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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

Simply confirming no mediation and the claim is proceeding to allocation.

 

Andy

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Hi all

 

The last image i put up says that "not able to arrange mediation at this time...so transferring to local court  etc"

 

she has had this email though:

 

Small Claims Telephone Mediation Service  xxxxxxxxxx

Claim Number: xxxxxxxx

Parties: LOWELL PORTFOLIO I LTD v   xxxxxx

PLEASE REPLY BY EMAIL CONFIRMING YOUR FULL NAME, TELEPHONE NUMBER AND EMAIL ADDRESS TO BE USED FOR THE MEDIATION CALL.

 

Appointment Time & Date

A confidential telephone mediation appointment has been booked for 18th You will be called between xxxxxxxx The appointment will last for a maximum of one hour. When the initial call is made that's when your one hour slot starts.

 

Important Mediation Requirements

Please read the following 3 statements

1. For mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility

 

2. You confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

 

3. You confirm that you are available for the entire timeslot on the date stated above.

Mediation is only available to you if you can answer YES to all statements above. If you cannot answer YES to all statements, mediation is NOT suitable for your case. Please contact us if you cannot agree to all 3 statements on [email protected].

 

Important Preparation

Please see below some guidance notes that will help you prepare for your mediation appointment. Also attached is information on the stages your Mediation appointment will take. It is important that you read this fully prior to your appointment.

 

1. You must participate in mediation in good faith, with the intent to reach an agreement. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to negotiate.

 

2. The mediator may call from a blocked or unknown telephone number, which may be from a mobile telephone
Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

 

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. They must have full authority to act on behalf of a party.


Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any settlement agreements the 3rd party makes on your behalf.

 

4. Your mediation appointment is time limited. You must be free and by the phone at the time above, so that the mediator can contact you.


Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions, with a good telephone signal. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

 

5. You must be available at the start time of your appointment. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.


Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

 

6. The mediator speaks to both parties separately. You may not be the first person contacted, so please be aware that there may be a delay before the mediator calls you.

 

what does she need to say?

she doesnt even know this debt is hers, so why should she even enter mediation anyway, let alone be willing to concede any amount?

 

What does it look like to a court if she says she doesnt have enough evidence for mediation to proceed?

 

thanks

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12 minutes ago, gwebstech said:

2. You confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

 

no

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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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On 20/11/2020 at 21:53, dx100uk said:

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?

 

i see we've already dealt with this enough information before...they did reply with some documents before

can you answer the q in black please..

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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thats what i was referring to - you said no t&c and stuff so i assume what they sent isnt actually valid for what was requested

 

im sorry, youve lost me, answer the question in black?? you mean black ink? it says to reply by email

 

sorry if im misunderstanding

 

 

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is that her signature in ink  on the CCA return they sent? ie she DID sign the application form they returned.........

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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Like i said, yes it looks like her sig on the form they sent saying she signed, but i cant see how she would have got another credit card when her credit file was full of defaults from 2 years before - we both were in a DMP at that time

 

just to add, they sent a list of things she had spent on the card which looked like things she would spend but it just seems a mystery that anyone would give someone with such bad credit another card. Totally irresponsible of them

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On 22/11/2020 at 14:19, dx100uk said:

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.

 

 

 

sorry so you did reply before...its her sig

 

now if vanquis should have loaned to her is explained above.

 

how much of this debt is £12 fees for this and that , have you all the statements?

TBH this is getting to look a bit dodgy to me she'll succeed.... operating by Chinese whispers all the time is proving difficult

 

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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yes i know you explained that before mate,  its just annoying but i dont know how much of this is fees. Ill have to get her to look

 

How much in fees would it need to be to make a difference?

 

But surely shes got a point that they havent sent the t&c and prescribed terms means its not a true copy of the agreement? i thought that meant they cant proceed to court if they dont provide that stuff mentioned above

 

total charges is approx £96 out of £1680

 

but actual amount they are claiing is £2k

 

Ive looked for a template for the IRL claim but cant find one. Where sre the templates? thanks

 

ive told her ill take the mediation call instead of her, ill be a lot better at it

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well as said the IRL complaint is a totally sep issue to the court claim.

the  charges too are so small as to make little diff.

