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    • That is great news. Many people would have given up and paid after losing two appeals so well done for hanging in and fighting. It has paid off and they have finally backed down before getting whipped in Court. I looked at your NTD and your NTK again to see if there was a chance of going for a breach of your GDPR. Sadly although your NTK on its own could have well deserved a claim, the NTD is good enough not to warrant a claim even though it wasn;t compliant with PoFA. As it is the first Notice that mostly accounts for  GDPR breaches there is a reasonable cause for the NTD to have been issued. However you are now freed from worries about appearing in Court and you have learnt about the dangers of parking especially where the rogues that patrol private parking spaces are concerned. Thank you for making a donation and should you fall victim in the future to the parking rogues or anything else that we protect from, you are always welcome .
    • Hi guys I'm about to submit the defence as per below     There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?   Thanks
    • a DCA is not a bailiff and cant enforce anything, even if they've been to court who are they please? sar to the original creditor FIO isnt applicable they are not a public body. who was this query sent too all the more reason to teach her young upon how these powerless DCA's monsters  work... she must stop payments now  
    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
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Lowell /BW Court Claim old vanqius card debt Help Please


Blondmusic
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Give the court time to catch up BM..attend the hearing and make the above points your first priority...just because they have paid the hearing fee does not mean they have complied with the directions.

 

Andy

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I would advise you attend or the claimant will attain judgment in your absence.

 

Andy

We could do with some help from you.

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  • 2 weeks later...

Time for an update.

 

I telephoned the court yesterday to find that the case has now been adjourned until 11th of May 2015.

 

We finally received the updated Particulars of Claim which ended up at a house 2 streets away thanks to a postie reading the wrong address.

 

I am still concerned that despite the Judges order on 27th of February stating the claim will automatically be struck out

if the new particulars of claim and notice of assignment are not received by 4pm on 13th of March that this case is being allowed to continue.

 

boyfriend received this lot in the post from the court today.

 

I have scanned it all into my computer,

blanked out anything that will identify boyfriend or claim details

and added it all to a PDF file which I have attached.

Edited by dx100uk
45Mb externally hosted PDF reduced to .5Mb and attached properly - dx
:cool::cool: Blondmusic :cool::cool:
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urm..could be difficult

 

 

so its a vanquis card debt that was signed online.

CCA looks ok to me sadly

what about the T&C's were there any more?

 

 

looks like theres plenty of penalty fees and ROP to reclaim

to use in mediation

 

 

lets see if andy has any ideas.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you've a wee bit of time for andy to advise

 

 

for the minute

it wont hurt to get the PENALTY charges

and the ROP [PPI] spreadsheets done BM

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do you need to amend your defence...? What they have disclosed ....how does this impact on your initial defence?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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We used the embarrassed defense until they disclosed the documents they relied on. Now the documents have arrived (see post 79) I don't know whether we need to amend the defense, contact BW Legal and make a payment arrangement or do nothing.

:cool::cool: Blondmusic :cool::cool:
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All depends on what they have disclosed...are you happy with them ....all valid and legal...?

We could do with some help from you.

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Look let Andy see what was sent via a method he will ask no doubt, if they get something right then a surprise in the midst!

 

See post #79 Mike already uploaded....BM are you content with their witness statement.....nothing to challenge?

We could do with some help from you.

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here

 

 

+£700 in penalty charges alone if we run the int till claimdate

 

 

and +£300 PPI

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Andyorch - No idea if the documents are valid and legal. I have never done anything like this before. Looking at the paperwork they didn't send the updated particulars of claim and notice of assignment until the 13th of March (that is the date on the letter and sent 2nd class post) when the Judge clearly ordered them to serve these items by 4pm on the 13th of March 2015 or the case would be automatically struck out, we had no chance of receiving them within the timescale as they didn't post them till the 13th of March. Also the Witness statement and evidence was dated 7th of April only 4 working days (this was sent 1st class post) before the hearing leaving us at a disadvantage as we did not receive them until the 13th of April which was the date of the hearing.

 

No idea what to challenge on the witness statement. We are unable to prove that the balance was paid off as my boyfriend changed bank accounts when his ex-wife left in late 2009 and it would now be too late to try and get statements etc.

 

DX - That would wipe out what they are claiming and they would owe my Boyfriend money!! Do I just put in a counter claim with those spreadsheets as a defense?

Edited by Blondmusic
Forgot to read documents
:cool::cool: Blondmusic :cool::cool:
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no its not too late

you should have/get a SAR off pronto.

 

as for the charges/ROP

that 'might' be useful under mediation

 

I'm not sure andy or the legal crew need to answer that one.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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why do you need an sar to VQ?

 

 

surely one to his old bank wold prove this

that's what I replied too

but you've now changed post 92

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Can anyone tell me what we need to do next?

 

 

The hearing is in 2 weeks (boyfriend going to ask for a day off in order to attend) and I am starting to panic a bit.

 

 

Do we put in a counter claim for the Charges and PPI charged at Vanquis's rate that DX put in post 91?

 

 

Do we change the defence?

 

 

If so what to change it to.

 

 

I have no idea what I am doing and I really need some help.

:cool::cool: Blondmusic :cool::cool:
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Well they appear to have complied and disclosed everything to back up their claim...that there is a debt outstanding...everything that you put them to strict proof within your defence.

Still unsure if the amount claimed is correct or a true reflection of your indebtedness to the claimant ?

 

I cant see any point in submitting an amended defence...unless you know reason if there is still points that can be argued ?

 

Given the above it may be prudent to contact the claimant and try to agree settlement...possibly by Tomlin Order to avoid a CCJ ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Ok. I will get in touch with them see if they will settle out of court.

 

 

Yes could try with a Tomlin Order.

 

 

I will try to get them to stop adding interest.

 

 

Can we reclaim the PPI and Charges to reduce the debt down?

 

 

I have done an Excel document with the PPI and Charges they added before Vanquis closed the account.

 

 

With the 8% interest added on it comes to £366 which I would like them to take off the debt

:cool::cool: Blondmusic :cool::cool:
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I have drafted an email for BW Legal. Does this look ok?

 

Dear Sir/Madam,

 

 

I am contacting you on behalf of XXXXXX following a County Court Claim made against him by yourselves on behalf of your client Lowell Portfolio.

 

 

XXXXXX has received all the documents for the claim and is now in a position to offer a repayment plan without further involvement from the Court. In effect XXXXXX would like you to remove the claim from the County Courts and accept a payment plan in order to settle the debt.

 

 

 

XXXXXX would like Lowell to stop adding interest to the debt while it is being repaid. He would like Lowell to remove the £366.90 (£249.66 plus 8% interest) that was added to the account in PPI payments and Charges by the original lender prior to the account being closed and sold.

 

 

Yours sincerely,

:cool::cool: Blondmusic :cool::cool:
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