx - I'd be happy to post my links for research if that helps anyone.
  5. UPDATE I just thought I would update on this case. I defended myself in court today - AND WON! The judge dismissed the case for lack of evidence - the original default notice was never provided. I've got to say it was one of the most nerve wracking things I have ever done. The representative from Lowel's tried to talk to me before the hearing and I summarily dismissed her - I knew from reading on here that is one of their tactics. I have some advice for anyone else in this position. Do your homework. The judge was impressed at my witness statement,
  6. Thank you. I don't mind admitting I spent a long time researching and composing that. I will look in more depth at CCA and Limitation act and examples of cases and law regarding statute barred debt. I am OK at presenting/defending myself however I want to be as prepared as possible. Any pointers you can offer on research much appreciated. TP
  7. Thanks for reply Andy, yes evidence submitted to court and OP. Comprised WS and exhibits, which included a copy of my last ever correspondence with Vanquis, and return copies of Lowells evidence with notes, these being the incomplete T&Cs from Vanquis, and the poor copy of template default notice, along with copies of Section 5 Limitation Act 1980 and Section 87(1) of CCA 1974. I have attached my WS and the copy letter as this is the only new information. Grateful for feedback and your time Thanks TP CCCS Letter to Vanquis March 2011 data removed.pdf Wi
  8. UPDATE Hi, I thought I would update interested parties on progress of my case. I submitted my defence as requested and on time. I called the court today as I had not heard anything subsequently and they confirmed that Lowell paid the trial fee on time so the hearing is going ahead on 6th November. I am still amazed that Lowell intend to push this case based on the cause of action being the date the default notice took effect rather than my last correspondence/payment with the original creditor, and yet they have failed to provide the evidence to support this (other than a poorly pho
  9. OK thank so much! Nice to know I am not alone! Sort of.
  10. Hi Andy and co, resurrecting this post as I have received a trial date and request to submit my own evidence now. I have none of the original paperwork for the vanquis account, nor any documentation sent by Lowells, other than that to do with this court case. The only thing I hold electronically is a copy of the last letter I sent to vanquis with the last payment of £1, as noted on the account statement on 08.04.2011. I can submit this and a witness statement. I am determined to fight this, I would really appreciate any advice that can be given on what to incl
  11. The only request for documents from the court is the one thats included on the PDF, and it only states the claimant to provide evidence. I've read, reread and read again. TP
  12. Hi again Andy, Thanks for your time. I looked back through every piece of paper I have received I have nothing that has asked me to submit evidence or a statement. Should I double check with the court? Thanks TP
  13. Thanks for the reply Andy. There was another page on the statement that I didn't include in the PDF simply because it didn't seem to include anything of note - just normal purchases and payments. I last made a 'proper' payment on 30.04.2009 of £90 - thereafter no payments due to my dire financial situation. However in an effort to manage my debts and on advice I sent £1 postal order a month to each debtor as I was told this would keep them at bay, I started to make those payments in February 2011, the last once recorded on the account on 08.04.2011. This was
  14. The last purchase I made on the card was 16.03.2009 - and the last decent payment was 18.03.2009. After advice I started paying £1 per month each to my debtors - but stopped that when I had to leave my house. So yes majority of balance is charges. Also it seems to me that this case is about proving when the statute barred period started, and their own admission is that it started 14 days after the issue of the default notice, which they have failed to provide. That means we have to fall back on my last payment date as the start of the SB period which means their
  15. Lowell Evidence attached as promised. Thanks again TP lowell WS.pdf
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