Lowell/Overdales PAPLOC Now Claimform - old Vanquis Card Debt.

[dx100uk]

you can't 

nothing to do with the court case win/lose.

 

the debt is there for 6yrs from the defaulted date then it vanishes regardless to any payment never to return.

 

if you think the DN is wrong then thats for you and vanquis to sort out after via a complaint.

cant be far off anyway, so might not be worth doing it'll fall off soon, what is the defaulted date on the credit file.?

 

so defence has gone off now?

 

[persha50]

Yes - defence has been sent.

[dx100uk]

well you should be well ok 

yours is not the next move.

 

if you go read as above

you'll see lowells will most probably run this till the last min then disc to save hearing fees.

 

shame you didnt state SB'd from day one.

you could of just filed the SB defence straight away and not bothered with anything else weeks ago.

 

get reading UP!!

[persha50]

Thanks - I wasn't to sure and only had the credit report dates which I why I was waiting for copies of statements they had on file.

Been manic at the vaccination centre so haven't had much time off.  Got today off so will do some catching up.

 

Default date on my credit file is January 2016. 

 

Do they have to state the date of default on the claim letter. 

 

Just curious as it says default notice was served but no date.

[dx100uk]

no.

 

 

[persha50]

Received a letter from Overdales with a Directions Questionaire they have sent to the courts saying "the claimant respectfully requests that in order to avoid disproportionate costs and for all parties convenience that final hearing of the matter to conducted by way of a telephone hearing which the claimant will endeavour to arrange."

They have also ticked that they are happy with mediation.

 

Do I need to send anything with my questionnaire when the court sends it to me.

[Andyorch]

No

[persha50]

The date of the default notice on my credit report is 29/01/2016 so will that be removed on that date.  My last payment by credit card on their statement is May 2015.  So is the default notice 6 years from default or from last payment. 

[dx100uk]

dn is 6yrs from when it was dated. on the 6th B'days the whole account vanishes whether paid or not or paying or not.

though that doesn't mean debt might not be owed if payments made after that date.

 

stop confusing statute barring and default notice.

[persha50]

Just got a letter from the solicitors saying they had read my defence about statute of limitations and say there was a payment made of £1 in 2017 which therefore means the statute of limitations starts from that date and they are prepared to accept a reduced payment. 

 

However they sent a copy of the statement and there is no payment of £1 in 2015 (I posted a copy in my previous post).

 

Should I just ignore them and wait for the directions questionnaire from the courts.

Edited January 21 by dx100uk
added A few blank lines only..dx

[dx100uk]

2015 or 2017?

 

dont think you knew about a cca request then did you? And its £1 fee someone might have wrongly used toward a/c payment?

 

If its not that, then i doubt a £1 payment say in a payment plan would not show other £1 payments before then?

 

we often see dca's claiming phantom odd payments to scam people.

 

Check mcol status . What does it say about/if n180's have been sent out/received?? Might be a bit early yet if your def was only sent on the 6/7.

 

Dx

 

 

[persha50]

Hi - sorry its 2017 for the £1 payment, but hve not sent any proof.

I  don't remember doing a CCA either but don't see how this could be considered as payment toward the alleged amount owed to them or why they have said it was not sufficient to clear my account????

 

I cannot access MCOL it tells me my password/username is not recognised.

 

Have not received a N180 yet.

 

If I receive it after 29th Jan when the alleged debt is no longer on my credit file should I still return it.

Edited January 21 by dx100uk
spacing

[dx100uk]

mcol could be having a hissy fit.

when did you try MCOL?

you've got in ok before?

 

as for the N180 if the court send a blank regardless to its date...you fill it in X3!!

not sure what your credit file has got to do with a court claim response??

 

dx

 

 

 

[persha50]

Have never been able to use MCOL from the start.  Had to email my defence.  I did contact them and they emailed back to say there were issues with MCOL.

 

I thought if not on credit file then overdales/court cannot take action.

 

Should I write to Overdale asking for proof of the £1 payment as no other payments for £1 on the statement and tell them they are talking rubbish or just wait for the N180 and also that I do not accept their offer of reduced payment.

 

In the letter it says:

The last payment of £1,00 was received on 21 March 2017 and was insufficient to clear the outstanding balance.

Please see attached your itemised credit card statement from February 2012 to November 2017 and your credit card application which was approved on 9 August 2017.  This will be presented as evidence it the matter progresses to hearing.

 

The actual copy of credit card application's which they have sent me has a  final decision dated 13/02/2012

 

the date of 09/08/2017 is a date in the right hand corner which I presume was when it was printed.  If the card was only approved in 2017 as they have stated why are there transaction dated 2012???

[dx100uk]

As said 2 or 3 times already here a file showing or not has nothing to do with any court claim nor whether or not one can be issued.

 

if you have never sent a payment nor a cca request to Lowell, then the £1 is phantom.

 

try and get mcol sorted monday. Or findout the status of the claim.

yours is not the next move.

[persha50]

Ok will try and sort MCOL.

Do you think the court will pick up about the approved credit application is 2012 but they are stating it was approved in 2017 which is rubbish or would it be something I need to point out to the court.

[dx100uk]

will be dealt with IF it ever gets to witness statement stage.

 

there are no scans here of any paperwork, other than post 1 which are blank templates garbage

 

get all the paperwork up in one mass PDF please.

 

i pointed youi earlier to lowell vanquis threads

even gave you a link to got read threads.

 

compare yours against the won cases - i suspect this will go nowhere and they'll disc near the hearing date. but no N180 yet so....

 

[persha50]

Hi - finally got reply from the court asking for the N180 to be completed.  Still not able to log into MCOL.

 

I am attaching all the documents received so far including letters from solicitors and a bank statement show the last transaction in May 2015 and no £1 transactions which they have not sent proof of either. 

 

The alleged debt has now been removed from my credit file as well.

 

Got a letter today from the solicitors asking me to reply to their letter dated 17/01/22.  FYI they have said in the letter copy attached but of course nothing was attached.

 

Do I reply to the solicitors and should I complete the N180.  Account is definitely statute barred.

All docs.pdf

[dx100uk]

Oh well they can't type dates properly.. or read statement s!!

 

No to mediation.

 

The rest is obv ..

 

 2 copies.

1 to the court.

1 to their sols but no email,phone or Sig 

 

Dx

 

 

 

[persha50]

Sorting that now. 

 

I will have to email response to court. 

 

With solicitors asking me to respond to their letters is that normal practice as I would assume if its heading for court there would be no correspondence between them and me.

Edited February 5 by dx100uk
added A few blank lines only..dx

[dx100uk]

Sols dont call the shots.

[persha50]

All done.  Will I get a copy of their defence as I have not received one yet.

Sent email to courts and then email to the address on overdales letter.

[dx100uk]

A 'claimant' does not file a defence - they are not the 'defendant'

 

You should never ever use or give an email to a claimant or their dogs as theyll use that to file fake docs 1 min before a dead line.

 

Im sure weve told you this or you must have read it during your selfhelp here to date.....

 

What is the point of not including your sig/phone/email on their copy of your n180 when you sent it to them by email...

[persha50]

Just received an email giving a medication appointment on 24/03/22.

 

Do I need to talk to them?

[dx100uk]

you mean the mediation service 

 

has the claimant supplied enough documentation yet for you to make an informed decision if too?