Lowell/Overdale 3xPAPLOC Now claimform - old Vanquis Debt ***Claim Discontinued***

[just_jue]

Hi everyone after a bit of advice.

 

Lowells have two debts of mine for the last couple of years.

 

Brief break down on what happened in 2015 - 2016 I moved house and then had a down turn in work (self employed) and could only pay for essentials.

 

I did have a DMP which was paid till 2018.

 

One of them was for Studio card and wasn't on my DMP, the last payment to them was June 2015 and was defaulted in Jan 2016. When will this debt be Statue Barred? I am confused as it it seems to have changed lately. 

Lowells have been sent a CCA for this one and couldn't produce one.

 

The other one was with Vanquis and was paid via DMP at £5 till 2018 when I couldn't pay anything, the last full payment was June 2015 and then the reduced payment was paid until 2018, this one wasn't defaulted till 2018 is this right?

I've sent a SAR to Vanquis to see all the details they have etc.

[just_jue]

Thanks DX,

 

I started the DMP in 2015 and  (Vanquis - Lowell)  have registered the default in 2018. After reading some other posts Vanquis don't seem to issue default notes if you go into a DMP for some reason.

[just_jue]

I will see what the SAR brings

[just_jue]

Yes it was

[just_jue]

All the SAR has arrived.

 

It shows they accepted the lower payments in June 2015, as the DMP was through Stepchange the payments seem to to have arrived late to Vanquis and was always in arrears so the finally defaulted it is July 2017 so where Lowell got the 2018 default I don't understand.

Funny enough the SAR shows all the letter from 2011 but not the earlier ones where they put your limit up ever couple of months.

[just_jue]

Lowell have now passed it over to Overdales Solicitors and had a Notice of Acting letter arrive to today, is this safe to ignore?

[just_jue]

Thank you both

[just_jue]

Today received the Letter of Claim - 30 Days to prevent legal action is this the PAPLOC to respond to via your letter?

[just_jue]

Yes sorry it is

[just_jue]

Have done will fill that out and send it back to them.

 

Thanks DX

[just_jue]

Acknowledgment back from Overdales saying they have my response and have passed on the the OC for the required details.

Nothing back from Lowell yet

[just_jue]

Nothing from lowell for my CCA request 

[just_jue]

Still nothing from either.

 

I have been looking through the SAR that Vanquis sent me and in it is the default notice that is dated 18 months before the Lowell have registered on my credit file, hows is this possible? Would of it been when they took the debt over?

 

Thanks again

[just_jue]

I do have my credit file open in front that says 31st Oct 18 for the default.

 

But the letter from Vanquis that arrived in recent SAR I did is dated 31st July 17.

 

Problem is I see how I can complain about this as this would be admitting the debt, while I am waiting on my CCA request from the PAP paperwork

Edited January 4, 2022 by just_jue

[just_jue]

Thanks Both of you.

 

Bob - Lowells took over the debt from Moorcroft in 2019 who if I remember rightly were acting on their behalf.

 

DX how is it best to play this as payments were made via step change until 2018 but the default note I had here is July 2017

[just_jue]

Had a response to the CCA agreement and they have sent the Digital Signature along with the Terms and conditions with my name etc and date all corresponding to my application.

[just_jue]

Yes along with a statement of payments and the default notice that I already had

[just_jue]

Here is a scan of the response to the CCA.

 

There is a online application file, 3 pages of terms and conditions, and the default notice I mentioned in an earlier post that is 18 months earlier than reported on my credit file.

 

Vanquis .pdf

[just_jue]

Been reading up with the won cases.

 

Do I just wait and see if they go ahead now?

[just_jue]

If they go further with a court case as they have sent a CCA request and DN

[just_jue]

Thanks DX,

 

Have been having a good read and see what they plan to do next.

[just_jue]

Had another  Letter of Claim come through today, do I fill this in again and send it off?

[just_jue]

3rd Letter before claim now, same as before?

[just_jue]

They have now sent a claim form:

 

Name of the Claimant ? Lowell -

Overdales sols

 

Date of issue –  21st April

 

Particulars of Claim

 

What is the claim for –

 

1.The claim is for the sum of £2649.23 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis Account reference 4023xxxxxx.

 

2.The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on xx-xx-xx, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of these proceedings in the sum of £211.94.

 

The claimant claims the sum of £2861.17

 

What is the total value of the claim? £3056.17
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes and replied twice
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ? 2009
 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure
 

Did you receive a Default Notice from the original creditor? no only seen after SAR OC
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure
 

Why did you cease payments? lose of job
 

What was the date of your last payment? 2018
 

Was there a dispute with the original creditor that remains unresolved? no
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? was with step change till 2018 then no payments after closed DMP down.
 

 

 

a.pdf

[just_jue]

Had a reply from Overdales, and they have sent the same documents as before from the PAP request as uploaded in #31.

 

Am I right that my defence has to be in by the 24th?