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    • Topic moved to Financial Legal Issues Forum.   When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.       Andy
    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Lowell Claimform - OH's Vanquis Card Debt


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moved   please complete this:     dx  

pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number gi

should just follow what the guides say not the solicitors, though with lowells the solicitors desk is simply the same fake office but one desk nearer the bog. you know it's him as he wears a diff

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

  • Like 1

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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Bit early...but your choice

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We could do with some help from you.

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  • 5 weeks later...

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

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and how did lowlife get your email address?

 

 

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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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?

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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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.

 

 

  • Like 1

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... 

Link to post
Share on other sites

who about what?

 

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

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..

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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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

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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

  • Like 1

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... 

Link to post
Share on other sites

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

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Type in n180 in our search top right

Dxi

  • Like 1

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

 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 by gwebstech
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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."

  • Like 1

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... 

Link to post
Share on other sites
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 ?

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 Topic please PM me a link to your thread

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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

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  • 2 weeks later...
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

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