Re: Lowell : Letter of Claim received

by Hellsbells6721 Tue Nov 03, 2020 11:04 am

Hi,
Sorry, but what is an ICO?

Hellsbells

by Hellsbells6721 Tue Nov 03, 2020 11:15 am

Hi Waylander
Sorry again, but what do you mean re,sending a third letter copying in the ICO?

Hellsbells

by waylander62 Tue Nov 03, 2020 11:34 am

Information comissioners office, where you can complain about a firm not responding to a SAR or not responding about a SAR,
send a 3rd letter to vanquis and let the ICO have a copy of the third letter as well as a copy of the first 2.

It may be better to correspond with the ICO via e mail to speed things up. If you are not sure what to ask the ICO then just ask.

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/what-to-do-if-the-organisation-does-not-respond-or-you-are-dissatisfied-with-the-outcome/

by **Mrblue2015** Tue Nov 03, 2020 5:31 pm

Apologies, busy day at work.

However, agreed with all points raised by Waylander62.

You’ll just have to wait and see if they end up colluding. So far, they have not produced the correct financial instruments etc to evidence the alleged debt. And this is why a SAR is SO important, because it can help you potentially spot IF the debt company has ‘made up’ / amended any financial instruments... Wink

by Hellsbells6721 Wed Nov 04, 2020 1:56 pm

Hi Mrblue

Thought I'd let you know that they have gone around a week over the 40 days I gave them and the OC hasn't even bothered to respond. Lowell Solicitors said they were putting a response together and would put the account on hold until then! Surely they either have it or they don't?

Hellsbells

by **Mrblue2015** Wed Nov 04, 2020 2:36 pm

Let them put their 'response' together. We'll see what they have. I'd bet they DON'T have it and I very much doubt they have what they need. They haven't so far, have they...! Which is why Waylander suggested they might 'collude' i.e. to cobble something together. But even if they do that, that doesn't mean the alleged debt is LEGALLY enforceable.. Wink

If the OC takes too long to reply to the SAR (they sometimes do but I'm sure you can figure out why...) then complain to the ICO. I had to once, and then the OC bucked their ideas up Wink

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/what-to-do-if-the-organisation-does-not-respond-or-you-are-dissatisfied-with-the-outcome/#b

by Hellsbells6721 Fri Nov 06, 2020 2:38 pm

Hi
Been away in work but I’m home now and I am going to write to the ICO. I’ll keep you updated.

On a different subject, we are being lied to about hospitals being overwhelmed! I’m a critical care nurse and although some units are busy, they alway are at this time of year and everything is being labelled COVID

Hellsbells

by **Mrblue2015** Fri Nov 06, 2020 4:25 pm

Hellsbells6721 wrote:On a different subject, we are being lied to about hospitals being overwhelmed! I’m a critical care nurse and although some units are busy, they alway are at this time of year and everything is being labelled COVID

Hellsbells

Hey Hellsbells, good to hear from you. Would be great if you could repeat that via a new post under the ‘General’ section!

by waylander62 Sat Nov 07, 2020 11:00 am

hellsbells

is their an option to e mail the ICO ? it may help you to speed up the results of the complaint and to get vanquis to admit to not having the documents required before Lowell and vanquis 'collude' and 'create' what may be necessary.

by Hellsbells6721 Sat Nov 07, 2020 1:49 pm

Hi Waylander, I'll check that out

Hellsbells

by **daveiron** Sat Nov 07, 2020 2:34 pm

According to their site ,they are all now working from home .Try starting from here.
https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

hope that helps

by Hellsbells6721 Sat Nov 07, 2020 2:50 pm

Will do. could you please give me an idea of how to word it? Thanks

by waylander62 Wed Nov 11, 2020 11:16 am

sorry not been on for a few days.

let the ICO know:

i) Vanquis replied to your SAR
ii) a 3rd party have allegedly purchased your debt and are threatening court action
iii) 2 crucial documents to enable you to ascertain your lawful position should this 3rd party issue a claim against you through the courts did not appear in the SAR from Vanquis so you can only assume they do not exist.
iv) In order for you to reply lawfully to any claim issued you requested these 2 documents from Vanquis should they exist, IF they do not exist then you requested confirmation from vanquis that this is the case, in writing.
v) vanquis have ignored 3 requests for this crucial information.

hope this helps

by Hellsbells6721 Sun Nov 15, 2020 8:24 am

Many thanks, Waylander. I've also been away for a few days and then our beautiful dog became really ill and had to be put to sleep, which has devastated us all. I'll get on to this immediately.

Hellsbells

by Hellsbells6721 Sun Nov 22, 2020 1:50 pm

Hi Waylander and Mrblue,

I have not heard from Vanquis but Lowell Solicitors have finally responded, 23 days later than the 40 days I gave them. They state that a response has now been sent to them from Vanquis In their letter, they state that 'as I am aware' the account was opened in April 2009 and the default was reported to the credit reference agencies in December 2014 and the last payment was made towards my account in July 2015.
They state that they have enclosed a copy of my statement, credit agreement, and default notice. Tstatement and digital credit agreement copies are exactly what they have previously sent but the default notice is just a sample copy. None of my details are on it whatsoever!
They are asking for a response or they will send a Claim form, incurring costs and if I don't respond to the Claim they may apply for a CCJ! I've taken a picture but I can't seem to upload it.

