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.

[dx100uk]

typically an original creditor should issue a default notice within 3-6mts of entering a DMP or last payment date, not some months or years letter.

 

so the statute barred date running from the DN date+14 days, which is the current wisdom, could be challenged should this ever make court.

 

but until the debt owners comply with an enforceable CCA , they are going nowhere. 

 

 

[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.

[Bazooka Boo]

Well if they don't issue a DN then how are you supposed to know how to rectify your account?

Failed at the first hurdle.....if they don't follow the guidelines that is.

 

The studio card is gone, ignore that, June it will be SB.

 

 

 

[just_jue]

I will see what the SAR brings

[dx100uk]

to vanquis

[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?

[dx100uk]

next desk nearer the bog

[Bazooka Boo]

Yep ignore, the next letter will be ''leter of claim'', then you hit them with a CCA request and a list of questions and hey presto, it goes radio silence....

 

That is IF they follow the same MO as mine...

[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?

[dx100uk]

for the vanquis debt?

[just_jue]

Yes sorry it is

[dx100uk]

click letter of claim, follow post 2 and its attachment.

[just_jue]

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

 

Thanks DX

[dx100uk]

and the cca request to lowell as it advises

[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

[Bazooka Boo]

At least you got a response, I've had two letters of claim from Overdales, but still no response to my CCA request.

 

I'm in two minds as to whether these LOC's are bluff and bluster, as naff all has happened after their arbitrary 30 day time limit.

[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

[Bazooka Boo]

Get onto the credit reference agency and put a ''notice of correction'' on there, and advise them that the information they are reporting is factually incorrect and they will be wise to correct it or you will be seeking damages off them.

 

Are you certain it isn't just lowlifes updating the file?

 

The date of default is placed there by the OC, so Vanquis, then when they farm it out to powerless DCA's they 'update' the file with their details, the default date stays the same.

 

As you now have evidence, when was the default date? And how much longer have you got until it drops off your file?

[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

[dx100uk]

it is not admittance of anything.