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    • Just left the name not dacted. Can you sort this out please
    • Particulars of Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000. (See receipt at Exhbibit-1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhbibit-2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Exhibit -3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at ( Exhibit 4.)   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in  Exhibit-5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’.         Signed:                                          (  
    • I regret coming back onto this thread.   What is so difficult about dividing the figure of £16,577.12 into four separate amounts, especially when one is known at £3000?   When you filed your original counterclaim, how much did you want for completing the work?   When you filed your counterclaim, how much did you want for the damage?   When you filed your counterclaim, how much did you want for the steel beam?    
    • not yet. I will post once I receive it.    Thanks for your support Bank Fodder.   Regards BB
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Lowell now chasing old Vanquis CC debt


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I had a letter come through the door a few weeks ago from Lucas Credit Services,

 

stating that they were acting on behalf on Lowells.

In the envelope was a letter from Lowells saying Lucas were sorting the debt for them, and i had 7 days to reply :violin:

Before the 7 days was up i had Lucas emailing me "if you don't reply to us, we will continue to correspond to you via email".

I had no more letters but 3 emails.

 

Up until now, i've not heard anything about this debt since 2011.

 

It seems as though they are trying to get a rise out of me.

 

Do i correspond to them via email?

 

At the moment, i set it to go into my junk folder, i did debate blocking them.

 

History:

 

Its a Vanquis credit card taken out in 2010 of around £400ish.

 

I tried to pay them multiple ways:

went into bank and was refused,

rang up and they kept disconnecting me.

 

with that, i didn't bother to pay

 

I then came into financial difficulties,

 

i'd gone beyond the point of no return.

It was defaulted in 2011, and no payment was ever made on the account.

 

Its no up to £600 odd, and i know most of that is charges.

 

Whats your guys take on this?

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  • 1 month later...

They continue to email. Most recent email:

 

 

 

Dear Sir or Madam

 

 

Your OVERDUE DEBT of £600.00 owing on your Vanquis account remains outstanding despite having asked you for payment on several occasions.

 

 

 

We now require you to contact this office immediately to confirm one of the following: -

1. You will be making payment of the full amount due immediately

 

2. You will be making payment of the full amount due within 30 days

 

3. You are unable to pay the debt in full and wish to negotiate a repayment arrangement

 

4. You will not be making payment of the debt and provide details of the reason why together with documentary evidence

 

Our records show that you have been given several opportunities to make payment and you have chosen not to. This matter must now be resolved and we urge you to contact us on 01274 957060 within the next 5 days to confirm how you intend to bring this matter to a conclusion.

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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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Start the ball rolling with this send blank £1-00 postal order but get proof of postage.

 

 

They then have just 12 + 2 days to send you the agreement + all T&C's .

 

 

Then comeback to update the thread.

 

 

In the meantime ignore the silly emails

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 1 year later...

Ive been having Lowell send me letters a week before xmas 2015 and they've been coming in every 2 weeks now on the dot.

 

They are for a credit card i took out with Vanquis back in 2011. Circumstances changed and i couldn't pay it. Hey ho, i shouldn't of took it out in the first place. Younger and stupider me strikes again.

 

I'm not in a position to pay it back and Lowell are chasing me for 3 other debts (have threads for these).

 

The letters just consist of: we want to help you, and i recall a discount being offered a few weeks back.

 

 

What to do? Ignore or respond?

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Ignore... Sent Vanquis a CCA request to find out why the discount. Probably full of fees too, Then you have the ROP issue (their PPI)

 

Lowell now owns it, its "Lowell" on my credit report.

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CCA lowell, SAR vanquis depending on what lowell returns.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You have 3 choices.

 

Ignore.

Send a prove it letter.

CCA them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You have 3 choices.

 

Ignore.

Send a prove it letter.

CCA them.

 

I ignored one CC with Lowells and i ended up with a claim pack.

