Lowells claimform - old Vanquis card 'debt'

[nomoremoney]

Hi everyone.

A few years ago me and my wife got an application form through the post for a Vanquis credit card.

She applied by post and I applied online.

We were both accepted.

 

They used to mess us about saying we had made late payments or gone over our limits despite them taking a direct debit successfully they chose not to take enough money.

 

they ended up spiralling out of control with fees and as I had just started a new business cash was tight and we couldn't pay.

I sent both of them this letter-

 

CCA request.

 

then sent FORMAL COMPLAINT/ ACCOUNT IN DISPUTE letter

 

Again they completely ignored it!

 

Stupidly I didn't follow this up as I was snowed under with a new business and a subsequent house move.

 

I have just checked my credit report and its on there as Lowell Portfolio I Ltd.

Default balance is roughly £2800 and IIRC the credit limit was around £2000, that's £800 in fees!

Default date is September 2014 and to my old address.

Last update was March 2015.

 

Its the only bad thing on my credit report.

The business is starting to do well and we will want to get a mortgage in the next 2-3 years.

I'm not sure how to proceed.

I cannot afford to pay this off in a lump sum, although I expect I'll be able to afford to settle next year.

 

However, I want to dispute the entire thing especially as they went ahead and defaulted it whilst I was disputing it.

I could afford some monthly payments but I'm trying to think long term about my credit file and ideally want to get the default removed.

 

Some pointers in the right direction would be appreciated. Thank you

[Bazooka Boo]

Unfortunately once its on there it stays there for six years, paid or not.

 

If lowlifes haven't contacted you about it, then personally I'd let sleeping dogs lie.

 

Paying it off, either through monthly instalments or in one go, won't have any bearing on your credit worthiness, and unless they are reporting inaccurate data then there is no way of having it removed.

 

They have fell at the first hurdle, they have failed to provide you with the CCA, albeit they will be able to enforce the agreement in court should they wish, as it was taken out on line, so they can magic up a recon to show a judge.

 

The only thing you can do is to reclaim all of their fees and charges including interest if you wish? to bring the amount down and then pay it off, but there is no real incentive to do that really...

[nomoremoney]

But when we apply for a mortgage wouldn't having it settled look better?

 

 

Also as they failed the cca and possibly didn't issue the default correctly (or issued while under dispute) cant I get it removed?

 

 

My wife's was applied for on paper.

[Bazooka Boo]

But when we apply for a mortgage wouldn't having it settled look better?

 

No not in the slightest, and TBH you would need a good few years clear credit history for a mortgage, or at the very least one with decent ish interest rates.

 

If the dates are correct on the CRF, and the data is accurate then it won't be moved until its 6 year anniversary where it will drop off automatically never to return, paid or not.

 

The failure to supply the CCA only means that they can't take enforcement action, ie, court.

BUT, as this was taken out on line, then they will be able to provide a recon to the DJ should they try and go down the legal route.

 

Most if not all, agreements taken out post 2007 are deemed compliant as they learnt the error of their ways with successes like CAG.

 

Have Lowlifes been corresponding with you at all about this?

[obiter dictum]

Failure of the CCA request is not enough to stop the Default and termination process

 

What will be a golden arrow is to demand the notice of default sums under section 86A CCA 1974 for each penaly charge made

 

Look at 86(d)(4) as well

http://www.legislation.gov.uk/ukpga/1974/39/section/86D

 

(4)The debtor or hirer shall have no liability to pay—

 

(a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or

 

(b)any default sum which (apart from this paragraph)—

 

(i)would have become payable during the period of non-compliance; or

 

(ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

[BarnOwl1]

The greater problem now when making a mortgage application is the very intrusive " questionnaire " that has to be completed.

Questions are asked not just about current credit accounts but historic ones and any problems with the management of accounts, late or missed payments, will be questioned some of there questionnaires I think look at 5-6 years of credit history. Apart from that a defaulted account paid off is not reported as " settled " just satisfied or partially satisfied by a full and final settlement payment of less than the full amount outstanding.

Any visible record of a default or payment problems even if it's something very simple like a mobile phone account Most of which are not credit agreements will see an application denied.

