Re: allocated to small claims track

by waylander62 Wed Dec 11, 2019 6:39 pm

what about their witness statement ?

i would get on to vanquis ( use the address on their letter that accompanied the SAR )

simply ask vanquis: that you have receipt of all of your documents provided in a recent SAR, however there is no notice of assignment, could they please provide a copy of the notice or confirm that vanquis did not issue one.

by jack Wed Dec 11, 2019 6:53 pm

on looking at vanquish sar letter they state they are unable to supply me with a noa, they say that would have been sent by Lowell, then go on to say they can confirm Lowell send the goodbye letter on behalf of them which will be on a vanquish header, its not on a header its on plain paper but signed by an employee of vanquish.

by waylander62 Wed Dec 11, 2019 9:33 pm

ok just as i suspected let me think on this for a while

i would like to see the default notice if possible

you said lowell have already sent you their paperwork have they also submitted a witness statement along with this paperwork

by jack Thu Dec 12, 2019 9:08 am

still working on how to upload hoping default notice is attached with this post

by jack Thu Dec 12, 2019 9:28 am

Default notice. will work on uploading rest of files. thanks

Attachments

: IMG_20191212_0003.pdf You don't have permission to download attachments.(49 Kb) Downloaded 7 times

by jack Thu Dec 12, 2019 9:59 am

Hi Waylander find enclosed: N.O.A.
Witness statement
second part of witness statement to follow

Attachments

: IMG_20191212_0005.pdf You don't have permission to download attachments.(31 Kb) Downloaded 12 times

: IMG_20191212_0008.pdf You don't have permission to download attachments.(92 Kb) Downloaded 8 times

by waylander62 Thu Dec 12, 2019 10:04 am

well to me that is a letter it refers more than once to see and refer to the enclosed default notice ? so where is the enclosed default notice ? or is that all you have ?

by waylander62 Thu Dec 12, 2019 10:12 am

just started reading the WS and the first thing that jumps out is their referral to a default notice sent on 30th May 2014 which they apparently enclose?? !! yet your upload is dated 17th january 2014 ?

also the law of property act is mentioned as i said earlier, get that letter off to vanquis sar dept.

not adding up at the moment something is amiss with what they are claiming, read it carefully it is all in there.

by waylander62 Thu Dec 12, 2019 10:26 am

to be honest having further looked that is not a witness statement it is only a simple letter but evidence non the less.

by jack Thu Dec 12, 2019 10:48 am

sorry Waylander having trouble uploading again its saying ive exceeded all my storage space. I think ive sent you the wrong default, the one I have got here starts of with, this is a default notice served under section 87(1) of the consumer credit act 1874
this can be remedied if you submit a payment before 5th feb 2014

by waylander62 Thu Dec 12, 2019 10:53 am

yes that will be the one but lowells in their letter are stating may 2014 !? and that it is enclosed.

are you uploading the one lowells solicitor sent or the one vanquis sent in the SAR ? check they are the same

also send that letter, very simple one, to vanquis regarding the N of A, the law of property act is quite clear on assigning.

by jack Thu Dec 12, 2019 12:08 pm

the default notices are the same dates from both parties 17/2/2014

regarding noa I wrote to vanquise demanding a second sar as they did not include several things the noa was one of items missing, they sent me rest of items eccept noa, their explanation was that they gave lowells permission to print and send them out on their behalf but they copied a vanquish signature to me that's fraud, I would have thought they would have needed written permission,

thanks

by waylander62 Thu Dec 12, 2019 12:17 pm

that is what i am getting at
from what the court said you have a bit of time before going to a final hearing so.... deposition vanquis force their hand ask them to submit to you a signed deposition that alex appleby gave permission for lowell to either forge, copy and paste or use his signature when they sent out a N of A on behalf of vanquis.
give them 7 days to respond in receipt of your letter.

also send lowell a notice to prove that the notice of assignment was sent to you by vanquis and not by lowell themselves, file a copy of the notice into court to be added to your case file.

what date in their particulars do they give for a default date ?

by jack Thu Dec 12, 2019 12:27 pm

30th may 2014 is this lowells particulars

by waylander62 Thu Dec 12, 2019 12:53 pm

well that is also incorrect

defective pleading, clearly when x signed a statement of truth it was not the truth and pure guesswork. note all of this for your own WS

by jack Thu Dec 12, 2019 1:12 pm

I will do Waylander I cant thank you enough for all you have done, I have scrutinised
all the paperwork but spotted nothing iam glad I asked that first simple question on here, otherwise all this would not have been brought to light, I will get these letters sent out today and keep you informed of what they both have to say. Thanks again

by memegirl777 Tue Apr 12, 2022 1:38 pm

What happened here please ?

by jack Tue Apr 12, 2022 2:18 pm

Hi memegirl
sorry to say the court ruled in lowells favour really nasty lady judge,

by memegirl777 Tue Apr 12, 2022 10:32 pm

Hi Jack,
My otherhalf had the same just a judge up her own arse .. said he needed her permission to apeal ..
I think timing with a CCA is key ..
Send just before a weekend Thursday takes a day to travel they won't receive until the Monday earliest it'll take a couple of days to prossess the clock is ticking ..
Sadly I lost my reg post receipt ..
I can norm stop the rats in their tracks ..
Make sure you send them a nasty letter reminding them what asses they are with every payment ..

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