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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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Saj33

Lowell Claimform - old vanquis credit card debt***Claim Dismissed***

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I apologise, it must have deleted the page whilst i was editing the document to remove personal details. The page with my signature is there i can upload if you want?

 

Is there anything i should be worried about?

What is the best way in your opinion on how to approach the witness statement in court?

 

Could someone remove the attachment please i will upload once i have removed personal details

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already hidden


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I apologise, it must have deleted the page whilst i was editing the document to remove personal details. The page with my signature is there i can upload if you want?

 

 

:roll:


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We had a thread quite recently Saj33 with this crew getting their claim dismissed on the grounds that their "Claimants case management " screen shots were irrelevant and not proof from the originating creditor.......you didn't enter into an agreement with Lowell ...so their self created case management prints are irrelevant.

 

If it was Vanquis screen shots and customer data...that would be a different matter.

 

Perhaps DX can recall and locate the thread.....think it was a catalogue debt?

 

 

Andy


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buzzzzzzzz...........working.........


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

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

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still no agreement with sig part saj?? [you can blank your sig but not the date]


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nope whatever case it was eludes my expertise..........

 

dx


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We could do with some help from you.

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doc in post 79 updated with missing signature page of CCA

 

why is the OC's sig etc been pasted in over the top? [page 12]

 

was that them or you?


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That was them, the only thing i altered on that page was my signature. Does the pasted signature look odd?

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yes it doesn't belong there

so another reason to throw the whole thing in to doubt over the 'true copy' of the ORIGINAL AGREEMENT

and its T&C's

 

I believe if you go look at other vanquish claimform threads with docs.

 

the T&C's also have the borrowers name and address up the top

your all just say us and you the borrower.

 

smells to me that the whole lot is a cut n paste jobbie by lowells designed to try an fool you and the judge.


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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

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Hi,

 

Just preparing for my hearing tomorrow, thank you for all your help.

 

I will let the judge lead the hearing, so far i will argue the following:

 

1) lowell have failed to provide the original agreement and they have confirmed the exhibit in the witness statement is an application and not an executed agreement. The agreement looks to be pasted ( evidence of signature pasted over).

 

2) Lowell have failed to comply with the order

 

3) The screen shots showing transactions are irrelevant as it is not proof from the originating creditor.

 

4) I do remember having a vanquis account but i do not recognise the account number or the transactions listed in the witness statement.

 

Is there anything else i should mention?

 

I am going through various threads for now.

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getting there keep going


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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The only other thing i have noticed is the default letter and the notice of assignment from the original creditor do not have any logos, they are not the original letters.

 

I have never entered into an agreement with lowell, if lowell have purchased the debt, they should have all the supporting documents.

 

I do remember gaining an vanquis account however i do not remember any balance remaining on the account.

 

Lowell have failed to comply with the order and failed to respond to my cpr 31.14 request, lowell have had enough time to gain the documents requested.

 

Not sure what else i can say in my defense?

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well def hark on about that supposed signed agreement sheet

there something funny going on there with that pasted signed on behalf of vanquish box.

 

certainly backs up your whole story that its a cut n paste jobby

and that the T&C's are just filing cabinet copies without you name and address anywhere on them.

 

also, point out the bit in their WS whereby they state you admit to having the card

you didn't say that..

point out the exact wording from your defence.

 

watchout for them wanting a little chat

before you go in

smile and politely tell them to .....


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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Thank you dx.

 

I am done researching so will go with everything i have stated above.

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Best of luck for tomorrow Saj33...update your thread...good or bad.

 

 

Andy


We could do with some help from you.

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I am the courts, just awaiting the hearing.

 

The solicitor took me into a room and tried to talk to me and i said you do know what happens at a small claims court

 

i said yes and there is nothing else to talk about then left the room.

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Its a win!!!!:)

 

The judge questioned the order and why the claimant did not provide all the documents as per the order, the claim was denied on that basis.

 

I did not speak at all but as i was leaving the judge did say i was very lucky :)

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:thumb: Thread title amended to reflect the outcome....well done.

 

 

Regards

 

Andy


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