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    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No.   Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, mobile phone account.   When did you enter into the original agreement before or after April 2007 ? After April 2007.   Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.     What you need to do now.   Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement
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DCA turns up for door step collection even though it's indispute..Complaints letters please!!!


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Alleged Vanquis Bank debt has been going round the house of every DCA in town since March 2009. Usual threats etc and I just ignored them. Then in January 2010 I decided to ask C.A.R.S DCA agency to forward the agreement etc. They replied within a week saying I had to get this agreement from Vanquis and they returned my £1. I sent them the £1 back the same day with a letter saying that it was their duty to get me the agreement not for me to chase Vanquis directly. They did not reply to my request again but rather sent me a letter offering me a substantial reduction on the alleged debt. It did not mention amount but rather I was to call them to discuss - I didn't do so. Instead I sent them the same letter again asking for the agreement. In the meantime they continued calling me daily - never answer the phone to them just let it go to message and then delete. On the 21st Jan they sent a letter saying a home agent would visit to collect monies owed. On the 25th Jan again for the fourth time in ONE month I sent them the agreement letter again and advising them if they continued to try and collect via home visit or harrasing me by phone I would take it further.

 

NOTHING....and I mean nothing - no letters or calls have been received since then until this evening.:evil:..door bell goes and it's a bloke showing a letter saying he is here to collect the Vanquis debt...I poitely told him to hop it and that the account was indispute...he was polite back but informed me he would return once he got a reply from his boss at C.A.R.S.(I did mention to the guy that technically he was in breech of the tresspassing law and that I could phone the police to remove him - he was polite back and calmly said that would be my right to do so but he was only doing his job!)

 

So in light of this bombshell today...can anyone please advise if there is a template letter to a) DCA C.A.R.S Ltd and b) OFT/Trading Standards etc and anyone else I may have to complain to....not really sure what to say to DCA or the others...

 

Can anyone help!!!:idea:

 

Thanks in advance.

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send the fools the account in dispute letter if not already done so and also demand their complaints procedure and report them to the OFT

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks for that - I have the template letter for the account in dispute and I will add that I want a copy of their complaints procedure but what exactly do I write and say to the OFT in my letter to them? Should I just say that this DCA sent a door collector when the account was in dispute?? Thanks for your help on this. Appreciate your reply. x

 

send the fools the account in dispute letter if not already done so and also demand their complaints procedure and report them to the OFT
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