lowells/? Claimform - Vanquis 'debt'

[pete_2000_2002]

Hello all, me again

 

Vanquis passed my account over to lowells some time ago and as is the norm received shedloads of phonecalls etc from them over the last few months.

 

I sent lowells a cca request I think it was the 23 July.

 

I received a letter from lowells saying dated the 13 August 2012 saying they have asked the original lender for a copy of the cca

and they will do their best to send the info within 12 working days.

 

I recieved another letter from lowells on the 28th August 2012 saying they have still not received the cca from vanquis

and that they are still trying to retrieve it from their archives.

 

I checked the post date on the envelope on the second letter and there isnt one.

The cca request i sent them is on my work pc so cant be accurate with my "sent date"

 

My question is how long do I give them before I send them a this account is in dispute letter please?

 

Many thanks

Pete

[dx100uk]

hi - ya pete hope all is well.........

 

cca requests are 12+2 WORKING days.

 

if they've not reponded if you are paying them

 

stop.

 

dx

[pete_2000_2002]

Hello Dx i am fine mate, hope things are good with you.

 

Not paying them anything at the moment and i think its highly unlikely they will come up with the cca.

[pete_2000_2002]

Just checked the date on the letter I sent and its the 2nd August 2012.

[dx100uk]

more than enough time

 

failure to comply letter me thinks

 

dx

[pete_2000_2002]

Do I still send the failure to comply letter even though they (lowells) have informed me they are still waiting for vanquis to send them the cca?

[dx100uk]

yes pete matters not.

 

before anone starts waving their arms about a debt

they should have the correct proof you owe it

 

not a phishing list.

 

they have 12+2 days, no excuses.

 

just bear-in-mind that if they latterly produce an enforceable agreement

then the situation might change.

 

how old is this card?

 

dx

[pete_2000_2002]

Its about 4 years old. I have "SAR"red vanquis a year or two back over previous unfair charges and in the bundle I didnt get a cca or any t & c's - I should have received them though, shouldnt I?

[dx100uk]

sometimes

there is not legal remit unless you ask on a sar.

 

so did you get the chagres back?

 

odds on a cca will appear

as its not that old.

 

dx

[pete_2000_2002]

I am 99.9999999% sure it was an online application and yes I did get charges back.

[dx100uk]

could get sticky then

 

whats owing and when did you last pay?

 

dx

[pete_2000_2002]

Last payment about 18 months ago. I owe 1410 and credit limit is 1000.

[dx100uk]

so there's +£400 of more charges then?

since you last reclaimed?

 

what did you get back last time too?

 

was the int on the PENATY charges reclaim compounded?

 

dx

[pete_2000_2002]

Yes i think they will be late payment charges and going over credit charges.

 

I will have to go over records at home to answer the last two questions - will post what they are later tonight.

 

From what I can gather I think I got back £166 and the 8% interest but I need to go through my bank statements to double check.

 

It could be more but i need to go back over my records.

[pete_2000_2002]

Still nothing from them - now where is that failure to comply letter..............

[dx100uk]

dca section green library tab uptop pete .

[pete_2000_2002]

Found it and its ready to rock and roll. Do i need to add anything about the 30 days (criminal offence) bit?

[Old Cogger]

Found it and its ready to rock and roll. Do i need to add anything about the 30 days (criminal offence) bit?

 

 

 

Delete that it does not apply anymore. i.e. crimnal offence.

[pete_2000_2002]

Ok thanks Mike. Just had a count up and its been 34 WORKING days since the cca request letter. And I found a letter saying vanquis have sold the account to lowells does this affect anything?

[Old Cogger]

If your CCA request is to Vanquis then the time limit is 12 + 2 days = 14 to comply, after which they are in default and you let them know. If you requested thru Lowells it is up to them to comply thru vanquis and keep you informed , also that any activity will cease for now until complied with is the norm.

 

If you lowells contact or have inform them that a CCA1974 request has been submitted since (the date you sent it and they are in default until they suuply one). all activity should then cease on their front,

 

You could complaint to the FOS on internet giving dates CCA request etc submitted to vanquis etc and se what they respond.

 

Always send proof of posting or Recorded delivery for reason of doubt.

[pete_2000_2002]

CCA request was to lowells, they told me they were still awating the CCA on the 28 August.

[Old Cogger]

CCA request was to lowells, they told me they were still awating the CCA on the 28 August.

 

 

 

Then that is it for now, sit tight and wait.

[pete_2000_2002]

Had a letter from lowells today which reads (sorry no scanner had to type it).

 

"Your credit agreement

We refer to your recent request for a copy of the original credit agreement for this account.

 

After liasing with Vanquis in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

We are closing your account

At this time we have closed our file and will not make any further contact with your concerning payment against this account unless the copy of the agreement is received at some point in the future from Vanquis.

 

If you have any questions blah blah blah."

 

I sent the failure to comply letter today without knowing I had this letter sitting at home.

 

Do I need to do anything now?

[dx100uk]

yep stick two fingers up at 'em!!!

 

now get reclaiming

 

dx

[pete_2000_2002]

Do i need to SAR lowells or vanquis or do i just claim the £420 (charges)?