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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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Banks78

Claim Form Lowells/vanquis

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Hi There,

 

Very very new to all of this but was recommended by a friend to seek advice.

 

I received on Sat 2nd July a Claim for Lowell solicitors

in regards to a credit card debt I had some years ago when in a dire financial situation.

 

 

The sum total for the debt inc cost etc is now £723.

 

 

My situation has improved only slightly in that I am now working part time,

but I am trying to keep my head above water in regards to other debts.

 

 

Whilst at a push I could offer a payment plan of some description,

I was wondering if there is anyway I can fight this.

 

 

I wouldn't be opposed to paying vanquish the original debt now,

but to pay lowel who has bought the debt just infuriates me.

 

Just wondering if I have options or not.

I haven't had any phone or letter correspondence with them

though periodically I have received letters threatening action,

which I have ignored (I know My own fault ).

 

Appreciate any advice

 

thanks

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Hi Banks78

 

Welcome to CAG

 

Please see here; http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Please fill out first post and paste back here.

We will then assist as best we can.

 

We need to know the POC (Particulars Of Claim)


**Fko-Filee**

Receptaculum Ignis

 

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Hi Thanks for reply. I hope I have answered correctly. I just need to print off the request for Agreement forms from the Claimant tomorrow and send them I am guessing recorded?

 

 

firstly - read all the posts in this thread FIRST...

 

 

then copy this first msg to your thread - and put your answer after each question

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 30th June 2016

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

1) the defendant entered into a consumer Credit Act 1974 regulated agreement with Vanquis under account ref xxxxxxxxxxxxxxxxxxxx

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3)The agreement was later assigned to the Claimant on 15/02/2013 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £549.10 remains due and outstanding,

and the claimant claims

a)The said Sum of £549.10

b)Interest pursuant to s69 County Courts Act !984 at the rate of 8% per Annum from the date of assignment to the date of issue, accruing at a daily rate of £0.120,but limited to one year being £43.93

c) Costs

 

 

What is the value of the claim? £723.03

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? No CRedit Card

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Honestly cant remember. I just started to receive letters from Lowell

 

Did you receive a Default Notice from the original creditor? Probably

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? I was in financial difficulty from various creditors and was in a cycle of bank charges on a benefit wage.

 

What was the date of your last payment? I have no idea. Was probably 2009 sometime/2010

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? No

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Hi Banks, i have edited the card number, no one needs to see it, if you are ever uploading or typing info, please do not put any identifying info in any post and redact any personal info from uploads

 

Martiin


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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Ok so first thing is to go to MCOL website, register and acknowledge the claim, leave juridiction unticked but tick defend all, then exit MCOL

 

Call vanquis and find out when that last payment was made, its important


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Then you need to send a CCA request to Vanquis and also a CPR 31:14 to the solicitors

Make sure use the credit card version and not the current account version


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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oops Sorry about that, Thanks Martin.

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If your credit file is not that bad the last thing you need is a CCJ to trash it for another six years.

 

As it is for such a modest sum have you considered a "Tomlin Order" as a way of avoiding a CCJ?

 

It is something to consider

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Hi Sorry for late reply/updates I have been working.

 

as per the first reply from martin2006

I sent out the letter to Vanquis requesting the info and Also to Lowell.

This was done on the 6th July (The day after my last log in)

I sent recorded and signed for so they should have received at latest 8th July.

 

 

I received another letter from Lowell telling me of said legal proceeding issued against me and telling me to call them to arrange payment's, and that if I do not reply to the claim or contact them in time then they may enter a CCJ against me.

 

Do I just wait now for a reply from either Vanquis or Lowell?

Also what do I do if I hear nothing in the timeframe in regards to the court claim?

 

I am afraid I don't know what you mean,

so I cannot answer if it could Stat Barred, could you elaborate please?

Do you been it could be out of time for collecting on the debt?

 

I am guessing my last payment would have been when my little girl was 3-4 she is 9 now.

Though it may have been earlier.

 

 

As awful as this sounds I went through a phase of head burying and so I never kept a record of payments or dates. My memory is ridiculously bad!

 

Is it possible that vanquish still have the dates after such a long time now they have sold the debt?

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Have you acknowledged service of the claim?

 

Have you worked out what date your defence has to be submitted ?

 

Andy


We could do with some help from you.

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

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Hi Andy Yes I have acknowledged service on MCOL but not worked out date? The Issue date was 30th June. Though I only received it on the 3rd July.

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1st August is your deadline


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

 

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

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I Am still trying to find the date of the last payment. Vanquis aren't being very helpful.

 

Thanks Andy. So do I need to do anything more or just wait? If no information comes via Vanquis/Lowell do I need to do anything further do you know?

 

 

Thanks

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Go ring vanquis

 

Ask last payment date

 

Don't miss your def filing date whatever happens

 

Go read like threads too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So for clarity Banks78,

 

IF the last payment was more than 6 years ago, then it is Statute Barred and that is the defence you will use, it is absolute.

 

However, IF the last payment was less than 6 years ago then it will depend on what, if any, paperwork materialises from the CCA request and CPR 31:14

 

Now that you know why it is so important to find out when your last payment was made and unless you already have the statements to show, or your bank account to show it, you MUST find out from Vanquis when this was


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks MArtin2006... its slowly becoming clearer.

 

I finally got through to vanquish

a nice boy called Ben told me he couldn't access my details

and therefore wasn't allowed to tell me any information.

 

Whether he couldn't access for security reason or more than likely because it has been sold on.

 

He gave me a number 0845 3009410.

 

When I questioned who it was and whether it was vanquish or not,

Ben just continued to tell me he couldn't tell me any information..

.... So I guess it wasn't Vanquis!

 

Any ideas on how I obtain my last payment date from here if Vanquis are unwilling to participate?

 

TIA

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usual vanquis non help monkeys - how do they qualify for the job ? after 99 attempts they are able to pick up a phone maybe?


:mad2::-x:jaw::sad:

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thats really not on if its not outside 6yrs

or totally correct in a way if is

 

 

i'd be cheeky and ring again

diff people give diff answers.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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An alternative possibility is to check your credit files. They may show the last payment month.

 

Www. Clearscore.com and http://www.noddle.co.uk are both free


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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usual vanquis non help monkeys - how do they qualify for the job ? after 99 attempts they are able to pick up a phone maybe?

 

 

 

Hehehe The poor boy did sound completely stumped at first!

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Quick update. I received my computer signature contract from Vanquis today

they had a covering letter stating they had sold the debt on,

and gave me Lowell contact details.

 

The contract was started on 23rd nov 2010 so I am a few months short of the Stat Barred period.

So now just awaiting if Lowell send me anything.

will keep you posted.

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The contract may have started then but whats important is the last payment date to begin the SB clock from


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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why did you write to vanquish

CCA to Lowells

CPR to lowells solicitors...or is it BW?

 

the claim is nowt to do with vanquish

the debt has been sold

 

if the card was started in nov 2010 it cant be sb'd can it?

 

check your credit report


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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