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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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    • Well done.   Please let us know how it goes or come back with any questions. HB
    • Incorrect as the debt will have been legally assigned to the DCA and they are therefore now the legal creditor. Read up on debt assignment.   Andy
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Lowel l Claimform - old vanquis card poss -SB***Claim Dismissed***


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If your sure it only states that the claimant disclose and submit witness statement and not parties.....then that must be correct given that a trial date has yet to be set.Its just strange that only the claimant submit by 27th July and you the defendant do nothing.

We could do with some help from you.

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ah yes I forget it was enclosed with the witness statement.....this is very good for you as the court is testing the claimant before giving you directions to see if they could disclose the documents requested.

 

So now we need to scrutinise their documents in particular the defaults and last payments.

We could do with some help from you.

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  • 1 month later...

Hi Andy and co,

resurrecting this post as I have received a trial date and request to submit my own evidence now.

 

I have none of the original paperwork for the vanquis account,

nor any documentation sent by Lowells,

other than that to do with this court case.

 

The only thing I hold electronically is a copy of the last letter I sent to vanquis with the last payment of £1, as noted on the account statement on 08.04.2011.

 

I can submit this and a witness statement. I am determined to fight this,

 

I would really appreciate any advice that can be given on what to include in my witness statement and any additional supporting information.

 

I am doing as much research as I can in the background.

 

Thanks in advance

TP

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Same stage on the following thread.......your evidence is also any CCA/CPR requests and responses and anything you wish to rely on and refer to either in your defence or witness statement.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?477490-Lowell-claimform-old-Creation-Finance-loan-debt/page4

 

Regards

 

Andy

We could do with some help from you.

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Plenty on here at the same stage...take your time on this as this is vital to defending a claim.

We could do with some help from you.

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  • 4 weeks later...

UPDATE

 

Hi, I thought I would update interested parties on progress of my case. I submitted my defence as requested and on time. I called the court today as I had not heard anything subsequently and they confirmed that Lowell paid the trial fee on time so the hearing is going ahead on 6th November.

 

I am still amazed that Lowell intend to push this case based on the cause of action being the date the default notice took effect rather than my last correspondence/payment with the original creditor, and yet they have failed to provide the evidence to support this (other than a poorly photocopied template default notice with generic data).

 

My defence drew the judge's attention to this and to the fact that vanquis t&cs did not (and do not now) include any terms regarding default terms, or default periods.

 

However I am going to court. I am in no position to afford legal representation for this case so will have to represent myself.

 

At this stage I would appreciate any pointers in terms of research I need to do beforehand or access to free legal advice/representation. Also if anyone has experience of what I can expect on the day that would also be greatly appreciated.

 

Thanks as always

TP

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Have you submitted your evidence (Witness statement and disclosures) ?

 

Post a copy of your WS here for checking

 

Andy

We could do with some help from you.

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Thanks for reply Andy, yes evidence submitted to court and OP.

 

Comprised WS and exhibits, which included a copy of my last ever correspondence with Vanquis,

and return copies of Lowells evidence with notes,

these being the incomplete T&Cs from Vanquis,

and the poor copy of template default notice,

along with copies of Section 5 Limitation Act 1980 and Section 87(1) of CCA 1974.

 

I have attached my WS and the copy letter as this is the only new information.

 

Grateful for feedback and your time

Thanks

TP

CCCS Letter to Vanquis March 2011 data removed.pdf

Witness Statement Lowells 21.09.17 Data Removed.pdf

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nice WS.

 

dx

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... 

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Thank you. I don't mind admitting I spent a long time researching and composing that.

 

I will look in more depth at CCA and Limitation act and examples of cases and law regarding statute barred debt.

 

I am OK at presenting/defending myself however I want to be as prepared as possible.

 

Any pointers you can offer on research much appreciated.

 

TP

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  • 2 months later...

UPDATE

 

I just thought I would update on this case.

I defended myself in court today - AND WON!

 

The judge dismissed the case for lack of evidence

- the original default notice was never provided.

 

I've got to say it was one of the most nerve wracking things I have ever done.

The representative from Lowel's tried to talk to me before the hearing and I summarily dismissed her

- I knew from reading on here that is one of their tactics.

