Vanquis debt sold to lowells

[Big1978]

Hi All,

 

 

I have just finished writing the CCA request and I thought I'd start a thread where I can request help once they respond.

 

 

Fingers crossed!

[Big1978]

So I've just received a letter back from Lowell who are the DCA for Vanquis stating:

 

 

"We've requested a copy of your original credit agreement and we will reply as soon as possible but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time."

 

 

My questions are -

 

 

1. does the 12 days start from the date on the letter I sent them or

 

 

2. the date they received it or

 

 

3. the date I posted it?

 

 

3. does it start from the date they requested it from Vanquis?

 

 

Sorry - so many questions!!

[Old Cogger]

Date they received it 12+2

[Big1978]

I've just got a letter back from Lowell stating:

 

"We have ordered statements on your account. As we have requested these from Vanquis, it may take some time for them to be returned to us. During this time your account has been placed on hold."

 

They go on...

 

"In the meantime there is no need to contact us again regarding this matter, however, should you wish to speak to someone (yeah right!!) in our Customer Service team please do not hesitate to call on 08448444716"...

 

Where does that leave the CCA request and what are my next steps, please?

[fletch70]

Until they can comply with your CCA request they should not be contacting you. The actual timescale is 12 days from their receipt which is classed as 12+2 days from posting. You need to remember there is no actual penalty for not complying with the request only that they can not enforce the debt until they do ( They could issue a claim and hope it was undefended but that's a bit naughty and can be dealt with)

I am guessing that the agreement is post 2005 and possibly post 2007. If it is post 2005 then it could be an electronic signature and if post 2007 they do not even need a legally compliant agreement , all they need to do is fulfil your CCA request.

Having said that my Vanquis account has no valid DN and is purely an application form, so far so good, in fact I think if memory serves me Lowell have written it off

[Big1978]

Thanks fletch

 

So, do I stop the monthly payment I am making to them? Or shall I keep it going?

 

Is there another letter I need to write after the 12 + 2 days is up (on 9th Feb)?

[fletch70]

There is no letter you need to send especially as they have replied. As for stopping payments that is a decision only you can make . I stopped but I wasn't working and had no income. Sorry if that's no help but I can only tell you what I did as I don't know your circumstances, work, assets, home owner etc

[Big1978]

Good evening all,

 

I've received my CCA paperwork from Lowell... However I think I have a problem....

It is a very bad photocopy of the electronic application and a statement.

I do not *feel* this is right but I'm not sure where to go now.

Is this it?

From what fletch said above there's no Default notification.

But I'm not sure whether there's anything I can do now or just start paying again?

 

In their letter they state that they consider this to comply with the CCA sections and that they purchased the account from Vanquis and they are entitled to receive payment of the outstanding balance.

 

There are also lots of lines on the "statement" that say: Billed finance charges purchase interest - I have no idea what this is! This basically goes from June 2011 to January 2012 and adds up to well over £200.

 

There is also a copy of some generic T&C's enclosed which are really badly photocopied and feel wrong (I could be wrong, but it just doesn't feel right)

 

Some advise please guys?

 

Bump - anyone, please?

[fletch70]

You may have answered these

when did you take the agreement out?

How many sets of term did you get, why do they feel wrong

Did you ever receive a default notice as opposed to a notice of default sums?

[Big1978]

According to the paperwork it was taken out on 15/9/2010

 

Just one set of T&C's (really small lettering and a bad photocopy)

 

Never received a default notice

 

It's just a really bad photocopy

 

I thought I read on another thread that they have to give you the original documents....

 

I'm not sure why it seems wrong, maybe I've been reading too much and got myself confused

[renegadeimp]

Has to be legible to be compliant.

[theoldrouge]

tbh , with your ac starting in 2010, you are not going to get very far with the cca route

 

very easy to comply

 

Big1978 said:

Thanks fletch

 

So, do I stop the monthly payment I am making to them? Or shall I keep it going?

 

Is there another letter I need to write after the 12 + 2 days is up (on 9th Feb)?

 

stopping payments will leave you open to litigation

[Old Cogger]

Taken out on line? if so the CCA1974 argument goes out of the window as post 2007

[fletch70]

Not quite. They still need to comply with a S78 request and they do still need to comply with other aspects of the cca such as DN and annual statements etc. Yes stopping paying is a risk. I have recently had a 2008 debt written off by lowells .

[Big1978]

Thanks guys! Fletch - should I write to them now then?

I'm obviously wanting to pay, but I read so much about bad DCA's that I want to make that Lowell are acting correctly.

 

When do they need to send a DN?

It's possible I got some from Vanquis but obviously I was going through a break up and wasn't at the address.

 

That being said I've NEVER received a statement or DN from Lowells since they acquired the account.

Do they still have to do these things?

[renegadeimp]

You need to check EVERYTHING about a debt if lowells have their grubby hands on it. Dont blindly pay simply because you are panicking.

[fletch70]

There are a few things to think about

1) Do you own any property or other substantial assets? I am thinking here about how financially viable it could be for them to take action

2) The DN should have been issued by Vanquis before the debt was sold , I believe it may be too late now to fix that

3) The terms and conditions , do they have the interest rate on them, I may be wrong but they need to include a total cost for credit and I know on mine it was very vague and the interest rate varied depending on your credit limit. Sadly though an improperly executed agreement is no longer grounds to make the debt unenforceable

 

I would be sending back a letter saying they have not complied with your S78 request because the alleged agreement is illegible

 

Do you have any funds available to maybe make an offer in the future , only a small amount though

[Big1978]

Thanks for your reply Fletch:

 

1) No no assets or property

2) Should I mention that in the letter?

3) I'll check that (if I can find a magnifying glass!!)

 

I'll do the letter and offer them maybe £200 as full and final settlement? Or is that too low (is pretty much what I can afford as a lump sum)

[fletch70]

Hi Big

All I can tell you is what I did which was with a few bigger debts I wrote to them saying look not only do I dispute the account because..... but I have no job no money and no assets with no prospects in the short or medium term but if you believe that you can win please issue me with a statutory demand and make me BR as you would be doing me a massive favour. If you do issue the SD I will not contest it

 

Of course I was fully prepared to go BR but didn't have the money, I haven't heard a word in a good while now.

 

I would not mention the DN , keep that up your sleeve just in case

 

P.S. just how much is the balance, I would not offer a full n final but there again if I had a few spare quid I might just to be rid

[Big1978]

I'm going to go down the BR route with them I think. The balance is £1300

[dx100uk]

open

[Big1978]

Please see attachment(s). I have been paying them £2.10 for over the last 5 years... Is there a letter template that I can send them to inform them of this? 

S77 CCA Vanquis 2015 response.pdf Current Letter from Lowells.pdf

[dx100uk]

where the CCA return from lowells?

 

dx

 

[Big1978]

See the attachment. Just working on reducing the other document so I upload it.

S77 CCA Vanquis 2015 response.pdf

[dx100uk]

we've seen that already today.

 

dx