Lowell/Overdale Debt

[Aethelwolf]

I challenged and requested a copy of a credit agreement for Debts with Vanquis credit card and two debts with EE Mobile.

The Vanquis Debt hits the no contact mark for 6yrs on the 29th of this month.

 

I received an email saying that they did not need to have a credit agreement for the two EE mobile Debts but would find the Vanquis one.

 

I received an email back nearly 30 days ago saying they have the credit agreement for Vanquis and i have 30 days to respond before they may then proceed with legal action. The credit agreement that they sent was a pre-contract credit information which at the end only has my typed name NOT signed, i wasn't aware of these debts as i had an abusive ex wife who took these out without my knowledge.

 

My questions are as follows

A, Are they right that they do not need a credit agreement for the two EE mobile accounts.

B, Does the Vanquis pre-contract one hold any weight.

 

If so please could i have your advice on how to respond either way.

 

As i explained i haven't acknowledged responsibility for these debts and the Vanquis one hits the 6yr mark on the 29th of this month, two weeks left.

 

Many thanks.

Lowell Overdale.pdf

[dx100uk]

why did you engage with them in the 1st place?!?!

did you get a letter of claim for any/all of the debts?

 

have you moved from the address these accounts were opened at and never informed the original creditors in writing you moved?

 

a mobile phone account is not credit so is not covered by the CCA.

 

dx

 

 

 

[Aethelwolf]

Hello, i left an abusive relationship and have been sofa surfing for quite a while, i did not know about the Vanquis debt until i got a letter sent to an address i was using for a short period of time.

 

They currently have no fixed address for me and are contacting me via email.

I responded by letter because they were threatening further action.

 

I sent a letter template requesting a copy of the credit agreement as i wasn't aware of this debt. So challenged that i do not acknowledge it as mine.

 

Please excuse my short comings with my knowledge but what do you mean about the mobile phones not being covered by the CCA. 

[Bazooka Boo]

Mobile phone contracts don't fall under the CCA as they are not credit agreements.

 

There's nothing you need to do, the Vanquis is SB on the 29th anyway, and their arbitrary 30 day time scale is a joke, they always say that just to make you think you need to respond to them when in actual fact you should ignore them.

 

UNLESS, and IF they send a letter of claim then let sleeping dogs lie, and as you're of NFA, they're going to find it impossible to send you documentation.

 

However, as soon as you do have a permanent address you MUST inform them.

[dx100uk]

you sent them a CCA request under the consumer credit act for the signed agreements, mobile phone accounts are not crfedit so are not covered by the consumer credit act.

 

forget the vanquis debt for now

if they have not sent a letter of claim, they must and that gives you 30 days to reply, and they must then give 30 daysbefore issuing a court claim.

so by then is will be statute barred, and as soon as it is you send our statute barred letter.

 

when were the mobile accounts opened?

if you use our enhanced google searchbox  for claimform mobile

you will understand how mobile accounts work, and why a court claim for unpaid monthly contractural charges till end of contract are unfair.

they lose most mobile claims if defended properly.

 

please dont forget a DCA is NOT A BAILIFF

and have 

ZERO legal powers on any debt.

 

next time dont fall for their guff unless you ever get a letter of claim.

 

make sure they have a reliable address for you whereby you will get royal mail promptly , give them that address for each account in writing

then STOP all email/text/phone.

writing ONLY.

block their email AD's too.

 

sadly you fell for the oldest trick in the DCA's book.

dx

 

[brassnecked]

The 30 days they have to give as DX says will mean they can't prevent it becoming Statute barred although the debt might exist they cannot make a County Court Claim, and it will be gone from any Credit File then.

[dx100uk]

But you must tell so in writing.

That also gives them an address as advised to stop backdoor CCJ's 

 

Dx

[brassnecked]

Absolutely Lowell are good at getting backdoor CCJ's.

 

[Aethelwolf]

if i cannot find a permanent address what would be the recommended steps,

would i write to Overdales advising them the Vanquis debt is Statute Barred.

 

If i do get an address within the next 2 weeks which is left before its statute Barred advising them of my new address would that not give them an anchor to use against me as its more communication...

 

again i really do apologise im totally useless with all this......

 

please idiot proof this for me as im well out of my depth here. 

[dx100uk]

IMHO your issue here is not the card debt. let that run.

its the 2 mobile ones.

 

you need to protect against backdoor CCJ's.

 

 

 

[brassnecked]

Exactly DX is correct  the Vanquis will be SB before they can try a claim, the other mobile ones are the danger of a backdoor ccj

[Aethelwolf]

Thank you everyone for your help and for being patient with me, much appreciated.