 

I have some advice for anyone else in this position.

Do your homework.

 

The judge was impressed at my witness statement,

my knowledge of dates and details of the case, and my knowledge of the Limitation Act.

 

The OP tried to insist that the case was subject to section 6 not section 5

but in either case it relies on a default notice

and as such they shot themselves in the foot trying to take me to court on this basis

and then not provide the key evidence.

 

Also have courage.

I corrected the Judge on a point

- she insisted that the lack of default terms or defined default period was of benefit to me as in it allowed for the credit agreement to keep rolling,

however I told her that in fact it was clearly to the benefit of the original creditor as they had applied some £600 of charges to my account before serving the imaginary default notice.

 

When the OP tried to blame the Christmas post for the lack of evidence,

I was able to quickly assert that in their letter from last May they had clearly stated their case relied on the default period and as such the Claimant had had plenty of time to provide the evidence.

 

I am satisfied at the outcome and my intention is now to report Lowel to the FCA for their tactics and breaches of regulations.

 

Many many thanks to all that helped me on this brilliant forum.

I shall be donating and I am happy to offer any advice or talk through my experiences if it helps anyone else face up to these low life.

 

TP (smiling)

Edited by twopennies
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well done

shows the importance of reading here and not just being spoon-fed.

 

FSA became the FCA:madgrin:

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... 

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Excellent twopennies

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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Excellent. Definitely report Lowell.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 2 months later...

Hi, I know this case is over and done but I thought some might be interested to know the latest in my battle against Lowell.

 

I submitted two subject access requests, one to Lowel Portfolio I and one to Lowel Solicitors, and sent a scorching official complaint letter to Lowell.

I also contacted the Financial Ombudsman and the FCA.

 

Lowell have sent reams of paper in response to SAR but most of it is copies of information I already have.

Notably missing is any sniff of a default notice (the basis for their entire claim against me).

 

Lowel have failed to respond to my complaint and it is now over 8 weeks since it was lodged and the ombudsman is now contacting them to ascertain if they 'made a mistake' in their action against me.

 

I hope to have a copy of the transcript of the court hearing in next week or so.

 

I will update as and when I get news.

Any questions please fire away

TP

Edited by dx100uk
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What are you trying to achieve..the claim was dismissed ? A creditor is not required to retain a hard copy of the default notice...as long as they can prove one was issued via their internal audit systems..that satisfies the CCA1974.

 

Andy

We could do with some help from you.

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Just picking up a point on this - merely to clear it up in my own mind.

 

Would the cause of action not actually be 2009?

This being when the agreement was breached, and not subsequently remedied - therefore they had the right under the agreement at that point to issue a Default Notice and then commence recovery (through the courts, if necessary).

 

Last acknowledgement came later (April 2011) in the form of the £1 token payment, but to my mind, this does not represent a cause of action.

 

Thoughts?

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correct

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... 

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Share on other sites

Hi Andy,

 

Thanks for reply and good question. I wanted them to be held accountable for their actions, in the first instance. Wasting my time, the court's time, and in essence, bullying me into paying a debt that was SB by threatening court action. Most people would capitulate to their threats and end up paying and this is what frustrates the hell out of me. They shouldn't get away with this sort of behaviour. At the point that they KNEW there was no evidence of a default notice (in spite it being arguable that this was when date of accrual began), they should've stopped their course of action (this being May 2017).

 

It may be futile trying to take on this company but I still felt compelled to speak out about their behaviour.

 

I have now received a response to my complaint from Lowell. They have upheld my complaint, and have apologised for 'the trouble and upset' that the matter has caused and offered me a nominal sum by way of compensation. They are claiming they upheld the directions from the court but admit that they knew in May 2017 that a poorly copied template was all they had by way of the default notice. I am pondering what to do with this at the moment. My gut feeling is that if pursuing money is my goal then I could probably wring a bit more out of them, but since this isn't my goal, then for my own sanity I probably need to let this drop now as I have other things that need my energy and attention. Taking on the ethics of the debt collection industry can wait for another day!

 

TP

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Pleased you have got something out of them....:-)

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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