The CC didn't even have one payment made to it IIRC.

 

I had planned to ignore it til the letters started getting a bit more serious, but figured you guys have more experience and would know better than me :)

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Well, its your choice, but those are the 3 options to you right now.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You have 3 choices.

 

Ignore.

Send a prove it letter.

CCA them.

 

There is anther option of course, arrange to repay the loan.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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We are struggling to pay our everyday bills as it is.

 

OK.

I take it you have other debts ? have you considered a DMP, if you do not have the funds they will negotiate a token payment with the creditor.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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We are struggling to pay our everyday bills as it is.

 

Absolutely ...you must meet your priority debt payments first...this will hold...send a CCA request in the first instance...watch how their attitude and approach changes.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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There is anther option of course, arrange to repay the loan.

 

If the debt is actually legit and legally enforceable. Very few vanquis debts are when sold

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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couple of old threads on the same debt merged.

 

 

might be best to revisit what you have done from day one by reading this merged thread now

please keep to one thread per debt

saves people duplicating advise and wasting their time

 

 

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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Well its some time since I posted on this thread way back in '14. So you are back again asking what to do and the advice is the same. Send the CCA off and see what they come back with. Its obviously full of charges..

 

 

Do the CCA's work yes they do and recommended, firstly to see if it is enforceable. As I said way back, I had the same issue as you and followed the advice the result was debt cleared.... Vanquish has Vanished... Never to return... ROP reclaimed fees reclaimed F&F settled at less than I would have expected. I was less well informed back then but now its water of a ducks back The advice has been given so take it or leave it....

 

 

Time to read the Conc rules again or just read them for the first time even.... Also I have a success story in that section too on more than one occasion... It works...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Off topic posts removed..thread tidied.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Well its some time since I posted on this thread way back in '14. So you are back again asking what to do and the advice is the same. Send the CCA off and see what they come back with. Its obviously full of charges..

 

 

Do the CCA's work yes they do and recommended, firstly to see if it is enforceable. As I said way back, I had the same issue as you and followed the advice the result was debt cleared.... Vanquish has Vanished... Never to return... ROP reclaimed fees reclaimed F&F settled at less than I would have expected. I was less well informed back then but now its water of a ducks back The advice has been given so take it or leave it....

 

 

Time to read the Conc rules again or just read them for the first time even.... Also I have a success story in that section too on more than one occasion... It works...

 

 

 

Section 78 requests have nothing to do with unenforceability they are about asking for information only.

On a 2011 agreement it is very unlikely that there will be any problem for them to send a copy anyway as they are computer generated.

As we know the unenforceability option on copy requests is only temporary and lasts only as long as it take for them to supply a copy, to do this the creditor does not even have to have sight of the original document he can just make one up out of contemporary data.

 

I am not aware of any court case which has resulted in an agreement being deemed permanently unenforceable due to a section 78 request.(nor could there be)

 

Should add that conc has nothing to do with unenforceabiity

Just for the sake of clarity.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Dodge while I agree with you about S78 last year lowells closed my vanquis account and wrote off 1300. I can only think it was because no DN had been issued. Well they did but it was a pile if cobblers.

Any opinion I give is from personal experience .

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Dodge while I agree with you about S78 last year lowells closed my vanquis account and wrote off 1300. I can only think it was because no DN had been issued. Well they did but it was a pile if cobblers.

 

Hi Fletch without wanting to interfere with this thread any further, we both know that creditors and DCAs do not pursue for a variety of reasons.

 

I dont know the details of your case but it can be becasue they wish to curtail a certain block of accounts and reconcile their books write off liabilities etc.

It could be that the debtor is being particularly awkward and it looking likely that they are going to have to employ legal counsel on an account which even if won would not be recoverable, or any number of other reasons.

I think I agree that the default notice issue has taken over form the copy requirements in being the most likely one to succeed, although it is still vanishingly unlikely, if push comes to shove.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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