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    • You haven't told us anything about the vehicle in terms of the make model mileage – price paid et cetera. Also where was it advertised and what the advertisement say? On the basis of what you have told us, you should have no problem asserting rights whether or not you are dealing with a trader or a private seller. However it would be helpful if it was a trader – and you say that it is and that you have evidence. The problem is, whether they trade. Do they have any seizable assets? You obviously dealing with somebody who is going to be very slippery even if you get a court judgement against them. Do you know where they live? Do they and their own property? And I suppose it won't be much of a comfort to you but it may be instructive to others when I say that you have managed to acquire all this evidence – but what a shame you didn't go about this before you parted with your money rather than afterwards.
    • Brillliant reply from Caroline Voaden MEP on Twitter.   Who will hold these people to account asks @june_mummery ? She has also asked if she can come back to attend fisheries com mtgs. Thing is June you wanted to leave. You wanted us to have no voice here, to go it alone. You all crow about your ‘win’. This is what it means. Well done
    • Thank you. What you have suggested about a motor trader had occurred and yes she has been naive about this. They were sufficiently satisfied to purchase the car and they did know about the problem. She had been driving it up until the morning of the sale with no problems and she had told them about the oil leak - it's otherwise in very good condition, has a long MOT and has been serviced regularly. There's also the issue of insurance should she accept return (she transferred insurance to her new car )
    • June Mummery, a Brexit Party MEP, has just woken up to the fact that leaving Europe gives us less control over fisheries. From her Twitter feed.   Attending the penultimate session of the #EuropeanParliament’s #FisheriesCommittee #PECHcommittee) with #BritishMEPs. The big question now is, who will be here to hold these people to account while they still control Britain’s waters, but the UK has no representation?
    • I'm afraid my response is going to be a bit more doom and gloom than my site team colleague. I'm afraid the principle of "buyer beware" is a pretty old principle and it doesn't always protect the private seller. However, I think you will have to wait and see what they come back to you about in writing. My understanding so far – as you don't even seem to know their address or who they are – is that everything has been done on the telephone. If they decide to come back at you in writing with a list of defects and am afraid we will have to look at it carefully because although you won't be particularly affected by consumer protection legislation, there are still basic rules of contract which could protect the purchaser. I'm sorry also to give a bit of a slapped wrist here, because the selling of vehicle in the circumstances without even ascertaining the identity of the purchaser and without keeping the necessary documents to inform the DVLA of the new ownership is highly irresponsible. I suppose this is going to put the frighteners on you – but you had better be aware of the possibilities. The first thing that occurs to me is that this vehicle may have been bought by a trader who was anxious not to add any more owners to the vehicle because that would reduce the value even more. Therefore you might have some fairly unscrupulous trader selling your vehicle on to another private purchaser who themselves may not properly register the vehicle so that if it attracts any parking fines or any other attention from agencies, could come back to you as you are the registered owner. You would be able to deal with this problem eventually but it would certainly be complicated. Also an extreme scenario is that the vehicle could eventually be used for unlawful purposes – and once again the registration leads back to you. I think that your daughter had better read the thread and had better take the lesson. As I have said, the use of the vehicle for some unlawful purpose is probably an extreme idea and is unlikely to happen. However, the idea that the vehicle has been bought by trader who wants to conceal the fact that it has had an additional purchaser – him/herself – is a highly possible scenario. You haven't told us anything about the vehicle – what is it, model, make, mileage, condition, price, – and also how was advertised, where was advertise, and what claims did you make for it. I do hope you don't hear anything more about this problem that you better give us all the information and if there is any fallout as a result of what your daughter is done then of course come back here and will it be very pleased to try and help you. In the meantime I would suggest that you contact DVLA and tell them that you have now parted company with the vehicle and that it is no longer yours. Even though you won't be able to give them the address of the new owner, you will be able to give them the name and you had better put it on record. I'm not sure if it's an offence not to have the details of the new owner and to pass them on to DVLA – but I would suggest anyway, that you tell DVLA. Before you start doing this though, standby for maybe one or two other people to contribute to this thread and to disagree with me. I think you need to have a range of opinions on this.   One further thing – you may be tempted simply to take the vehicle back – but unfortunately you won't be able to be certain that it is in exactly the same condition as it was when you sold it. This could give you another problem that may be if you decide to cut your losses and tell the purchaser to return the vehicle, you may not be completely happy when you receive it – and they will simply be a dispute as to what has happened to it during its absence
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vickiejane

Backdoor Lowell CCJ OH's Vanquis card - lowell want pers medical + my income

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Hello,

 

I was hoping somebody may be able to offer advice.

