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Lowell Vanquis Card Court Claim


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Hello

 

Couple of questions regarding Lowell's legal action against me re a Vanquis CC debt.

 

1 Once an account is terminated can the creditor add on another month's interest and late payment charge a month later?

 

Eg the DN states £3500 balance on say 5th March 2021, terminates on the 28th March but then increases the balance owing to £3700 on the 28th April due to Aprils interest plus a further late payment charge on the same date?

 

2 It appears Vanquis say they follow the FCA guidelines before issuing a DN, ie at least 3 months missed payments as arrears. Mine has about 1 months missed payment but the second missed payment was 7 days late, rather than completely missed, yet included on the DN as part of the total arrears amount.

 

Eg I missed Oct, Nov, Dec, payments due at beginning of each month, but paid one large sum later in December to cover those three months, missed Jan, Feb but paid a sum that ALMOST cleared it all save for about £50. Was late for 1st March repayment, received a DN indicating by the arrears amount on the DN that I was about 3 months worth in arrears on the 8th March.

 

Should March have been included as it was so recent? Is it not just late, rather than actually missed? As in the next months repayment, April, wasn't yet due? 

 

Thanks for any help.

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vanquis & DN are never straight FWD, however i would doubt arguing about such is a worthy defence.

 

can you complete our sticky please 

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

and let us know how far you are in to the court process. AOS/defence filed.what did you file. WS stage?

are these docs from Lowell's via a CCA/CPR or parts of the WS disclosures?

 

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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What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxxx

 

2) The Defendant failed to maintain the required payments and arrears began to accrue.

3) The agreement was later assigned to the claimant on 27/09/2019 and notice given to the Defendant.

4) Despite repeated requests the sum of £3, 413.10 remains due and outstanding.

And the Claimant claims 

a) The said sum of £3,413.10

b) Interest ... being £270.06

c) Costs

 

What is the total value of the claim? £3,948.16
 

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

 

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

Did you inform the claimant of your change of address? na

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

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

 

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? yes
 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? self employed and reduced hours to care for father thus reduced income
 

What was the date of your last payment? 03/02/2017
 

Was there a dispute with the original creditor that remains unresolved? Yes
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Phoned them to say any payments would be sporadic for a few months due to reasons above and would be late with payments. I made no attempt at a DMP.

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date of claim please 

and what stage in the claim are you at?

 

where this DN come from please ans my other q's above.

 

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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