Lowell claimform - OHs Vanquis Claim Form***Settled by Tomlin Order***

[nomoremoney]

Apart from the swapping of him to her and other things showing they obviously copy and paste all this, some parts stand out to me straight away:

 

19 do they need proof they sent the default notice?

 

21 what are they refering to?  We did not try to accept any offers or even contact them other than the CPR requests.

 

22 RC4 shows they sent the notice of assignment to our previous address after we had moved

 

Claimants witness statement redacted1.pdf

Claimants witness statement redacted3.pdf

[dx100uk]

they must produce a copy of the original default notice from the original creditor

not sure how many times lowells have lost or disc'd a claim upon this point alone now.

 

converted and attached as a PDF

 

[nomoremoney]

Isn't that RC3?

[dx100uk]

opps yes

and opps name and A/C showing 

i'll see if I can deal now

 

[nomoremoney]

Thanks for sorting the pdf.

 

Think they covered all their bases with this one?

[AndyOrch]

Very similar thread and statement and exhibits in which the Judge allowed judgment......

 

Andy

 

[nomoremoney]

I'm struggling to see how to win this one, especially now after looking at the other thread.

 

Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?

 

Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?

[fkofilee]

Why would they offer a Tomlin Order? Surely they would only do that if they weren't 100% it was going to be a win...

They reclaim their costs from the debtor if successful?  

[Old Cogger]

then they would not have to go thru court process and no doubt loose??  

[nomoremoney]

Why do you think they will loose?

[Old Cogger]

I stated they might loose, a chance they may take , if they do then they loose fees etc, every case is different = there are no wills/wont"s,   many a case they loose or pull out of at the last minute before they loose their fees etc  there is no guarantee in any case,  by the way A Tomlin Order can be arranged up to the last minute if they have not discontinued the case (they tend to leave last minute for you to collapse and they get their holiday or xmas party fund = (The debt purchasers dirty trade, read threads you are not alone, and you may see others stories where they have beaten them/

[fkofilee]

With Debt and court cases. Its who blinks first who loses a lot of the time. It is a judge lottery and it is also a pain in the backside. 

Lowell temp fate with the debts they buy all the time. There isnt really much you can do apart from follow the processes. Think about it - If you hadnt of come here then you woudlnt have learnt what you know now. 

 

They have to work for their money on the off chance they MAY win... Ive seen weird decisions in court - When all the odds when in the Creditors favour - They still either pulled out or even lost the case... Faulty DN, Missing Docs... The list goes on. 

[nomoremoney]

The big worry here is that this is my wife's debt. And she is very shy and nervous and absolutely dreading having to speak up in court.

 

If it's not a sure win that's why I'm thinking it would be better to negotiate now, instead of with a CCJ. This is the only negative on our credit files and it will drop off next year.

[AndyOrch]

2 hours ago, nomoremoney said:

I'm struggling to see how to win this one, especially now after looking at the other thread.

 

Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?

 

Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?

 

In that thread the Judge was wrong...the whole case relied on the Default Notice and he accepted that the Notice of Arrears was part of the default notice and because the NoA was dated it was okay...even though the actual default notice was not dated...as yours (RC3)

 

A Notice of Arrears is not part of the Default Notice...its a requirement that was introduced by the The Consumer Credit Act (CCA) 2006 and its amendments.

Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C.

If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.

 

So there is no connection between the Default Notice and the Notice of Arrears...two completely different notices unconnected.

 

So if the Default Notice is not dated then it fails the prescribed terms required pursuant to section 87 & 88 of the CCA1974.Your DN that states for you to rectify the breach you are required to pay the amount stated by 7th April 2014...but given the DN is not dated it cannot equate from when...what date ...when was it received .You may have received it on the 1st April...therefore the prescribed time of 14 days plus service cannot be proved...therefore it is invalid.....and that Judge was wrong.

 

Andy 

[nomoremoney]

Mine does have a date on top right - 18th March. 

[AndyOrch]

No it isn't dated.....thats the Notice of Default...not the Default Notice

[nomoremoney]

Got ya.

 

No address on it either. But wont they argue that it came in the same envelope as the notice of default and so the date is obvious like in the other thread? 

 

Need to put all this into a witness statement. Can you see any other obvious failings?

[nomoremoney]

How do I find out if they have paid the court fees? Tia

[dx100uk]

ring the court and ask??

[nomoremoney]

They have paid the court fee.

 

As it didn't look like we where going to have any luck in court, I've verbally agreed a Tomlin order.  The default will disappear from her credit report in less than a year, yet a CCJ would be starting a new 6 year mark, so this seemed like a more sensible option if we were going to be ordered to pay it anyway.

 

Thanks

Edited June 8, 2019 by nomoremoney

[AndyOrch]

Your choice and you must do what you feel is best for you......although its a pity we didn't get another Judges view on an undated Default Notice.

 

Thread title updated.

 

Regards

 

Andy

 

 

[nomoremoney]

It didn't seem worth the risk.  The previous page referred to the 'enclosed default notice' so it may have gone the same way as the other case referred to above.  We are much better off financially now so if I'm going to pay it anyway, it would be better without the CCJ.  This site and its members have successfully helped me with several others though so I'm still very grateful for that.