lowell and vanquis card 'debt'

[dx100uk]

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

 

 

This first spreadsheet is the latest version of the statutory interest calculator and is used for Single Premium PPI cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans. It can also be used for S69 redress calculation on any sum, like on a closed/frozen interest PENALTY charges claim.

 

StatIntSheet v101.xls

[Landros]

Hi,

 

Sorry for the delay. Just going through this calculation now... and i have a couple of questions

 

1. Am i right in thinking that i should edit to remove references to PPI as this is overdue charges?

2. Should the claim TO date be the current date or the date the account was passed to Lowell?

3. This form when completed (and possibly edited, point 1) should be sent to Lowell, yes?

4. There is another charge (£12) for late payment fees, can this be included also?

 

Also, I'm wanting them to back date the default to a more accurate date. What would you say is an acceptable request here please? Would it be reasonable to request this back dated to when i stopped making payments on the account?

 

Thanks!

Dave

 

What i am thinking of asking them is;

 

1. To provide the documentation they promised December 2015
   
2. To update the default to the date of the first default charge
   
3. To remove the charges and interest from the amount owing
   
4. To reduce the remaining balance by 20%
   
5. To consider this a full and final settlement and mark my credit file accordingly
   

 

If this is all pie in the sky please let me know, I'd really like to have this removed from my file entirely but I cant see them doing this from what i've read, maybe the above is more achievable? This would mean my default will drop off next October rather than in about 30 months if they bite

 

Note that I expect a course of legal action to commence which i am trying to intercept and prevent

 

Cheers!

 

Proposed letter may make this clearer;

 

To whom it may concern,

 

You have failed to provide an original agreement which is a requirement for this matter to be enforceable. Despite your letter dated 8th December 2015 clearly stating that the account is on hold you have continued to pursue this matter.

 

I therefore request that you cease and desist with this course of action with immediate effect or fulfill your obligation as per the aforementioned letter.

 

I would add that no sum shall be paid until your obligation is met and you can prove my liability. On receipt of sufficient evidence to that effect then the outstanding balance would only be paid after the fees and charges have been removed from the account and the default date is backdated to the correct time of an actual default.

 

In summary, if you are able to;

 

1. Fulfill your obligation as per the aforementioned letter and prove my liability in this matter with original agreements and statements

2. Backdate the default you registered against me to October 2011 in line with the correct default date

3. Deduct the unlawful charges from the amount owing, and the interest accrued

 

On the above conditions and with confirmation in writing that the above has been completed, after sufficient time that the change to my credit file has been updated to reflect point 2 above I agree to pay the remaining sum, less the charges and interest and less a 20% payment discount which has been offered previously

 

I calculate this sum as follows;

 

Sum Claimed £1,352.32

Total Charges -£ 204.00

Total Interest -£ 68.29

Sub Total £1,080.03

20% Discount -£ 216.01

Settlement Offer £ 864.03

 

This settlement offer I make to you is to be considered full and final and my credit file should then be updated as Settled.

 

If you agree to above terms please confirm so in writing.

 

If you are unable to comply with your obligation on the aforementioned letter then I request that you remove ALL entries regarding this account from my credit file at your earliest opportunity.

 

I just found this on another post and wonder if this may actually be all i need to do??

 

 

Dear Sir/Madam

Account number – XXXXXXXXXX

 

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) consumer crediticon Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

X

[dx100uk]

1. rename to penalty fees

 

 

2. claim to date is left as it is [should be auto updating each day via a formula

 

 

3. no the original creditor.

 

 

4. yes ALL £12 fees whatever they are

 

 

....

 

 

cant see any point in either of the two letters

certainly ye second one.

you don't chase a failed CCA to a DCA...

 

 

.

 

 

the default is jan 2013 so when do you think it should be

without going back over the thread.

 

 

don't forget a covering letter for the charges reclaim.

 

 

dx

[Landros]

For the charges i find it strange that i am claiming for something i have not paid if contacting the OC?

 

I think the default date should either be the date of the first default charge (October 2011)

or the date they stopped applying charges (October 2012)

 

But the default was registered by the DCA not the OC

 

I really would like the default removed or back dated as much as possible, even if i pay for that.

 

Ta!

[dx100uk]

charges are notional as you've not paid them.

 

 

ideally the defaulted date should be your third missed/short payment.

 

 

a dca cannot default a debt

its defaulted by the OC as part of the sale process/tax write-off process

 

 

dx

[Landros]

If the only the OC can issue a default,

then should the SAR i sent them not have included a copy of the default notice?

And would that not correspond with the final charge off date in 2015?

 

Its all rather odd looking on my credit file...

 

2010 - 2011 = Original OC card with lower credit limit with original account number - Monthly updates until settled

 

2013 a new account shows up under DCA

- This shows a start date of 2010 which coincides with the above,

but the ONLY record on there is a default from Jan 2013,

no prior and no subsequent updates

- this references the DCA reference number on the file and neither of the OC account numbers

 

These both show totally separately

 

That means that the increase to the credit limit in 2011

didn't result in a new account (or updates to existing) on my credit file at all..

