Lowell's OH Vanquis card - PAPLOC now claim form.***Claim Discontinued***

[penmarine]

Defeat on this one, going for a final settlement figure. As always you were right dx

[dx100uk]

why a defeat?

 

 

[penmarine]

They've sent everything I asked for, I was holding out that they didn't have a DN as they'd not sent it with their SAR response.

[dx100uk]

doesn't mean they ARE going to instruct their sols to issue a claim though northants bulk.

they might drop the ball and miss the SB date of october.

 

pers i'd let this run.

 

 

 

 

[penmarine]

Hi dx I was going to go down the line of they'd sent an application form rather than a credit agreement as a defence to the CCA request but my wife isn't too keen on this. I may wait to see what they send next in the post and go from there.

[dx100uk]

you dont send any defence following a CCA request return...enforceable or not...

don't play your cards...

[The GodMother]

Why have you not SARd Vanquis. If you want to offer a F&F then l would have the full info in front of me. Then go from there. 

[BankFodder]

open

[penmarine]

Hi caggers, had the attached letters from Overdales/Lowell's today for the OH.

 

Are Overdales a DCA as Lowell's suggests or solicitors?

 

Depending on what they are I think will decide my next move, which my gut feeling is let it go to court.

 

I'm pretty sure Lowell's would have taken the OH there by now if they really had something.

 

Thanks PM

Lowells and Overdales.pdf

Edited May 28, 2022 by dx100uk
Spelling

[dx100uk]

Doesn't say will anything

Overdales are simply the new name for lowell solicitors.

 

 

 

Dx

[penmarine]

Thanks dx

[penmarine]

Hi Caggers,

 

the OH got a Letter of Claim from Overdales a couple of days ago. 

 

I've attached it to view, it asks that she completes paperwork that she filled out when it was with Lowell's solicitors. 

 

The letter says on one hand they will issue a CC claim then the next sentence is if legal proceedings are issued. 

 

I suppose my question is do I get the OH to just fill out the paperwork again and send it off in line with the previous advice I've been given for her or just ignore them? 

 

Thanks PM

Overdales Letter of Claim.pdf

[dx100uk]

On 29/10/2020 at 22:05, penmarine said:

OH got a vanquis card, defaulted and made a last payment in July 2015.

Is this true?

[penmarine]

Dx yes 28 July 2015 for the last payment, I've just realised it's now statue barred I think.

Edited August 9, 2021 by penmarine

[dx100uk]

i believe the DN was issued several months? (october was it?) after the last payment so lowells will claim otherwise, but if you read the lowell vanquis threads here in the legal section they usually give in.

 

whens the 30days up?

[penmarine]

05 September I have to reply by

Edited August 9, 2021 by dx100uk
just type no need to keep hitting quote of the previous post

[dx100uk]

Send them our sb letter 4th

[The GodMother]

5th is a Sunday as Kids due back on Monday 6th. 

[dx100uk]

immaterial really

[comebackjimmy]

Hello

 

I had success against Lowell/Vanquis.

 

I strongly advise you get a SAR to Vanquis so you can get a copy or evidence of the date of the Default Notice, unless you have already got it on file.

 

This might take up to 30 days so do it now, just in case the case starts to progress.

 

You might get a phone call from Vanquis asking why you want your data.  I did.  I think the lady concerned was somewhat inexperienced so was unsure how to handle a SAR so I was very polite and explained that I had a legal right to the data but that what I really wanted was a copy of the Default Notice.  (I already had one but I wanted belt and braces!).   They sent one by return of post.  If this happens to you then you can decide whether to insist on your legal right to the full data dump which might take time or would be satisfied with a copy of the DN.

 

Knowing the exact date of the DN would allow you to identify the exact Stat  Bar date and could save you a world of pain.

 

Lowells subsequently gave me cock and bull as to why the account was not Stat Barred and once you have the date and it passes you can safely ignore their protestations.

 

By the way after I got past the stat bar date I also hounded them to clear my credit record which they had re-defaulted way back when ..... so check that as well, though it is of secondary importance to getting to the stat bar date.

 

Good luck.

[penmarine]

I was under the impression the SB date is from the last payment rather than the default notice date.

 

I'll have a read up as it's technically SB now and dx has recommended sending the SB letter at the start of September which I'm planning on doing for the OH.

[The GodMother]

I thought it was the date of last payment or when you last acknowledged the debt. 

 

Still get the SAR off and go from there. Make sure you have in writing the exact date of deafault notice 

[penmarine]

I have a copy of the DN, but I cannot see how the DN date has a bearing on the account being SB?

Edited September 11, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Why are covering old ground?

We have the dn .

And there was a court of appeal ruling in 2015 which ratified dn+14 days is sb date. However the if oc took months or years to register one thats another matter that has caused lowell to discontinue or lost numerous cases.

 

let it run till about the 3/4th sept then send our sb letter. But they've already sent one paploc and had a reply anyway.so this new one is just to hope you'd moved and don't respond, then they'll go for a backdoor CCJ

[penmarine]

Dx thanks SB letter prepped, last payment July 2015, DN dated October 2015 so definitely months to register. PM

Edited September 11, 2021 by dx100uk
unnecessary previous post quote removed