Jump to content


lowell and vanquis card 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1794 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I have a debt which is outstanding with Lowells, the information on my credit file is confusing.

 

Name [Me]

Address [Old address]

Date of birth [DOB]

Account type Credit Card

Account number *****4787 0

Account start date 05/10/2010

Opening balance £ 1,352

Repayment frequency Monthly

Date of default 31/01/2013

Default balance £ 1,352

 

The above information is accurate, but i think that they are clutching at straws.

 

I say this because i have been sent one of their knocked together in excel style "Digital Signature Application Details"

as proof of the debt,

 

 

when they sent this the letter on the back it stated that they would also provide a copy of my agreement which they have requested from the original creditor - this has never been received.

 

 

The letter also states that until that is provided my account would be on hold

- but they have sent letters since that time.

 

Because the account was only opened in October 2010 and payments were made until into mid 2011 on this card

I know that i could wait until into next year and it would be statute barred,

but i think that i have the potential to fight this sooner and have it removed from my file at the same time

 

 

- which would be great as i hope to apply for a mortgage in October this year

 

Is there a safe way to go about fighting this without admitting ownership of the debt with a view to getting it removed?

 

Thanks!

D

Link to post
Share on other sites

who's the OC?

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

sar to vanquish

find out why they sold it

ROP[ppi] penalty charges?

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

They will have sold it for non payment and me ignoring them,

i had a habit of doing it around that time!

 

I don't think that there will be any PPI on that one,

there may be some charges as my limit was never the amount of the debt

so something has been added on since i originally had the card.

 

Will start with a SAR thanks very much

Link to post
Share on other sites

Hi,

 

No letters.... i answered by mistake one day and said i do not acknowledge the company nor the alleged debt

and whilst i have been bombarded with letters

i have never had an agreement with lowells and wont engage in conversation.

I didnt pass security or anything.

 

The defaulted payment will have been years earlier but they registered the default late if that matters any

 

I intend to SAR Vanquis in due course, will post back with results of that

 

Thanks

Link to post
Share on other sites

  • 2 months later...

HI Guys,

 

Sorry for the delay but during this time i submitted the SAR.

 

I have received the following items;

 

  • List of transactions
  • Copies of Statements
  • Copies of Original Terms
  • 'Digital Signature' information

 

There is absolutely no information present about the account passing to Lowell.

 

The Digital Signature information largely matches the Digital Signature information which was provided by Lowell

however there are slight differences;

 

 

Where the Vanquis version shows 0 or No Data Given for a field, the Lowells copy shows blank fields.

Also the address data on the Lowells copy is not capitalised

where as the content of the Vanquis version is capitalised...

This suggests that Lowell have constructed a version to mimic that which was originally provided by Lowells.

 

There is no PPI associated with this account, There are charges shown as;

 

 

  • Billed Finance Charges - Purchase Interest
  • Billed Deferred Finance Charges - Purchase Interest
  • Overlimit Charge - Default Fee Plan Int Free

 

Charges sum to approx 40% of the total amount claimed,

towards the end of the account the charges were more than the direct debit payments which continued to mid 2012

 

The account open date was 05.10.2010 and the final entry on the transaction summary list

shows a 'FINAL CHARGE OFF' which zeroises my balance with them, dated 03.06.2015

 

Vanquis have been writing to me for some time, since before the FINALL CHARGE OFF,

but without sending a SAR (which other posts suggest I should not do to a DCA)

i couldn't give you any specifics

 

Please could someone advise on the next steps?

From past experience with Lowell I do anticipate that they're about 2 letters away

from commencing legal proceedings and i would very much like to blow this out of the water

or come to some sort of arrangement to avoid this.

 

I guess a perfect world scenario would be something that gets this removed from my credit file entirely,

not marked as satisfied and not marked as settled but completely removed or the default removed at least

 

I am more concerned with my credit rating

(need to buy a house quickly as my daughter is out growing current accommodation rapidly!) than anything else

But i also dont want to fund a company which causes suffering to thousands of people with my money too!

 

Thanks in advance!

 

Regards,

D

Link to post
Share on other sites

I am a little confused

 

Are you aware that any agreement after 2005 can have been signed for online with a tick box

 

Also if Lowell sent you a reconstituted agreement it does not need to match exactly the actual agreement , it just needs to contain the information that would have been on the other , details like capitalisation or blank boxes where there was no info will not make a difference, or at least I suspect a judge would agree that it was all kosher.

 

If however the detail was different , for example address, APR, penalty charges , then that is a game changer.

 

For a debt of that age to enforce in court agreement wise they would only needed a valid recon and some evidence that you had used the card

 

Having said that, Vanquis were not the best at that time in sending proper default notices out so that may be an avenue to explore but don't tell them just yet what is wrong.

 

As for the notice of assignment, in reality, if they can show on balance that you were sent a notice of assignment to the address they had on file that will again be sufficient. It is common practice , and perfectly legal for the purchaser to send copies of the NOA's .