. it should look more like

 

2010 - 2011 lower limit (original account number)

2011 - 2012 higher limit (new account number)

Then some transfer to the DCA took place i guess at the time of the default, start of 2013

 

Seems like someone stuffed something up somewhere

and i feel that i can probably use something to get the default removed but i dont know what yet!

 

Cheers!

[Landros]

I have spotted that the OC sold to Moorcroft, not to Lowell too if that makes a difference to anything at all. Probably not.

[dx100uk]

Moorcroft don't buy debts

so who was their client

[Landros]

Maybe sold is the wrong word...

 

What i'm seeing is one of the last letters in the SAR from vanquis states

 

''Youre details have been passed to MOORCROFT DEBT RECOVERY LIMITED to recover the outstanding debt. Please contact them directly on..." Send from Vanquis to me.

This features on a number of the letters towards the end of any dealings with Vanquis

 

I cant see any specific letter stating they are transferring or anything

I also cant find and dont recall ever getting a default notice from anyone

[dx100uk]

If the only the OC can issue a default,

then should the SAR i sent them not have included a copy of the default notice? - no only an entry in the comms log is required

And would that not correspond with the final charge off date in 2015?

 

Its all rather odd looking on my credit file...

 

2010 - 2011 = Original OC card with lower credit limit with original account number - Monthly updates until settled

 

2013 a new account shows up under DCA

- This shows a start date of 2010 which coincides with the above,

but the ONLY record on there is a default from Jan 2013,

no prior and no subsequent updates

- this references the DCA reference number on the file and neither of the OC account numbers

 

These both show totally separately

 

That means that the increase to the credit limit in 2011

didn't result in a new account (or updates to existing) on my credit file at all..

. it should look more like

 

2010 - 2011 lower limit (original account number)

2011 - 2012 higher limit (new account number)

Then some transfer to the DCA took place i guess at the time of the default, start of 2013

 

Seems like someone stuffed something up somewhere

and i feel that i can probably use something to get the default removed but i dont know what yet!

 

Cheers!

 

 

that's pretty much std practice for a DCA's entry

[Landros]

No references to a default notice at all in the results of the SAR from vanquis.

Is it a dead cert that DCA's dont/cant register a default?

[dx100uk]

only the OC can issue default notices

 

its there just look for it.

 

 

dx

[dx100uk]

Maybe sold is the wrong word...

 

What i'm seeing is one of the last letters in the SAR from vanquis states

 

''Youre details have been passed to MOORCROFT DEBT RECOVERY LIMITED to recover the outstanding debt. Please contact them directly on..." Send from Vanquis to me.

This features on a number of the letters towards the end of any dealings with Vanquis

 

I cant see any specific letter stating they are transferring or anything

I also cant find and dont recall ever getting a default notice from anyone

 

 

Moorcroft only chase debts

so there wont be a NOA for them.

though there should be ref to selling to lowells or tax write off

the default will be around that date

[Landros]

I've been through the SAR again and cant find anything in there regarding a default notice, so I've sent them another letter to ask for a copy or, if one cannot be provided, then a reason why they cant.

 

I also cant find any reference in the SAR from the OC to Vanquis (or anyone other than moorcroft)

 

Cheers,

Dave

[dx100uk]

scan up the comms/account log in pdf please

[Landros]

Hi,

 

Sorry for such a long gap, things have been hectic at work and so i've left this on the back burner.

 

 

In any case, Vanquis provided a default notice when i re-requested it (took three attempts in the end but they provided it).

 

Just got a letter through from BPO collections.

Any experiences of dealing with these chaps?

They offer a 40% discount on the amount owing if i pay in a single lump and a 25% discount if i spread the cost.

 

I managed to get the mortgage i wanted (surprisingly with a great rate!)

 

 

so i'm now less concerned about doing much of anything with this until an actual court threat comes through - is this a good or a bad plan?

 

Cheers!

[martin2006]

Its a good plan, ignore anything from BPO and ask yourself why they are offering any sort of discount if they could enforce it in court and get the lot plus interest and stuff you with a ccj?

 

Only time you need to respond is to a N1 claimform.

They have your current address if theyve written to you so just keep that letter and any others safe for now.

[dx100uk]

discount sounds interesting....

 

 

if they are offering 40%

there must be double that kicking around in reclaiming

[Landros]

Yep - keeping everything. Mostly repetitive nonsense from Lowells.

If they do send the N1 i'm not sure what defense i would have, if any? - It's old, but not barred

 

Is BPO a trading name of Lowells or have they sold it on again? (cant find anything to confirm either way online)

[dx100uk]

same lot

[martin2006]

Worry about a defence if and when an N1 arrives