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

[London1971]

Next move is theirs

[tracyab1972]

Good morning,

 

I now have the requested documents from Lowell which I have uploaded.  If someone could go over these for me and advice me further I would be grateful.  

Digital signature.pdf CCA.pdf

[tracyab1972]

I've just realised they have included a statement also and have a lot of the following on it:

 

Example:

£23.20 BILLED DEFERRED FINANCE CHARGES 09-02-2015

£77.42 BILLED FINANCE CHARGES 09-02-2015

£12.00 LATE PAYMENT CHARGE 

 

Finance charges are different amounts.  Is this meant to be interest charged?  I can't understand the two different amounts on the same dates.  I have a lot of these on the statement (all different amounts)

[tracyab1972]

Hi 

Is anyone able to advice on the attachments please?  Before I start getting hounded by Lowell again.  Many thanks 

[London1971]

@Andyorch or @dx100uk are best to look at these.

 

However, please ignore Lowell, do not answer their calls etc.

[tracyab1972]

Thank you. I will await Andyorch & dx100uk advice and will ignore Lowell. Thank you for replying London1971

[dx100uk]

1 hour ago, tracyab1972 said:

Before I start getting hounded by Lowell again

 

they'll do that anyway

 

just never ignore a letter of claim if/when one comes.

 

who did you send the cca regarding the vanquis card too?

 

dx

 

 

[tracyab1972]

Hi

 

the attachment is a CCA request from Lowell but I also requested a SAR from vanquis which I received a week ago 

[dx100uk]

the return usually comes from Lowells when vanquis answer their request for it, i was just puzzled if you'd sent the CCA to vanquis.

 

the digital sig return is what we have seen before here , but doesn't actually detail an IP address of what PC was used to sign up.

 

the T&C's are blank of your details? so could have come from lowells filing cabinet or indeed any of the lowell vanquis claimform threads on this forum already, of which lowells usually drop the claim.

 

 

 

 

[tracyab1972]

Will it help if I upload what I received from Vanquis? 
 

sorry for sounding thick...T&C’s blank of my details? 

[dx100uk]

if the CCA is in your vanquis SAR , the CCA return as a result of your request to lowells should match it.

 

what you have put up we've seen many times before here in court claimform threads involving DCA's taking people to court on an old vanquis debt.

 

in the maim we win.

 

the T&C's must have detailed on it you correct names and address for the time of takeout to be relevant, - yours as many already doesn't, so could have come from anywhere and are not thus proved be the ones sent to you.

 

[tracyab1972]

Thanks, so what are my next steps? I will check the Vanquis SAR tonight 

[dx100uk]

43 minutes ago, dx100uk said:

just never ignore a letter of claim if/when one comes.

dx

 

 

 

as for the charges you mention, finance charge is interest, but any fixed sum fess (£12) are unlawful, as is interest they caused.

 

add them up.

 

whats the total debt too on the vanquis card??

[tracyab1972]

The default amount was £3406 and the amount now owned is £2456

 

£12 x 5 over limit charge

£12 x 4 late payment charge 

Edited September 2, 2020 by tracyab1972

[dx100uk]

so not really worth much

but pop EACH OF THEM  into the CISHEET.

 

enter cap1's int rate in D15

set claimto date to the date lowell purchased the debt

 

 

 

[comebackjimmy]

2 hours ago, dx100uk said:

 

as for the charges you mention, finance charge is interest, but any fixed sum fess (£12) are unlawful, as is interest they caused.

 

add them up.

 

whats the total debt too on the vanquis card??

DX can you just clarify what you said about the £12 fixed sums?   I have five credit cards and i have received a few £12 fixed sums in the last year or two.  Are you saying they are unlawful?  If so what is the best way to ask for the sums to be returned?

[dx100uk]

you've been here as long as me and only just realised this...

[comebackjimmy]

16 minutes ago, dx100uk said:

you've been here as long as me and only just realised this...

yep....I remember the days of big penalty sums etc on cards and a judgement was made by someone or another that said any figure over £12 would be considered a penalty but £12 or less would be considered reasonable.  That is the reason every provider I know about will slam £12 in where they can but no greater amount.

 

In short I thought it was legal.

[dx100uk]

that is not what the then FCA said...

they simply said that under £12 they would not pursue the creditor, not that they were lawful at all.

 

any penalty charge is unlawful.

[comebackjimmy]

OK great.

 

So I have a claim against my current card providers.  If I decide to go for it I will start my own thread.

[tracyab1972]

dx100uk I checked the SAR from Vanquis last night and as you say, the CCA is the exact same as the one from Lowell.  

 

I can't seem to find the interest rate charged.  Does anyone know the average cap1 rate please?

[London1971]

Even if the agreements are the same don’t pay then anything. The next move is theirs. It’s eminently possible that nothing will happen.

 

Usual caveats apply regarding them having your current address.

[tracyab1972]

Thanks London.  So just sit tight and ignore?  

[London1971]

That’s what I have done in the past. They know your address.  Again this is just my experience, Lowell do like to litigate but by the back door. 
 

The easy to win stuff !

 

just make sure you open all your mail and do not ignore a letter before action. 

[tracyab1972]

London, thanks very much.  I will do just that and get back on here for more advice if needed.  Thanks again and to dx100