 

the application form appears to me to be atleast devoid of one of the prescribed terms it must contain...

namely ..the 'your right to cancel' section typically in a box, that should contain info like 14 days to cancel etc etc,

there also appears to be ref to a T&C number that is not included in the pages of the return so far.

 

you don't have to agree to mediation (if it happens ) anyway, just state you do not have enough information to make and informed decision.

however, should you allow this to run all the way to a hearing following the exchange of witness statements and exhibits, you will have to up your game to successfully argue these point, IF Lowell dont discontinue a day or 2 before the hearing, which is their usual MO at present if they don't think their case is very strong.

 

see what others think.

 

 

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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thank you for the help, amazing as always. Ill wait and see what others think but i might go to mediation and tell them what you said above and call their bluff.

 

Surely once they know they havent sent all the prescribed terms etc they wont risk court?

 

Will it only be at point of court where she has to fill in an income/expenditure form?

Edited by gwebstech
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Do you recall how you entered into the agreement...On line /In branch/By post ?

online probably

 

 The copy application form you have uploaded is clearly an application by post as it requests your signature and to post back.

Sections 6 and 6.1 covers the Rights of Withdrawal from the agreement referring to the statuary 14 days cooling off period. 

 

Andy

  • Like 1

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DX - regarding the t&c- do you mean the bit at the very bottom that says "this agreement incorporates t&c set out in the long form version" ?

 

ill take this up with them in mediation, got nothing to lose

 

Just so i understand, that signed agreement isnt actually the t&c ? that should be included too? im looking online for the actual govt guidance, but the OFT has shut down and the consumer regualtion guidance doesnt actually mention t&c as far as i can see

Edited by gwebstech
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I wouldn't be tipping them off about anything that could be one of a very narrow range of issues with things.

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

i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.

 

I dont know what to do now -

 

@Andyorchcan i have your thoughts too please

 

the hassle just makes you feel like giving in to them

Edited by gwebstech
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@Andyorchcan i have your thoughts too please

 

I cant really fault the CCA....it appears all the prescribed terms are intact...signatures dates etc.....its legible so arguing it is a none starter.

I notice they only offered a lump sum settlement and not a Tomlin Order which would provide monthly terms and stay the claim hence no CCJ.

 

Mediation is simply a means of narrowing any differences between parties and giving the opportunity to settle the claim without proceeding to court...saving further costs.(hearing fee)

 

It might be prudent to suggest in mediation you may be interested in settling this by way of a Tomlin Order on an affordable monthly payment plan acceptable to both parties...if they decline then I would speculate that you cant pay the lump sum and have no option but to proceed to a hearing.

 

I normally take no prisoners....Especially Lowell...but if there's nothing to argue...why dig the hole deeper...sometimes you just have to accept.

 

 

.

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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thanks

 

i dont take prisoners either, if it was me id tell them, see you in court.

 

Ill speak to her and tell her ill do the mediation, see how it goes then take it from there

 

one last point - roughly what % do lowells just fold before court date? judging from your 2s experience on here

 

Edited by gwebstech
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almost 100% of lowell vanquis card claimform threads in about the last year they have folded on or were already SB'd by the time of the claim

 

however, unlike yours, these have all been online signups with no real proof from the CCA they could ever prove the defendant actually did sign up from what PC and where etc etc. and mainly for much smaller sums too..

 

this claim is for +£2K? and they have the signed CCA...time to plug the hole in the boat as we can't bail out any faster nor keep doing it.

what settlement figure did they indicate?

 

 

 

 

 

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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They said £1800 lump sum, but like Andy said no Tomlin offer, and she would have to pay installments anyway, she hasnt got that lump sum for these *****

 

no chance of getting anything fron Vanquis for IRL?

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well get something sorted so the CCJ doesn't happen 

then go after vanquis under IRL, might get all or most of the balance wiped......just musing..

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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