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    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments.   11) The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   12) The claimant states that a default notice was issued on 18thJanuary 2017. The notice of default provided by the Claimant, dated, 18thJanuary 2017. The payment date requested by Vanquis Bank Limited,  28thFebruary 2017. The formal Notice of Default that was allegedly enclosed at the same time displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   13) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   14) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   15) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   16) It is denied a default notice was ever received.    17) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    18) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   19) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
    • Brassnecked you said DCBL are being toothless bullies but as the letter says, 'This case is not subject to high court or bailiff action', I was assuming they wouldn't be allowed to visit the property anyway, and even if they did, they aren't entitled to enter or to take anything away,,, isn't that the case?
    • you should be reading up between the diff stages of the claim CAG is self help too!!   no to mediation  1 wit you the rest is obv   3 copies  court their solicitors your file
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Just a query, i was unfortunate enough to have to take a small loan with LBL, it is paid to date and i have no problems there, however, upon re-reading my contract they have mis-spelt my name and the location where they signed the agreement(cash converters) has no notified 'typical APR %' anywhere on the premisies for LBL. How legal is this? Should I complain to OFT?:?


Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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Spoke to Trading Standards, now, an interesting point that people can 'join in' on, if you signed your agreement in a premises, did LBL have posters or signs up advertising thier services? If so, did they state an APR rate? by CCA law/standards they are required to do so on the posters signs etc. Trading standards would like to hear about any of these so if you would like to preverbally stick one up LBL please dig a bit and see if these 'pre-contract' APR rates were showing!!! of not complain to Trading Standards!


Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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I sined my agreement in a Cash Convertors, and whilst i'm unsure oif the posters have a stated APR, I do know that staff wear tee shirts advetising lbl services which don't have a quoted APR........though would this be required i wonder?

I'll try and pop in to the store sometime at the weekend and verfiy the poster situation.

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If you discover that they dont give trading standards a quick email, within 3 days they contacted me and i know they have been to the store in question and are now pursuing things further :)


Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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Trading Standards have now been in touch again and are looking at the loan agreement and are not happy that LBL do not show at least 'typical APR %' on marketing products. Will keep you all posted. :)


Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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Having read your note on this, I have also filed a complaint with both the Trading Standards and the OFT.

The agent for LBL quoted me 84% verbally. This now appears to be a typical APR of 126%.

However, while this interest rate is on the Bill of Sale, the attached Loan Agreement has a Typical APR figure of 308.1%......so 3 or 4 times higher depending upon how you loo at it....

And also pleased to say that the Cash Convertor from which this agent operated had no signs at all for LBL, nor any typical APR rates or any other information. I also note that she signed herself as from Log Book Loans Ltd, which of course does not exist, it's Nine Regions Ltd trading as Log Book Loans...

I will let you know if I get any replies....

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