Lowells PAPLOC now claimform - old Vanquis card debt ***Claim Dismissed***

[king100]

They also havent sent me terms and conditions even though ive asked 3 times for them

[AndyOrch]

Forget the T&Cs...the DN error is your main armory in defending the claim.

[king100]

How does that sound?

 

14. The default notice is invalid pursuant to sec 87/88 of the CCA 1974 & The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

The default notice has to be accurate in terms of the arrears owed. In this case the £200 asked, is an overstated amount, from the £144.88 that would be needed to bring the account within the credit limit. This effectively ended the agreement as the £200 was not paid and the agreement was terminated on a wrong amount. See Woodchester Lease Management Services Ltd v Swain and Co. It could also be considered as unlawful rescission of contract which would prevent the Court enforcing any alleged debt. That is because the agreement was terminated on an incorrect arrears amount requested.

 

[AndyOrch]

I have edited the above. May be better to slot it in higher up the statement as its a prominent factor. Replace your point 9 with the above and your good to go.

 

 

.

[king100]

On another note. I emailed the claimant with my new address as moved since claim started. Also emailed the courts.

 

What happens if they post to my old address? And that i have proof of the email being sent and received.

 

I have access to old address and can easily check but they dont know that.

[dx100uk]

what the claimant sends to where is not important.

its the court that is and you have already had a court doc to your new address ?

 

[king100]

Nope no new courts docs to new address. Last letter was the date of court case to old address.

Edited November 29, 2021 by king100

[dx100uk]

ring direct update direct.

[king100]

Do I need to post up their claim, i had to drive to old address to collect it even though i had emailed them ages ago with my new address. Trying it on. Emailed them 3rd Nov with new address. Their paperwork sent 22 Nov to old address.

 

Ive also got someone elses default letter in the paperwork and still no terms and conditions.

 

Claiming that ticking the elexctronic application is as good as.

 

I also GDPRd them.

 

In multiple quers it states

 

New Query created ##/##/####

Agreement with terms and conditions. Reason proof of debt.

 

Query sent to client ##/##/####

 

Response received from originating client ##/##/####

 

Query response - unfortunately we are unable to provide the application details for this account.

 

The fact that they are relying on the application form in their claim. The application form from previous post.

[dx100uk]

On 16/11/2021 at 15:13, dx100uk said:

you sent a CCa request , you sent a CPR 31.14,

sent to lowells and their sols?

your current and correct address was on those?

 

you must ensure the COURT has your correct address too!

[king100]

Ive emailed court with new address as per their email reply when you contact them.

 

Will call tomorrow to check that they have correct address.

 

When I sent those my correct address was on there but moved since.

 

Any thoughts on the GDPR and the lack of application details on file admitted by vanquis.

Edited December 6, 2021 by king100

[dx100uk]

GDPR i assume you mean SAR.

 

post it all up to one mass pdf please.

 

inc the stuff to your old address.

 

 

[king100]

Did it under GDPR basically anything with my name. Its too large, about 2 inches thick. Mainly copies of letters sent. The above that i wrote about is below.

 

 

rsz_120211206_220519-converted.pdf

Edited December 6, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

1 page? in pdf

[king100]

The whole file is 2 inches thick.

 

On phone, will try and do some more tomorrow. Any particular priorities needed.

Edited December 6, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote.

 

i meant the lowells stuff?

 

as for the Vanquis SAr Return.

we dont need any statements 

 

but you might need to put up say what if anything they say in their comms/account log. you might nave missed something that is relevant to your WS. but you are too late now you've filed it.

 

 

 

[king100]

The only real note is the above, unable to locate application details for this account.

[dx100uk]

you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?

 

what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.

[king100]

With the information to hand ie the default notice. What is the correct default date?

 

Credit score says 31st May 2016 uet they gave me 2 weeks before default in Dec 2015?

[dx100uk]

The dn

[king100]

Evening

 

So tomorrow at 10 I have a video call.

 

Is there any case law for them not complying with sending me the terms and conditions.

 

Should i mention to the judge that the claiment has sent paperwork to wrong address, even though on my letter I stated new address, and also on an email, at least 3 weeks before they sent it.

 

My defence is default notice is invalid. Case law as mentioned above and no terms and conditions sent as per sec78(1) CCA. Possibly PRA Group v Holmes.

 

Im trying to cover all bases incase they say default notice in compliant.

[AndyOrch]

There is no case law or legislation that states the T&Cs must be disclosed with a section 78 request.

Yes you must bring it to the judges attention re address mix up.

Sections 87/88 of the CCA 1974 and The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 deal with the requirements of a valid and accurate Default Notice.

 

Best of luck

 

Andy.

 

.

[king100]

Couldent produce a CCA.

 

Claim DISMISSED.

 

Will donate

[dx100uk]

Yea!!

 

and yet another lowell speculative claim bites the dust..  CAG is getting very good against lowell, in recent times rarely lose.

 

dx

[AndyOrch]

1 hour ago, king100 said:

Couldent produce a CCA.

 

Claim DISMISSED.

 

Will donate