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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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LOWELLS Claim Form - old vanquis card debt***Settled F&FS***


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Claimant - Lowell Portfolio 1 Ltd

 

Date of issue – 23 January 2018

 

What is the claim for –

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXXXXXXXXXXXXXX ('the Agreement').

2) The Defendant failed to maintain the required payments and arrears began to accrue.

3) The Agreement was later assigned to the Claimant on 31/03/2014 and notice given to the Defendant.

4) Despite repeated requests for payment the sum of £742 remains due and outstanding.

And the Claimant claims

a) The said sum of £742

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.163, but limited to one year, being £59

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Unsure

 

What is the value of the claim? £931

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 2009

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

Why did you cease payments? Unemployment

 

What was the date of your last payment? Unsure

 

Was there a dispute with the original creditor that remains unresolved? Unsure

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Unsure

 

----------

 

 

Hi

 

First of all, thank you to everyone who helps on here, you're amazing! :grouphug:

 

I've been issued a Claim Form from the County Court Business Centre regarding a 2009 Vanquis credit card debt which is now with Lowells.

 

I used MCOnline to register and Acknowledgement of Service 10 February 2018 and have a PDF showing this date (I think I just made it in time!) I ticked 'defend all of this claim' and 'I intend to contest jurisdiction' (advice from another thread before landing here).

 

That same thread said to send a CPR18 Request for further information, which I am doing now from their template as well as a separate CCA Request letter.

 

Looking for advice on whether this is the right course of action.

 

Thank you all so much.

 

:behindsofa:

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not very helpful to answer unsure to almost every question

and where did you get the info from that said send a CPR 18?

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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Hello again

 

Yes, sorry, I know it's not very helpful but I just don't have any paperwork and can't remember :/

 

So, I just called Vanquis, and they say they don't have/hold any details of my account at all.

I found one old Vanquis card (not the original) in an old wallet with a valid from 03/2012 date on it.

 

They tried searching for this number but couldn't find anything.

The upshot is that I can't find out when the last payment was made, unfortunately.

 

I got the ideas that I needed to use CPR18 from another forum

 

So, what should I do now? Send the CPR 31.14 Request followed up by a CCA Agreement Request?

 

Thanks all, really appreciate your help. :)

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So, what should I do now? Send the CPR 31.14 Request followed up by a CCA Agreement Request?

 

Yes CPR 31.14 to the Sols and CCA section 78 to the Claimant.

 

 

Andy

We could do with some help from you.

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Given the time frames and your defence due date I doubt you will get any.....

 

Better to start looking at similar threads and start a draft...

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

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 The National Consumer Service

 

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

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now go back and ring vanquish against

 

ask for the last payment date

if they wont tell you

 

tell them that under

the prevention of fraud act

and

the data protection act

they MUST hold your data for atleast 6yrs

 

ask to speak to a supervisor/manager

 

if they still wont give you the info

tell them you'll be on the phone to the information commissioners office and will be raising a formal complaint against them right now

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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last 2 posts removed

what does it say in red at the top of the templates?

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
:lol:

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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Update: got back on the phone to Vanquis and said what you suggested.

 

I was put through to someone else and told that the information,

although held on an electronic archive, was not available to give over the phone.

 

This is because, they say, it would be a data breach so I have to write and request the information.

 

With regard to the letters, I don't have a printer and can't find one locally (been everywhere I can think of) but I can do it tomorrow and send them recorded then.

 

I hope I've now attached the letters on a link. Sorry about before :oops:

 

Thank you both.

Forum copies Lowell:Vanquis.doc

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we don't need to see our own filled in templates

we know what they look like!!

please don't publish them in the open forum!!

 

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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Share on other sites

Neighbour library

Could you not phone your bank and ask last payment to vanquis?

Or if you have online banking webportal look there too

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

I no longer have the account I had at the time or any information about it, so I'm stuffed. Apart from the CPR31.4 and CCA requests I'm sending tomorrow to Lowells should I be sending a letter asking for this info to the address Vanquis gave me?

 

Thx

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Go ring the bank and ask

 

I'm pretty sure we've had info over the phone from vanquis

I can't see why writing is needed

 

Can you not email them an attached and signed letter

With say a ctax bill copy to get the info

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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  • 2 weeks later...

Hello again! :typing:

 

I have been offline for several days but here is the latest.

 

I did as you suggested and again telephoned Vanquis to request the last payment date on the account (third time). Again I was told that there was no information about the account. I asked if I could email my request with proof of identity but was told this was not acceptable. After consultation with another department, I was told that the employee was not allowed to send emails outside his department. I was told to send my ‘access request’ by post and that:

 

 

  • My request must contain my signature
  • A fee in the form of a postal order for £10 must be enclosed
  • That it could take up to 40 days from receipt of request for them to respond
  • That I would not receive statements but rather a spreadsheet of all historic transactions

 

Also, I've not received any response to my CCA and CPR 31.14 request but did receive a letter entitled 'Notice of Pending County Court Judgment'.

 

So, I am today preparing my defence (due tomorrow) and have documented what I've done so far. Is there a template on here I can use to make this more professional?

 

Thanks everyone

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you need to go READ other threads

unless you've done it whilst not logged in

you don't appear to have read ONE other like thread.

 

its not a template

as each POC differs

however if you use our top red toolbar search CAG box

 

cliamform Lowell card

 

you'll see other peoples examples.

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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Okay, thank you. I'm not used to forums and for some ridiculous reason find them hard to navigate so thanks for being so clear. Ditto the legal stuff, it's all a bit mind-boggling! Will get into it now. :-)

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have a go and we'll guide you

post up what you think

we don't just hand them out as you must understand your defence else you'll look a fool infront of the judge

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
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