Lowell and Vanquis + Express Gifts debts and DD issues - final response

[tracyab1972]

Hi,

I have an account for Lowell for which a DD has been set up for £50 per month. 

 

In February last year I requested to pay off another account for £10 a month by DD. 

When logging onto my account a few months later I noticed it stated that my £50 account was in arrears. 

 

I telephoned to query this and was told it was because they were setting up the new account and did not attempt to take the £50 that month. 

I argued that I was never informed of this and that this should not put me in arrears. 

These were two separate accounts, with two separate amounts being taken from my bank and on different dates of the month. 

They were not and did not alter the original DD for £50. 

 

I never received a reply to my complaint and had to chase it several times. 

Only today, one year later they have emailed me their response which is dated August 2019 which means I can't report it to FOS as I am out of the 6 month deadline. 

 

They have confirmed that they have recorded with the CRA that I had missed a payment also. 

I have attached the response they sent me and would appreciate any advice on how to move this forward?  

 

I have emailed them today stating that I believe they have misunderstood the situation and asked them to rectify my account as well as the CRA report.Lowell.pdf

[ericsbrother]

You can still complain to the FOS as they have fialed to respiond in the required time and this email is proof that they have been unreasonable. The email will of course have its timestamp so you can show it hasnt been sitting in your in box for all that time

 

Stop asking ans start telling. Look at your credit files and place a notice of correction on the relevant entry. That will show anyone ele that the supposed misse payemnt is a hot potato

 

Now what are these supposed debts as you may well be paying money you dont owe to them

Edited July 9, 2020 by ericsbrother

[AndyOrch]

The letter confirms that there was no missed payment or arrears.......and I cant seem to find any reference to them recording it on your CRAs ?

 

Andy

[dx100uk]

Topic title amended

 

why are you blindly paying a DCA on any debt?

 

i hope you sent them a CCA request ?

 

retitled and moved to the provident forum

[tracyab1972]

Thanks for your replies - sorry I don't know how to reply to individuals.

 

I have just had it confirmed on the phone to me today that they reported missed payment to the CRA and the response was supposedly sent via mail which I never received hence them sending me the copy via email today.  That is the reason I thought I couldn't complain to FOS.  I do owe the money that is on the account and stupidly agreed to pay which I can't get out of now.

[dx100uk]

Who says you owe the money?

throw the morality card out the window!

 

why are you blindly paying any dca on any debt !!!

why do think an original creditor sells any debt for <10p = £1??? and not take you to court and crush you?..because there is something wrong with it..

 

and please stop talking to powerless dca's on the phone!!

 

They are NOT BAILIFF s and have ZERO legal powers on any debt.

 

stop being a dca cash cow!

 

Dx

[tracyab1972]

DX100UK thank you and I wish I came on here before setting this DD up. 

 

I might be wrong but I think I will now need to honour the payments as I have stupidly not ignored their letters and now I have admitted and taken responsibility of the debt. 

 

Is this correct? 

 

If I stop the DD can they now take legal action?

[dx100uk]

no it's not correct.

 

are you indicating that before the dca conned you...there was many years since you last paid?

 

dx

[tracyab1972]

DX100UK - Yes that's correct 

[dx100uk]

more than 6yrs since you last paid the original creditors before the dca conned you into paying?

 

dx

 

[tracyab1972]

No within 6 years. It defaulted in 2016

[dx100uk]

ok..

send any dca you are blindly paying on any debt a cca request...

 

dx

[comebackjimmy]

Hello

 

I agree with dx100uk.

 

Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:

 

1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response.

2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick).

3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.

 

After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.

 

The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.

 

Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.

 

They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.

 

It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.

 

[dx100uk]

12+2 working days.

 

a dca can't hurt you credit file any more anyway.

 

only the original creditor can issue and register a default, on or before the sale of the debt.

 

what the dca put in the calendar section is immaterial as only you and them can see it

it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.

 

dx

 

[tracyab1972]

This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 

[London1971]

Hold on a minute? is that Lowell Solicitors you are paying at £50 per month , does the account have a CCJ on it already?

[tracyab1972]

 

London1971 they are Lowell Portfolio 

[London1971]

Because £50 is what they typically ask you to pay if it has become a CCJ? Is there on on your credit file from Lowell?

 

 

[tracyab1972]

I suggested the £50 every month and yes it’s on my credit file showing the following:

 

Lowell

 

defaulted 1 feb 2016 and the amount outstanding 

 

 

[dx100uk]

history of the account please

when taken out

when was it sold by vanquis

any £12 penalty fees or ROC (PPI) in the sold amount

have you all the statements??

 

also what is this other debt you are paying lowells too already?

dx

 

[tracyab1972]

I don’t have any statements unfortunately.

 

I’ve just checked Totally Money and it’s says the account was opened 6/8/2013 and defaulted 2016.

That’s all the info I have.

 

After advice on here today I will do a CCA tomorrow.

I don’t recall PPI on the account.

The other Lowell account was for just over £100 and has been settled now 

[dx100uk]

well thats why they got you on this vanquis debt

they mugged you on the otherone and saw you were an easy touch and a cash cow.

 

send vanquis an sar 

get all the statements.

 

to be honest it quite shocks me you've here since 2007 and are talking on phone to a dca?

 

dx

 

[tracyab1972]

dx100uk - thank you for your advice.  I will send a SAR to Vanquis and really appreciate all the help on here.

 

I may have read your last sentence in the way that it was not intended but it has came across very judgmental and not helpful.  I have came on this site for some help, not to be judged.  If that was not your intention then I apologise as I realise text can be read in the way it was not intended.  

[London1971]

We just don't want you to keep getting conned by blood sucking DCA's.

[London1971]

You sent a CCA right?. If there is nothing back in 14 days cancel your direct debit, stop paying them.