Lowell/overdales claimform - old vanquis card debt out of nowhere***Claim Discontinued***

[confused.com]

But surely they were in default of the original request for a copy of the credit agreement so i shouldn't have court papers in the first place? Without the legal jargon it should be taken that a request of agreement with a £1 cheque be deemed as a request under S78 whether mentioned or not? You can't just sell the debt on and allow the next guy to take the fall?

 

 

[AndyOrch]

Yes we know that.... but your not supposed to defend a claim in the eyes of a DCA then no one is the wiser.....even the judge.

Default judgments require no human intervention.

 

Welcome to the shady world of defunct debt buying.

[confused.com]

Just to give you guys a quick update. Both the letters went off a week ago. Overdales in Bradford received and signed for the CPR the following day - haven't heard anything back yet.

 

Lowell portfolio in Leeds must have a redirection on because they received and signed for the CCA just yesterday via HARROW post office.

 

Still haven't received my DQ from the court either and looking on MCOL there's no change since I filed defence.

 

Waiting game.......

[confused.com]

OK received DQ today to be returned by 01/10. Also got 2 nearly identical letters from Overdales just worded slightly different. Both acknowledge receipt of CPR and say as per there previous letter they request CCA from Vanquis and will provide it when they get it.

 

So for DQ what's the advice? Accept mediation and should I request hearing at my local court or via phone like they have done? Tia

[dx100uk]

1 wit you

yes to mediation

the rest is obv 

 

3 copies

1 to the court

1 to overdales (omit phone/sig/email)

1 for you files

 

 

[confused.com]

Another update guys. So I sent the DQ off last month but it's not showing received on MCOL yet so I will contact the court next week and make sure it's there or if they need another copy.

 

In the meantime Overdales have replied to the CPR apologising for the delay as it takes time to get documents from original creditor. They have provided me with a Digital signature application instead of agreement. Just a form with a couple of boxes with my info and saying approved.

 

Also a statement covering a couple of years that I didn't even ask for. Default notice and notice of assignment. They state once in receipt of remaining documents they will forward and as no response made to their without prejudice offers the client is willing to consider any reasonable proposals put forward.

 

Also Lowell themselves haven't responded to the CCA at all are now well into default time of over 12 days. No idea if they have cashed the postal order or not but they haven't returned it to me either. They have however gone onto my credit report and added the extra debt from the court claim onto the balance and made it so the credit limit shows increased from zero upto a limit and then now shows overlimit.

 

Does this all sound about right? Any next moves or should I just reply to Overdales stating they still haven't provided an agreement and Lowell are in default of CCA request and haven't returned the fee?

 

Tia

Edited October 10, 2021 by dx100uk
formatting/spacing only - no issue

[dx100uk]

yours is not the next move

get that n180 sorted

ignore lowells/overdales.

 

scan up bar the statement all they have sent to one mass pdf please

read our upload guide carefully 

 

dx

 

[confused.com]

Here dx. This all they sent apart from statement. When you say get n180 sorted shall, phone to court and check they received?

1.pdf

[dx100uk]

yes ring northants bulk

 

as for the paperwork thats not aceptable as a CCa return , its the usual A/C stuff they get from the vanquis data base. go lok at other vanquis claimform threads and you'll see.

 

the DN is ok

so is the NOA.

 

they rarely win these old vanquis card claims.

 

 

[confused.com]

Yeah I figured the agreement pages were rubbish. They haven't even come as a CCA return but part of the CPR.

 

Lowell have ignored the CCA request it seems and just kept my postal order. Vanquis did the same years ago.

 

I have proof of delivery and postal order receipt this time though! I mean they do mention other documents will be forwarded when they get them but i'm assuming that to be a scare tactic. Thanks for advice

 

Court sorted. Apparently they are on a backlog and are opening post from 21st September just today so mine is a week still into that pile. She emailed me a blank and I returned it that way just to be safe.

[confused.com]

Oh whoops. I forgot about the reducer thing sorry! 

cca_compressed.pdf

[dx100uk]

your name and address is nowhere to be seen

the supposed online? signup on a thursday 02 feb 2015 has no IP address of the device used. just some sticker at the end of a blank CCA/T&c's that could have come from anywhere inc uploads here or their filing cabinet not from vanquis to lowell....very dodgy.

 

they'll have a hardtime using that.

[confused.com]

Yeah, I see they are trying to pair it up with documents from the CPR (uploaded earlier). The number on bottom of that 'CCA' is what is in the box for terms and conditons on the other form.

 

No IP address anywhere to be found. 

 

Overdale letter states find enclosed copy credit agreement and T&C. You've now been provided with all the documents to substantiate our client's claim and they trust after considering the same I now accept i'm liable. 

 

They are still prepared to enter into settlement negotiation for 2500 over 12 months by consent order. If settlement is not reached they will proceed to court hearing which will incur further costs and fees.

 

Am I still best ignoring them and wait for court?

Edited November 12, 2021 by dx100uk
added A few blank lines only..dx

[dx100uk]

Yep await the n157 from the court

[dx100uk]

open

[confused.com]

Nice. The letter received the case got transferred to the local court and 2 months later, letter received from overdales saying the client asked them to drop.

 

What's position on the charges they have added? Court fee plus solicitor costs now showing on my credit file on the alleged balance. I realise the alleged debt will still exist, but they have the right to add the court and solicitor fees to it ?

Edited July 11, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

As they and all claimants do

 

Doesnt matter a monkeys.

 

Well done on your win

Well done CAG.

 

Please dont forget to donate to keep us here.

 

Dx

[AndyOrch]

Topic title updated...with regards to the legal fees added to the balance just keep a separate note safe of how much they added for future reference...then you can can deduct it should you ever feel the need to settle the account.

 

Well done 

 

Andy

[confused.com]

Thank you guys.

 

They just messed around with the credit score a little by increasing the balance after years and then making it look like I've recently gone over credit limit. Part and parcel of a vindictive leech company like Lowell I suppose though!

 

I'll buy you both a coffee once I get myself off prepay electric meter (another story that). Had shell turn up with warrant to fit smart meters that I'd always wanted anyway.

 

No paperwork to show though so I told them fit the smarts while they were here but I wasn't acknowledge that it was under a warrant so they can't charge me for some court fees unless they have the warrant right. They haven't, but they put my electric on prepay for some reason over 400 debt but left the gas on credit... Thought it was the gas prices that went up?!

 

the losers said they will put it back on credit once I'm under 200 debt on the meter so I'm trying to get that down asap so I can go back on direct debit. Funny thing was they mixed up the gas and electric reading off the old meters and tried to bill me 3800 for about 20000 units of electric that came off the 2nd hand gas meter they fitted and never checked in 5 years! That bill quickly got replaced with 400 loaded to the electric meter and they just left the gas on credit cos I owe nothing. Go figure.

 

And sleep well knowing I've learnt some extra tips and will use this knowledge to help some other friends family and neighbours get away from these bloodsucker companies!! Big respect CAG

[dx100uk]

if you want clarity and help with the utils stuff , something doesn't sit right with the way you've described what they did.

start a topic in that forum.

 

dx