Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1014 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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?

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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)


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

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
CCA lowell, SAR vanquis depending on what lowell returns.

Think this is the 4th letter that they've sent me. So i shouldn't ignore it no further, but CCA them?

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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 :)

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
Well, its your choice, but those are the 3 options to you right now.

I'm feeling the prove it letter is most applicable as no payment was ever made IIRC.

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
There is anther option of course, arrange to repay the loan.

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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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 .

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...