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pumbles

OH's Lowell PAP LOC re Vanquis debt - she's very very ill - can i deal for her??

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Hi, I am writing on behalf of my wife and I would like to explain the situation before getting too embroiled in a situation in which I could perhaps do nothing.

 

My wife has had a number of strokes, a brain hemorrhage, has angina plus some less serious conditions.The strokes have left her partially sighted, poor mobility, problems with her speech when tired, and an increasingly poor memory.She may have the early signs of dementia but that is not confirmed.She no longer likes to mix, or talk, with strangers.She has been unable to run the house and finances for some years now.

 

She has had letters from Lowells offering discounts and letters from Lowell solicitors giving thirty days before going to court.I have no power of attorney at the moment.

 

Am I able to do anything to help her?

 

 

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yes and you must

 

when did you get the lowells PAP letter?

 

dx

 


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She received the PAP on the 8th July, I have also found some letters offering a considerable discount on the same account.

 

I have just checked her Noddle account and the default date is 31/03/2014

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Last time she paid them?


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Also in parallel to all the other advice that you receive here,

 

Send a letter to Lowell, explaining your wife's condition, that as a result she is mentally unfit to face court, and that as outlined in section 2 j & K of the CSA code of practice, they should cease to take any action against her, and that you are happy to supply medical notes, treatments and evidence if necessary as outlined in section K.

 

From Lowell's own Website

 

We are regulated by the Financial Conduct Authority in respect of consumer credit ... and comply with the Credit Services Association (CSA) Code of Practice.

 

CSA code of practice for your reference

 

https://cdn.ymaws.com/csa-uk.site-ym.com/resource/resmgr/docs/code_of_practice/code_of_practice.pdf

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card or doorstep loan too please

 

sit on your hands 

don't do anything unless advised here

esp never ans phone to them

a DCA is NOT A BAILIFF

and have no more legal powers than you or I on ANY debt.

 

dx

 


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Posted (edited)
18 hours ago, dx100uk said:

Last time she paid them?

There has definitely been nothing paid since the default notice was issued, and because of her state of health I doubt nothing before.

 

I will follow your advice and make no contact with Lowells

Edited by pumbles

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17 hours ago, London1971 said:

Also in parallel to all the other advice that you receive here,

 

Send a letter to Lowell, explaining your wife's condition, that as a result she is mentally unfit to face court, and that as outlined in section 2 j & K of the CSA code of practice, they should cease to take any action against her, and that you are happy to supply medical notes, treatments and evidence if necessary as outlined in section K.

 

From Lowell's own Website

 

We are regulated by the Financial Conduct Authority in respect of consumer credit ... and comply with the Credit Services Association (CSA) Code of Practice.

 

CSA code of practice for your reference

 

https://cdn.ymaws.com/csa-uk.site-ym.com/resource/resmgr/docs/code_of_practice/code_of_practice.pdf

 

Hi,

 

Have you done this yet?

 

They should not be taking her to court,  End of. 

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too true

 

is there anyway you can ring vanquis and ask last payment date?

 


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I will ring Vanquis later, it's my wifes tea-time now

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ok good

but you must reply to the PAP letter

more once you get that info

 

dx

 


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I rang Vanquis and was told the account was so old they no longer had any payment information and was advised to contact Lowells.

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by so old were they indicating as this was outside of 6yrs data retention limit that they held no info?

 


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They didn't say that, just that the inormation had been passed to Lowells and to SAR them.

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right now tomoorow go ring them again.

 

state the under the data protection act

and

the prevention of fraud act

 

they MUST hold data for 6yrs.

ask to speak to a supervisor if you need too

 

you need them to confirm that they do not hold the data BECAUSE its outside of 6yrs

 

they must either confirm the above

else give you the date of the last payment

 

if they dont do either

state you will be immediately phoning the ICO about their refusal and will be opening a serious complaint against them and seek financial compensation.

 

vanquis [provident] have been fined and reprimanded atleast twice now by the regulators concerning the way they treat customers.

 

 

 


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

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OK, i will do that, and thank you for guiding me through this problem

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hey no sweat.

 


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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

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Posted (edited)

I phoned Vanquis, and eventually they were able to give me the information back to May 2013, and that was there had been no payments made. The only reason I  can think of is that is when my wife had a bad stroke. I haven't told her too much as I don't want to upset and stress her.

 

I don't know if it is relevant, but when I rang an automated voice asked for my wife's reference number. When I had given them, the voice asked for the total money owing. When I was speaking to a manager I asked how it was they were asking for money at the same time as Lowells. I got the excuse of an automated system, but surely if the account has been bought by Lowell,  Vanquis shouldn't be asking for payments.

Edited by pumbles

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brill news well done!!

 

FRaud/DPA act strikes again.

 

sent Lowell sols a copy of our SB letter in the debt collection section of our library.

dx

 


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

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The SB letter is prepared for posting tomorrow. 

 

This has taken a great weight off my mind, and I am extremely grateful.

 

 

 

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:rockon:

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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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I apologise for pestering you again, but my wife received this letter this morning from Lowells Solicitors. 

 

they are saying that the 6 years starts from the default date, not the last contact/payment date.

I have tried to research this and opinions seem divided following an appeal court ruling in Jan 2019.

 

If it transpires that the 6 years does begin from the date of default

does the statute barred letter acknowledge the debt and start the clock again.

 

Should I SAR Vanquis?

 

If Lowells are trying it on should I report them or should I tell them my wife is a vulnerable person. 

lowell statute barred-edited.pdf

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Posted (edited)

Dear Sir,

no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)

 

Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar.

This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.

Edited by BazzaS

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https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf

 

Albeit from 2014, p.24

There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)

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