Lowell Claimform - old Vanquis Card Debt *** Claim Discontinued***

[dx100uk]

filed all ok...you got in to mcol?

 

dx

[Mandorallan]

OK, it's in - and, it seems, in time too. 

[dx100uk]

wouldn't of allowed you to do it if it wasn't in time.

unlucky lowells!!

[Mandorallan]

Well, I don't know what's happening - I've been checking MCOL daily - the last thing on it is my defence. It seems like nothing's happened at all.

[AndyOrch]

They have 33 days to consider your defence and decide if they wish to proceed.....you only submitted your defence 10 days ago.

[Mandorallan]

Ah, OK - I've only received the acknowledgement of the defence this morning (posted on the 26th).

[Mandorallan]

Right - I've received a fairly weighty missive from Overdales...

 

 

 

With pages of transactions...

 

 

Apart from that, there's a missive from Vanquis from when everything went belly up for me... A standard agreement (as you would get if you just enquired about a card) with an overprint at the bottom of the last page with my name printed on it

 

 

docs1 .pdf

Edited August 26, 2021 by dx100uk
posts/pdf's merged

[dx100uk]

everything in one PDF in post above properly redacted as jpg not in a pdf editor that can be undone.

 

so no default notice yet then....and those T&C's don't have your name & address on them.

 

so this was an online sign up and you did your sig on the screen?

[Mandorallan]

I've only got the one PDF editor (I normally do everything in DOCX) - I opened it up again and it wouldn't let me undo the changes, so I thought that it was OK - hopefully this one's better. What do you use to redact stuff then?

 

There was a default notice from Vanquis - way back when - they included it in the bumph (I've included a copy).

 

As for signing - I have no memory, but I guess that it must have been online.

 

Original default.pdf

[dx100uk]

thread tidied again.

DN in your post above - thats compliant IMHO. 

 

there is nothing that makes it clear this was an online sign up other than 'Credit card agreement: you electronically signed this on 14 October 2018 at
1.53pm.'

and

Your details:
We are Vanquis Bank Limited
Our address is No.1 Godwin Street, Bradford, West Yorksh ire BD1 2SU
You are the person signing this agreement whose name and address
are stated on the Reply Card or your application form - so the T&C's can't be for an on line sign up.

which tallies why the T&C's do not have your name and address for the time of sign up either which they must have

 

if you signed that you would have had to have used a mobile phone or tablet or touchscreen PC. which i doubt, there is also no IP address??

 

 

 

 

[Mandorallan]

So.... What should I do? Do I go for the mediation?

[dx100uk]

Have you read any other lowell claimform threads here as advised yet?

[Mandorallan]

Yes, I've been reading through them - that's why I asked about mediation (that was one of the examples)

[dx100uk]

Well you always agree to mediation in small claims unless there's nothing to meditate over or the debt is sb'd on the n180 dq.... But if that actually happen s is down to you and the info you have to be able to make an informed decision.

 

imho im not 1000% happy with all surrounding that cca return. It would help if you were a wee bit more memory man upon it sign up background.

 

DX

[Mandorallan]

One thing I find a little odd - MCOL lists the acknowledgement being received on the 29th of June and that the defence was received on the 26th of July. I've read that they have 33 days to decide whether to go ahead, which would be something like the 29th of this month - next Monday - is that correct? I only got the stuff back from them yesterday.

 

Sorry about the memory bit! Years ago (despite being ex IT myself) I used to set everything up as printed in filing cabinets - especially as credit agreements were actually signed with a pen on paper! Now with you being able to just "click", it makes the whole thing rather "nebulous" - and trying to remember what I clicked on 3+ years nigh on impossible.

 

I may have to go back to printing everything out...

Edited August 27, 2021 by Mandorallan

[dx100uk]

The court will write acking. Your defence give the time limit else it gets autostayed.. You dont get advised of that

If it goes fwd your next movement is a blank n180 dq from the court

[Mandorallan]

So should I hold fire and wait for that, or is there something that should be looking into?

 

I have to say, all these various forms/actions/timings are somewhat confusing to the lay person (even having read up the cases on here).

Edited August 27, 2021 by Mandorallan

[dx100uk]

We noticed

 

keep rea threads here it will sink in

[Mandorallan]

Checking on MCOL there's now a new entry - 

 

DQ sent to you on 09/09/2021

DQ filed by claimant on 09/09/2021

 

Both of which are way after the 33 day limit.

[AndyOrch]

 

[Mandorallan]

I get the feeling that I'm sunk on this one then - ho hum.

 

It took them 47 days to decide to proceed - can they do that?

[AndyOrch]

Apparently so as the court has allowed it.

 

 

.

[Mandorallan]

Is there no way that I can object to it? I notice a "Set Aside Applications entered electronically" at the bottom of the MCOL page (although I can't see how one is entered on the site).

Edited September 11, 2021 by Mandorallan

[AndyOrch]

You cant object or set a side to the filling of a Directions Questionnair...thats the process...they issued a claim you submitted a defence they wish to proceed now it goes to allocation of the claim. Just because DQs are proceeding does not mean the games over...long way to go yet.

[dx100uk]

object to a  late filing of dq...not worth  it ..