[nomoremoney]

Failure of the CCA request is not enough to stop the Default and termination process

 

What will be a golden arrow is to demand the notice of default sums under section 86A CCA 1974 for each penaly charge made

 

Look at 86(d)(4) as well

http://www.legislation.gov.uk/ukpga/1974/39/section/86D

 

(4)The debtor or hirer shall have no liability to pay—

 

(a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or

 

(b)any default sum which (apart from this paragraph)—

 

(i)would have become payable during the period of non-compliance; or

 

(ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

 

 

 

That looks very interesting, thank you. I made the original CCA on 6th May to Vanquis while the account was still open and the Default date according to the crf is Septmber 30 so that was plenty of time for more fees. However the default is registered as Lowel (Vanquis is not mentioned anywhere on the crf). Obviously the default would have come from Vanquis and it has since been sold to Lowell?

 

 

I am 1 year into my 6 year wait so I don't want to compromise statue barred if this isn't going to work. Can I make the demand without admitting liability?

 

 

I'm sure I've received the odd letter from Lowel but I don't have them and it was probably whilst I still had my post redirected.

[Bazooka Boo]

The CRF will show the name of the outfit doing the chasing, which is why lowlifes name appears next to the default marker, so as long as the date doesn't change then it is only the name of the gophers chasing that will alter.

 

Requesting the CCA, does NOT affect the SB clock, the only thing that affects that is payment or a written acknowledgement.

 

But you have already made a CCA request, and they have failed to respond.

 

However this is post 07 and taken out online, so will almost certainly be enforceable if they choose to go down that road.

 

IMO the best way to attack this would be to get a complete history of the account, see how much fees/charges (including interest on those fees/charges) has been added and request they be refunded, whereby you will set up a payment plan that is realistic and comfortable for YOU, not them.

[nomoremoney]

Hi everyone. Over a year later I have just recieved a Letter of Claim (LBA?) from Lowell Solicitors. They say they will be commencing with the CCBC without further notice.

 

They want the original £2860, plus £230 fees, £185 court fee and £80 solicitors, totalling £3355.

IIRC the original debt was £2000 max.

 

They have sent the odd letter over the year offer a 40% discount but I haven't made any contact with anyone since my complaint to the OC which was ignored.

 

What would be the best way to proceed?

Should I request a history to see what all these charges are?

Or should I wait for court proceedings and ask for it then?

Or something else?

 

Many thanks

[Bazooka Boo]

Hi, welcome back...

 

What exactly does that letter say?

Is it a letter of claim, OR a letter before action?

 

Did you ever SAR Vanquis to determine what fees and charges they have added that you can reclaim?

[Old Cogger]

or Notice of Claim?

[nomoremoney]

It's headed Letter of Claim.

 

Didn't ask for the SAR, just sent those 2 letters I put in my original post without reply.

 

Thanks

[nomoremoney]

To clarify, here is the letter-

 

Dear *******

 

Letter of Claim

 

We have not heard from you regarding your Vanquis account and are instructed by our client, Lowell Portfolio I Ltd, to commence Legal Action and issue a Claim against you in the County Court Bulk Centre in respect of this debt.

 

You must contact us or make arrangements to pay within the next 14 days or a Claim will be issued without further notice to you.

 

In then lists the fees and CCJ consequences etc

 

Letter says I have til the 28/12/16.

[Bazooka Boo]

Fire off a SAR to Vanquis and get the history of the account.

 

Send RD, and keep proof.

[nomoremoney]

Ok. Just to check thats to Vanquis and not Lowel?

[nomoremoney]

Ok. Just to check thats to Vanquis and not Lowel?

 

Just read the template yes it goes to OC.

 

Also it seems I have to give 40 days for them to reply, what happens if Lowel stick to their timeframe of 14 days to start proceedings? Also Vanquis ignored my CCA and dispute, I'm guessing they'll ignore this too!

[Bazooka Boo]

Yes defo to the OC.

 

Have you got copies of the CCA request, and them cashing the PO??

[nomoremoney]

I've got the recorded delivery receipt of both letters and the post office receipt for the PO. Can I find out if they cashed it?

[dx100uk]

Scan the letter up to PDF letter of claim

[nomoremoney]

..

letter of claim.pdf

Edited December 18, 2016 by dx100uk
7mb file reduced - dx

[Bazooka Boo]

Does the receipt for the PO have anything on it regarding being able to check if it's been cashed??

[Old Cogger]

http://www.postoffice.co.uk/postal-orders-enquiry

[dx100uk]

send a new CCA request to lowlife.

 

 

dx

[nomoremoney]

New CCA as opposed to a SAR?

 

Should I refer to the previous or just send anew?

 

Thanks

[dx100uk]

new cca to lowlife

do not refer to anything else or past

 

 

sar to a dca is pointless