 

As regards getting a mortgage , well I can't see how or why they will remove the default and mortgage companies are pretty strict regarding credit histories when lending, its not like the old days of the 90's when almost anyone could get a mortgage just by saying my income is x

 

If you haven't done so already, a S78 request to Lowell should be your next move

Any opinion I give is from personal experience .

Link to post
Share on other sites

Thanks for coming back so quickly

 

I take it an S78 request differs from the SAR i have already provided - I guess this will be about the Notice of Assignment and Default letters? I have a few letters here from the SAR but they are about overdue payments, nothing about assignments or defaults. Is there a template for this S78 request somewhere?

 

I was hopeful that i could perhaps offer to pay Lowells in exchange for a correction to my credit file, I say hopeful... i expected this wouldn't be possible but wondered if anyone else had taken an approach like that before.

 

It sounds to me that i cant do very much?

 

Cheers,

D

Link to post
Share on other sites

It sounds to me that i cant do very much?

 

Quite the opposite. There is a LOT you can do.

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

Link to post
Share on other sites

CCA Request.

though you say lowells has already sent one?

default notice shuld be in the sar or atleast noted one was sent.

as for the charges

pop EACH charges in this

enter their int rate in cell d 15

 

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

 

 

is there anything monthly called ROP?

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

Thanks for coming back so quickly

 

I take it an S78 request differs from the SAR i have already provided - I guess this will be about the Notice of Assignment and Default letters? I have a few letters here from the SAR but they are about overdue payments, nothing about assignments or defaults. Is there a template for this S78 request somewhere?

 

I was hopeful that i could perhaps offer to pay Lowells in exchange for a correction to my credit file, I say hopeful... i expected this wouldn't be possible but wondered if anyone else had taken an approach like that before.

 

It sounds to me that i cant do very much?

 

Cheers,

D

 

The great thing about a S78 request, especially when the debt has been sold on, is that without a compliant agreement they can not enforce in court

 

With regard to the default date you may well be able to get it back dated to maybe Jan 2012 , 6 months or so after the last payment , this will then fall off your credit file after 6 years.

 

Personally I have not heard of people successfully having defaults removed UNLESS a court has ruled it irredeemably unenforceable which I think is not likely in your case because of the start date.

 

There are however plenty of things that can be done to keep the creditor at bay until the debt becomes statute barred.

 

From what you have written it seems you have some experience with Lowell and legal proceedings , did you head these off before judgement or did you pay up.

Any opinion I give is from personal experience .

Link to post
Share on other sites

From what you have written it seems you have some experience with Lowell and legal proceedings , did you head these off before judgement or did you pay up.

 

Thanks i'll try to find a template for the S78 request and see what that digs up...

 

The other case is fairly recent, the debt was JUST barely statute barred when they entered the claim so it was nipped in the bud immediately, thankfully! I was lucky enough that the OC, Vodafone, released all the evidence i needed through web chat despite me having no account numbers or anything!

 

Mortgage broker can get me a mortgage no problem, just the rate will be be higher than i would like and the deposit a little on the hefty side! He doesn't believe paying the default off will make a difference to any lender decision which surprised me!

 

Cheers,

D

Link to post
Share on other sites

CCA Request.

though you say lowells has already sent one?

default notice shuld be in the sar or atleast noted one was sent.

as for the charges

pop EACH charges in this

enter their int rate in cell d 15

 

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

 

 

is there anything monthly called ROP?

 

Hi dx...

 

No ROP references... I'd been stung with PPI before on loan when i was younger so i would have nipped that in the bud early if it had been applied.

 

Can you explain how the charges claim would work? I presume that this would only be valuable if it ever did go to court and could form part of my defense to have the balance adjusted?

 

Definitely no default notice in the SAR and no reference of one being sent either that i can see, I will trawl through again though in case i missed it.

 

CCA and terms came in the SAR, not sure what to check in the terms for anything beneficial, i've read through but nothing is jumping out at me

Link to post
Share on other sites

Thanks i'll try to find a template for the S78 request and see what that digs up...

clickme link in post 12

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

Hi Landros

I am glad you have a broker who can sort a mortgage out and yes from what i have heard it makes no difference if a default is settled or not, it is the default that counts.

 

After I sent a CCA request followed by a complaint to Lowell regarding my 2011 vanquish account they wrote it off as a 'commercial decision'. I believe there were several reasons they wrote it off; I wasn't working with no immediate prospect of work or indeed not so immediate- 2 years later I am still not working but studying a degree at a to 10 university, 2nd , the default notice that i possessed had been sent by email and was an absolute joke and finally they also had a bigger debt ( 3 times the size , that they didn't write off) I recently received a LBA for that which I have batted away with a S78 request - saying that the claim will drop on the mat tomorrow :jaw:

Any opinion I give is from personal experience .

Link to post
Share on other sites

Can you explain how the charges claim would work? I presume that this would only be valuable if it ever did go to court and could form part of my defense to have the balance adjusted?