 

My partner received a letter out of the blue from Lowell Solicitors stating that they were applying for a warrant of control for non payment of CCJ from 2017 (news to us) my partner went online and checked his credit file and sure enough there is a CCJ there from 2017.

 

My partner then contacted Lowell to explain that he is currently being treated for depression and has not worked since 2014 and he receives carer allowance for caring for our daughter whom has additional needs.

 

Lowell said they would send a letter as the payment plan should be £50 per month. We received the letter and they are requesting income and expenditure including mine!

 

The debt has nothing to do with me, do we have to supply that information?

They also asked for a letter from his GP to confirm illness.

Our GP charges for such letters and it’s rather embarrassing having to request one.

Would a copy of his prescription suffice?

 

Also can anyone clarify, do we need to disclose our daughters disability allowance as income? After all this is her money that is used for activities, travel and crafts ect.

 

I don’t know if it makes a difference but the initial debt was with Vanquis (credit card) which Lowell purchased.

 

I would be great full of advice on the best way to deal with this and any draft letters anyone may be able to help with.

 

Thank you in advance :-)

 

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Someone with better experience will be along soon. However in the meantime, get hold of the County Court and ask them to email you all the records they have – claim, judgement et cetera.

Tell us as much as you can now about the debt.
Send an SAR to Vanquis
Please fill this out <<<<<<<<


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3 minutes ago, fkofilee said:

No you do not have to include your I+E if it is your partners debt. 

 

Hi, 

Thank you for your response, would not supplying this information then hinder his chances at a suitable payment arrangement? When completing the I&E surely Lowell would comment on the fact that the household outgoings are more than his careers allowance? 

How would be best to proceed with the I &E in this case? 

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49 minutes ago, BankFodder said:

Someone with better experience will be along soon. However in the meantime, get hold of the County Court and ask them to email you all the records they have – claim, judgement et cetera.

Tell us as much as you can now about the debt.
Send an SAR to Vanquis
Please fill this out <<<<<<<<

Thank you for your reply, I will work on what you have suggested. As the debt has already been bought by Lowell and a CCJ issued back in 2017 what would I be looking for in regard to the SAR to Vanquis? Sorry if I sound dim it’s all new to me :-)

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If he is going to have to pay then best to get in first and submit Form N245 to the Court where his disposable income - if any - and could end up offering £5 per month to them. They well may object but the Court will have the final say whether they like it or not and as long as payments are made on time - they can of course apply every 6 months or so to increase it but if things haven't changed then tough on them. The Form can be dowloaded and would probably assume he would qualify to have the application fee waived - see Form EX160 for this. The Court Form has a simple I&E that must be filled out.

 

Forgot to mention if they have applied for a Warrant then the N245 is a dual purpose form that allows you to apply to suspend the Warrant.

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5 minutes ago, vickiejane said:

Thank you for your reply, I will work on what you have suggested. As the debt has already been bought by Lowell and a CCJ issued back in 2017 what would I be looking for in regard to the SAR to Vanquis? Sorry if I sound dim it’s all new to me :-)

just get all the information you can. You have no idea what might be revealed in terms of the enforceability of the debt, PPI payments, et cetera. An SAR is free of charge. Just do it

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15 minutes ago, ploddertom said:

If he is going to have to pay then best to get in first and submit Form N245 to the Court where his disposable income - if any - and could end up offering £5 per month to them. They well may object but the Court will have the final say whether they like it or not and as long as payments are made on time - they can of course apply every 6 months or so to increase it but if things haven't changed then tough on them. The Form can be dowloaded and would probably assume he would qualify to have the application fee waived - see Form EX160 for this. The Court Form has a simple I&E that must be filled out.

 

Forgot to mention if they have applied for a Warrant then the N245 is a dual purpose form that allows you to apply to suspend the Warrant.

Thanks very much he shall complete this form ASAP. The letter from Lowell said they were going to apply for a warrant but I believe that was suspending pending him completing the forms they sent him. Shall he just tick suspend warrant box any way just in case?

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before you submit then please do as Bankfodder says as you never know it could be Statute Barred and where did all the documentation go to - an old address perhaps?


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re titled for clarity and moved to the legal forum

 

as advised give northants bulk a ring on Monday and ask for a copy of the claimform and the judgement by email pdf.

 

as for doing anything else, I suspect your OH has moved since taking this debt out and did not inform his creditors, so everything went to an old address?

funny how the now find the correct one isn't it?

 

do you know when he took this card out?


..

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Great advice above,

 

Do send a GP/ consultants note.  I always find a list of medications and side effects work too, if the doctor can put them in the letter.  Together with your husbands i&E Lowell won't ask for 50 per month, that's just their standard amount.

 

The Taking control of goods letter and the 50ppm is just their standard letter.

 

Source : I have a CCJ from Lowells Solicitors


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