Lowell Claimform - OH's Vanquis Card Debt ***Settled at Mediation***

[gwebstech]

thank you Andy, shall i post this on the MCOL site now?

 

cheers

[dx100uk]

its not due till the 7th but i doubt lowells will reply by then.

[AndyOrch]

Bit early...but your choice

[gwebstech]

Hi all

 

Lowells have replied, text of email below, also see attachments.

 

They say she took this card out in 2012, i cant see how as we had both gone into a DMP by then,

for at least 2 years previously so both of our credit files were shot to bits, with loads of defaults each and loads owing to creditors so think theyve made that up. I dont know but surely no one would have given her another credit card after loads of defaults?

 

Also is that a true copy of the CCA?

 

thanks

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Our Client: Lowell Portfolio I Ltd

Our Reference: xxxxxx

Court Claim Number: xxxxxx

Original Creditor: Vanquis Bank Limited

Outstanding Balance: xxxxxxx

 

My name is Parmjeet, I am the case handler in relation to the above claim issued against you on 7 October 2020.

 

I confirm receipt of your Defence and confirm that this has been reviewed in full. I can confirm that we have received documents from Vanquis which show that the Agreement was entered into by you on 23 March 2012 using your current address. The statement of account shows how the claimed balance accrued and the default notice was sent to your current address on 27 August 2015. As you did not comply with the terms of the Default Notice the account was terminated.

 

We also attach the Notices of Assignment sent on behalf of Vanquis and our client to your current address 18 October 2019 and therefore satisfies the requirements of section 136 Law of property Act 1925.

 

Our client has sent you numerous letters in an attempt to resolve this matter prior to the issue of the claim but none were responded to including our Letter of Claim. All correspondence was sent to your current address. You did not make a request for documents or information prior to this matter being issued in the Courts. Our client made active attempts to resolve this matter by sending you correspondence and offering discounts, none of which have been responded to by yourself.  This evidence will be disclosed should this matter proceed to a court hearing.

 

Further to the above, as we have satisfied your requests, we are instructed to bring the matter to an amicable settlement favourable to both parties. If a settlement is reached, upon receipt of cleared funds, I will then notify the court that the claim has been settled and our client will close their account.

 

Our client is therefore willing to accept:

•             a lump sum of £xxxxxx in full and final settlement of the claim;

 

Upon payment being received, I will notify the Court that the claim has been settled which will end legal proceedings and close your account.

 

Payment can be made:

•         On our website - https://lowellsolicitors.co.uk/ . Please confirm the reference of your account in order for the payment to be allocated correctly.

•         By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 334710068)

•         Calling us on 0113 335 3338 and making the payment over the telephone.

 

If a settlement cannot be reached, our client has instructed us to proceed to a court hearing which will incur further costs and fees.

 

This offer is open until xxx December 2020.

 

Independent legal advice is available from the Citizens Advice Bureau or a solicitor of your choice.

 

 

lowel return.pdf

[dx100uk]

and how did lowlife get your email address?

 

 

[dx100uk]

the DN is OK

the  NOA is ok

the agreement is a mere application form...and appears to be void of a few important prescribed terms like the right to cancel and refs T&C not included.

 

however, is that her signature and her correct email?

[gwebstech]

Hi

 

Yes it looks like her signature and its def her email, that must be where they got the email address from

 

thanks

[gwebstech]

So should she just ignore them for now?

 

And surely its irresponsible lending if they gave her a card whilst she was in a DMP?

Edited November 22, 2020 by gwebstech

[dx100uk]

the IRL complaint needs to be raised with/against vanquis themselves, nothing to do with this DCa claim and TBH should have been done a long time ago GW.

 

get it going use our template, but as i say will have no bearing upon the claim.

 

 

[gwebstech]

ok, but theyve given her until the 4th i think to reply. Just ignore it all for now?

[dx100uk]

who about what?

 

dx

 

[gwebstech]

Lowells have offered her a discount and theyll cancel the court claim, gave her til then to respond

[dx100uk]

and you believe a dca....you've been here far too long to fall for that old trick.

admit the debt by paying a bit and we'll write the rest offf..yea dream on..

[gwebstech]

lol no i know they just want her to pay them at least something, but what i mean is as regarding the impending court case, what happens next? i mean do they now need to decide whether to proceed to court and she just has to wait until they get back to her?

 

thanks for the help

[dx100uk]

Yours is not the next move.

 

best to get reading just about any claimform thread here or the legal successes forum off it

 

the more you read the stronger we become

[gwebstech]

thanks, will do

[gwebstech]

Hi all

 

She has received a directions questionaire today, they have ticked that they want to try mediation, do i need to upload this document? and what does she needs to respond with?

 

im assuming you have to agree to mediation as a court will want to see that but if you dispute the debt how can you go to mediation?

 

thanks

[dx100uk]

Type in n180 in our search top right

Dxi

[gwebstech]

gracias

[gwebstech]

 ok , ive had a read up on mediation and the n180 - just a couple of questions:

 

after reading andyorch say mediation is a must, so as they cant use your refusal against you,  am i allowed to talk to the mediator for her ? she isnt very good at talking to people like that,  she has a few issues. Ill not let them talk down to her or coerce her

 

Also would it be wise on the mediation call to state that they havent sent an accurate copy of the CCA so basically letting them know that we know they cant go to court?

 

thanks

Edited November 26, 2020 by gwebstech

[dx100uk]

until the actual telephone mediation session you should continue to agree to mediation..

.when the day comes, you will be asked the same q's on the n180,

it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail."

[AndyOrch]

Quote

She has received a directions questionaire today, they have ticked that they want to try mediation, do i need to upload this document? and what does she needs to respond with?

 

Have you received yours from the court to submit ?

[gwebstech]

On 27/11/2020 at 00:13, Andyorch said:

 

Have you received yours from the court to submit ?

no, not yet

On 26/11/2020 at 21:49, dx100uk said:

until the actual telephone mediation session you should continue to agree to mediation..

.when the day comes, you will be asked the same q's on the n180,

it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail."

thanks for that

[gwebstech]

On 27/11/2020 at 00:13, Andyorch said:

 

Have you received yours from the court to submit ?

 

yes, she has it now

 

it all seems pretty self explanatory from other posts ive read but ill ask here if not sure

[AndyOrch]