Hellsbells

by **Mrblue2015** Sun Nov 22, 2020 2:35 pm

Then the default notice is not a default notice! And therefore (as per the Consumer Credit Act) NO cause of action, NO right demand payment... Wink

You gotta ‘laugh’ wondering how stupid they think we are (“we’ll just send a BLANK default notice!”) Morons...

I’ll allow Waylander62 to advise as to how you raise this point with Lowell’s and no doubt he’ll have others Smile

by Hellsbells6721 Sun Nov 22, 2020 3:17 pm

Thanks, Mrblue, that's what I thought. I don't know how to upload the picture I took of it! How should I respond to this letter, apart from asking them how stupid do they think I am? The only thing that I'm concerned about is that they say they sent a default notice to the Credit reference Agencies!

Hellsbells

by **Mrblue2015** Sun Nov 22, 2020 6:48 pm

No need to upload it, if it’s blank it’s blank...

I shall respectfully defer to Walyander62, as we are now moving into his more experienced territory.

A solicitor send a default notice (or any doc) to a credit reference agency? I don’t think so Wink

No such docs are sent by anyone to a credit reference agency. I issued a SAR to a credit reference agency while back, and no such docs (‘financial instruments’) are kept by them. The original creditor would have reported to a credit reference agency that an account had defaulted. End of.

by waylander62 Sun Nov 22, 2020 7:24 pm

it appears to be getting to the sharp end now so lets sort things out.

i) I agree with Mr Blue that they have not sent a copy of the default notice to the credit reference agencies, check the letter and let me know if they have actually claimed this or that you are not reading their letter correctly and they have actually said that they have reported a default on your credit file.

ii) what have you done about the ICO ? this could give you all you need ? vanquis are clearly not going to respond to you on this.

iii) the default notice is not compliant ( a BIG reason you need to get vanquis to admit it doesnt exist )

iv) was the last payment made in July 2015 ?

v) is the 'default notice' they sent you dated ?

vi) would like to see the default notice if you can somehow photo it and send it in a private message ?

reply to them simply stating that you have received and acknowledge their letter.
tell them for the avoidance of doubt that they, being solicitors will no doubt be aware that the documents provided are not compliant with the CCA,
should they wish to issue a claim then you feel it only fair to inform them that any claim will be defended and all correspondence will be attached to your defence for the court to view.

sign off.

by Hellsbells6721 Mon Nov 23, 2020 9:46 am

Hi Waylander

Lowell Solicitors' letter states that the default was reported to the credit reference agencies in December 2014, it does not say who reported it.
I did make a small payment in July 2015 as I was in a DMP.
I did send all the details to the IcO and they have emailed me to say they are dealing with my complaint.

The default notice is literally a sample and states that at the top. It has a sample agreement number, ending in 1234 and sample sums of money. I am trying to upload a copy to you.

They also forwarded a letter to me which they state is from Vanquis. This letter tells me that I provided a digital signature and consented to the full terms and conditions by ticking the relevant boxes and given that, they are unable to provide me with a ''hard copy''

Thanks again

Hellsbells

by waylander62 Mon Nov 23, 2020 10:23 am

ok lets deal with it bit by bit.

i) re credit ref agencies that is the norm so forget about that
ii) ah so you were in a DMP !? who set this up and what was agreed at the time ?
iii) re the ICO, respond to their e mail stating they are dealing with it and inform them that you have received a further threat of court action and your request remains outstanding push them along.
iv) did they send you a copy of the terms and conditions that you 'agreed to' when you ticked the box ?
v) respond to them with the short letter i posted.

would still like to see the default notice if possible.

by Hellsbells6721 Mon Nov 23, 2020 12:20 pm

i've got to pop out for a bit, I will get back to you as soon as I get home.
Thanks

by Hellsbells6721 Tue Nov 24, 2020 10:23 am

Hi Waylander,
Sorry for the delay in replying.
The DMP was with Step Change.
I was not sent a copy of the terms and conditions, just a copy of the Digital Signature Application Details. On the headed letter, which is supposedly from Vanquis. On the letter, they say that I agreed to the Terms and Conditions by ticking the necessary boxes on the application form. They then refer me back to the application form, which in their words 'clearly states and I quote ''Please read the Summary Box, Full Terms and Conditions and Privacy Statement before applying''. All I can see on the application, where it says Terms and Conditions is a box with a code in it!
When I reply, should I tell them that I have written to the ICO/

Thank's again Waylander. I'm very grateful for your help.

Hellsbells

by waylander62 Tue Nov 24, 2020 11:13 am

then the CCA request is incomplete

send a SAR to step change if you dont have the details of the DMP yourself. there will be T & C's relating to the DMP what happened with the DMP ?

CHASE the ICO

no dont tell them anything, write the simple letter i posted, keep it simple they will understand it, whether they still issue a claim is unpredictable, but gather your info now this is of the utmost importance. GET the paperwork from vanquis OR get in writing it DOES NOT exist.

by Hellsbells6721 Wed Jan 13, 2021 12:51 pm

Hi Waylander62

I have done all the above and heard nothing until today when I received a court order. What happens next? I am going to extend the response time to 28 days but I cant really see anything working now.

Regards

Hellsbells6721

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