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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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lowell Claimform - Old Vanquis Credit Card ***Claim Dismissed***


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Name of the Claimant ? 

Lowell Portfolio I Ltd

Date of issue – 15 Jan 2020

Particulars of Claim

1)The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis

2) the defendant failed to maintain payments and arrears began to accrue

3) the agreement was later assigned to the claimant on 24/06/2015 and notice given to the defendent

4) despite repeated requests for payment, the sum of £1,211.07 remains due and outstanding

and the claimant claims

a) the said sum of £1,211.07

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 £0.265, but limited to one year, being £96.89

c) costs 

 

What is the total value of the claim? £1457.96

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes

 

Did you inform the claimant of your change of address? yes


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 April 2007 ? after

 

Do you recall how you entered into the agreement...On line

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes

 

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? yes

 

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

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? not sure

 

Why did you cease payments? debt and more important bills

 

What was the date of your last payment? 2/6/2014

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

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  • dx100uk changed the title to lowell Claimform - Old Vanquis Credit Card
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Andyorch & Dx   CLAIM DISMISSED!!!!!!!!! I held it together!!! So much to take in & so many questions asked i cannot remember them all. Judge was very fair indee

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Thank you.....CPR /CCA requests next Katy.

 

Andy

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My husband paid a backdoor CCJ sent to a previous address which we could not defend as it was too late before we found out about it from Lowell 😡

I had filled out income & expenditure for that debt and they knew/know I have very little disposable income & they also had my married name and new address.

First of all Lowell had joined Aqua and this debt together in March 2019 until July 2019.

 

They have also sent them out individually offering numerous discounts

On 15/8/19 received "Letter of Claim"

On 27/8/19 SAR...…...VANQUIS BANK... I received documents

On 27/8/19 CCA …….LOWELL

On 6/9/19 I received a letter from Lowell account on hold whilst client responds A

On 7/9/19 I received a letter from Lowell "suspended activity" B

On 12/9/19 I sent PAP ticking D and I using forms from here

On 29/10/19 letter dated 24/10/19 bundle C and credit card statements

 

 

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hidden

name on 2 letters

 

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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I have deleted names thank you dx 

So I was issued with Court Claim on 15th January and I have been online MCOL and entered to defend all.

You can see from above what I have sent and received back.

With the documents I have shown you do you think I have any defence?

It looks to me as though they have provided everything asked for.

Also...Can I reclaim any charges? 

   

 

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Where is the credit agreement and terms and conditions ?

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

 

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Ive searched and what I have uploaded is all i have received from them in response to CCA and their response to PAP.

 

Only other paperwork I have is credit card statement from Lowell and same from Vanquis in response to SAR

 

Shall I CPR them straight away now?

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Have you not already served a CPR 31.14 ?   You dont request the agreement by way of a CPR 31.14 you use a CCA (section 78) request which you have already done and they have not complied.Therefore they remain in default of your request and unable to enforce the agreement.

 

Screen shots of the application/sign up are not compliant with a Section 78 request.

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

 

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A little confused but easily done!! 

I haven't sent them a CPR 31.14 as yet.

Literally ive just SAR Vanquis, CCA Lowell & filled out PAP.  

 

Received documentation from both but not credit agreement and T&C's as you've confirmed from Lowell.

 

Do i still need to send the CPR31.14?

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I would ...as you will be including the request within your defence.

We could do with some help from you.

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On 23/01/2020 at 15:02, Andyorch said:

I would ...as you will be including the request within your defence.

CPR31.14 All done with proof of posting.

I have worked out defence due 21/2/20  

Now working on defence 

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Friday 14th by 4.00pm defence due according to my calculations ?

 

15th Jan +33 days (less Sat/Sun)

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

 

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oh well non compliant then as per most returns for Lowell and vanquis card claimforms.

 

plenty of like threads to base your defence upon

 

have a go

post it up here

but don't leave it till the last minute.

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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  •  
 

Hi Guys.