 

Just looking at the spreadsheet now, I cant figure out the APR from the information they have sent... in the CCA it shows the possible APR's in Tiers but does not clearly state what tier applies to me, could be anything from 19.9% to 59.9%.. I think it was 39.9% but i'm not totally sure, I guess they should confirm this on request?

 

Also, not clear which charges can and cant be included in this calculator from the list of transaction types?

 

Ta!

Link to post
Share on other sites

 

Mortgage broker can get me a mortgage no problem, just the rate will be be higher than i would like and the deposit a little on the hefty side! He doesn't believe paying the default off will make a difference to any lender decision which surprised me!

 

Cheers,

D

 

 

correct

paid or not the default is there for 6yrs.

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

Hi Landros

I am glad you have a broker who can sort a mortgage out and yes from what i have heard it makes no difference if a default is settled or not, it is the default that counts.

 

After I sent a CCA request followed by a complaint to Lowell regarding my 2011 vanquish account they wrote it off as a 'commercial decision'. I believe there were several reasons they wrote it off; I wasn't working with no immediate prospect of work or indeed not so immediate- 2 years later I am still not working but studying a degree at a to 10 university, 2nd , the default notice that i possessed had been sent by email and was an absolute joke and finally they also had a bigger debt ( 3 times the size , that they didn't write off) I recently received a LBA for that which I have batted away with a S78 request - saying that the claim will drop on the mat tomorrow

 

So you've engaged with Lowell directly then? I'm in work and on a good wage, they would have no trouble getting the money from me if i let them - in fact i have it available i just dont want them to have it and use it to cause hardship for those who actually cant pay!

 

If the impact to my mortgage application is minimal then i may be best just holding off and seeing what happens, but from the letters i do sense that i'm a few weeks away from a court claim :(

Link to post
Share on other sites

correct

paid or not the default is there for 6yrs.

 

Was just hoping it would be taken into consideration that it is paid or unpaid slightly, but if not (and i dont have a chance in hell of getting Lowell to remove it) then i'm better not paying i guess

Link to post
Share on other sites

Hi dx...

 

Can you explain how the charges claim would work?

 

 

I presume that this would only be valuable if it ever did go to court

 

 

and could form part of my defense to have the balance adjusted?

 

 

 

no nothing to do with any defence

you can put a claim innow.

get that cisheet does

follow the red guide on it

enter every penalty [£12] charge on the date it was levied

enter their int rate in cell d5

comeback wit the figure.

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

no nothing to do with any defence

you can put a claim innow.

get that cisheet does

follow the red guide on it

enter every penalty [£12] charge on the date it was levied

enter their int rate in cell d5

comeback wit the figure.

 

Some charges show as interest free, not sure if they should be added in separately but ill populate it and take it from there... just wont be able to confirm the interest rate as it hasnt been provided

 

Ta!

Link to post
Share on other sites

https://www.vanquis.co.uk/credit-cards/terms-and-conditions

 

 

4.11 We will only charge simple interest on Default Charges. We will not charge any interest on a Default Charge until the 29th day after the day we give you notice that the Default Charge has been charged to your Account. See paragraph 5.1 for details of Default Charges.

 

 

 

5. CHARGES AND FEES

 

5.1 If you breach this agreement we may charge you for the following administrative costs:

5.1.1 if we have not received your Minimum Repayment by the Repayment Due Date, a charge of £12 (''Late Payment Charge'');

5.1.2 if the balance of your Account is over your Credit Limit, a charge of £12 (''Over Limit Charge''). You would also be charged this Over Limit Charge in each subsequent month that your Account remains Over Limit;

5.1.3 if you pay us by cheque or direct debit, and the payment is not honoured, a charge of £12 (''Return Payment Charge'');

5.1.4 if you pay a third party using a Vanquis credit card cheque and you do not have sufficient credit available, we may have to return the cheque unpaid to the third party. If we do so we will charge you a fee of £12 ("Returned Credit Card Cheque Charge");

5.1.5 if you move and you do not inform us of your new address and we have to trace you, a charge of £25 ("Tracing Charge"); and/or

5.1.6 any other expenses recoverable by law which we reasonably incur as a direct result of your breach of this agreement.

 

5.2 We may change any of the above Default Charges. We will give you at least 30 days' notice, unless the changes are to your advantage.

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

I have that in a different section in the copy they sent, its under section 3.9 for simple interest reference and 4.1 for the rest but everything is the same. That covers the £12 fees but its not clear on the interest rate? Simple interest at what rate?

 

Theres also other charges which vary.... I cant see a way to add an image to show you what i mean but;

 

Overlimit charge - default fee plan int free - £12 (repeated monthly)

Billed finance charges - purchase interest - varies on balance outstanding, increasing a bit each month, avg. £40

Billed deferred finance charges - purchase interest, varies a little, very small amounts, average £1 a month

billed finance charges - default fee interest - varies, very small, average £1 a month

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...