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


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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?

 

 

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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.

 

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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.......

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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

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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

 

 

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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  • 3 weeks later...
Posted (edited)

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 by dx100uk
formatting/spacing only - no issue
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  • dx100uk changed the title to Lowell/overdales claimform - old vanquis card debt out of nowhere

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

 

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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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.

 

 

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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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.

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  • 1 month later...

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.

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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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 by dx100uk
added A few blank lines only..dx
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Yep await the n157 from the court

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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