Below is my attempt at a defence.

3 & 4 not sure I should say noted or just leave out completely.

6 ive removed b,c and d

As I can see it they have only failed to send me a credit agreement and t & c's 

Hope I haven't removed too much!!!!!

 

Date of issue – 15 Jan 2020

Particulars of Claim

1)The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis

2) the defendant failed to maintain payments and arrears began to accrue

3) the agreement was later assigned to the claimant on 24/06/2015 and notice given to the defendent

4) despite repeated requests for payment, the sum of £1,211.07 remains due and outstanding

and the claimant claims

a) the said sum of £1,211.07

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 £0.265, but limited to one year, being £96.89

c) costs 

 

#DEFENCE#

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis but do not recognise this specific account or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is noted. I have been served with a Default Notice pursuant to the consumer credit Act 1974.   

 

4. Paragraph 3 is noted. I am aware of the legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. The claimant has complied and has disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 a) show how the Defendant has entered into an agreement


7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

 

 

 

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why are you removing the rest of 6? a.b.c.

there is not default notice in your upload other than a cover sheet that's sent with one

and no statement of account there either...

 

 

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

dx

There is a default notice on the back of the cover sheet and I have my statement about 6 pages which I did not upload.

The only things I haven't received from Lowell are the proper credit agreement(not digital) & any t &c's.

Regards

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then post them up please

we know vanquis DN's can be dodgy at the best of times.

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

no date on that DN and the covering letter in the 1st upload does cover it for sec 87 CCa regs IMHO.

think we've seen this before with lowells and vanquis DN's.

they lost or discontinued the claim a dew days before the hearing date.

 

use our custom google search after hitting our top square logo.

 

Lowell claimform vanquis.

 

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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Hi dx.

So you think I should continue with my defence.

Any tweaks?

Regards,

K

P.s dx having looked at the statements is there any chance of a reclaim of interest or charges or is that going a bit too far ???

Edited by katyviolet09
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yes it needs tweaking 

i'm sure andyorch will pop in before its due Friday 4pm.

 

if you go read all the threads I pointed too you'll see theres a very good chance you'll bat this away so don't give in.

 

as for the penalty charges and the interest these caused, yes you could get those back, but that would be a separate issue to be dealt with to vanquis themselves not related to and for after your court claim. However if push comes to shove, we have seen them removed from a claimed balance if the worst happens and you have to go for a tomlin order to avoid a CCJ.

 

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

You cant state at 2.  do not recognise this specific account or recollect any outstanding debt " and then state in 3/4 that you have been served a DN and NOA...otherwise you would be fully aware of the account and any alleged outstanding debt.?

 

 

Andy

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 thread please PM me a link to your thread

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Andy,

Yes that makes sense.

Are we agreed they haven't sent me the proper agreement and t&cs only.

Apart from that they've been compliant to all requests.

Do I need to mention t&cs anywhere at this stage?

 

I have edited leaving out  do not recognise this specific account or recollect any outstanding debt "

to :

2. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis and requested clarification by way of a CPR 31.14 and section 78 request.

 

Also edited :

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to show how the Defendant has entered into an agreement

 

Here is the edited version :

 

Date of issue – 15 Jan 2020

Particulars of Claim

1)The defendant entered into a consumer credit act 1974 regulated agreement with Vanquis

2) the defendant failed to maintain payments and arrears began to accrue

3) the agreement was later assigned to the claimant on 24/06/2015 and notice given to the defendent

4) despite repeated requests for payment, the sum of £1,211.07 remains due and outstanding

and the claimant claims

a) the said sum of £1,211.07

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 £0.265, but limited to one year, being £96.89

c) costs 

 

#DEFENCE#

 

1.The Defendant contends that the  particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis.

 

3. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

4. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.

 

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to show how the Defendant has entered into an agreement


6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

 

 

 

 

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  • Andyorch changed the title to lowell Claimform - Old Vanquis Credit Card ***Claim Dismissed***

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