Re: Lowell : Letter of Claim received

by Hellsbells6721 Tue Sep 15, 2020 11:08 am

Definitely, I'm about to get it all done.

Thanks, Mrblue

by waylander62 Fri Sep 18, 2020 11:22 pm

Hellsbells6721 wrote:Hi Waylander62

I did respond to your previous message but something must have gone wrong. I'll try again.
The SAR did not contain a Default notice or terms and conditions, there was just a digital copy of the agreement and some statement information.
Vanquis did send a copy of the Notice of Assignment, back in 2016.

I am now about to send letters a and b, above as advised by Mrblue. I do need a little help here though. When I write the headed letter, should it just be my name and address, and when filling in the form, how do I write in italics? Sorry if that's a stupid question!

Many thanks
Hellsbells6721

ok so no default notice sent by vanquis at any time !!?? not very helpful for any claimant there then.

NO VANQUIS DID NOT send you a notice of assignment back in 2016 !! this is the deception, if they did then it would have appeared in their SAR.

respond to the letter before action as a matter of urgency, then write to vanquis using the letter which accompanied your SAR information ( for the address and contact name ) and politely inform them that that they must have overlooked sending you a copy of the notice of assignment as your SAR information did not contain a copy. Give them 7 days to respond. I have had experience with vanquis, should be an interesting reply or silence.

by Hellsbells6721 Mon Sep 21, 2020 2:07 pm

Hi Waylander62.

Thanks for your help. I responded to the LBC last week. I've been working away over the weekend, hence the delay in my response. I will get a letter off to Vanquis immediately.
Is it just an NOA I ask for? Do I need a Certified Copy of the Deed of Assignment too

Thanks Hellsbells6721

by waylander62 Mon Sep 21, 2020 2:15 pm

you could request a copy of the deed of assignment also no need to include the word 'certified'

i have never know an OC to provide any form of deed of assignment but hey, there could be a first time.

keep it very very simple a simple request.

by Hellsbells6721 Mon Sep 21, 2020 2:32 pm

Thanks, Waylander62, I'll keep you updated.

by **Mrblue2015** Mon Sep 21, 2020 3:11 pm

A SAR (Subject Access Request) helps you fight a debt as follows.

As per the 3 letter template process you followed, you will see that we ask for specific documents (and true copies of these...) to EVIDENCE any alleged debt.

A SAR to the OC (Original Creditor) will provide evidence of any alleged debt (credit agreements, default notices, Notice of Assignments, bank / CC / loan statements etc).

If you receive any documents from a debt purchaser that they are relying up on to evidence the alleged debt, you can then (once you receive the SAR) compare what the debt purchaser has sent you with the REAL evidence you have from the SAR. If you see any contradictions etc, then that tells you the debt purchaser has NOT, in fact, evidenced an alleged debt...!

Hope that makes sense

SAR Template:
(Address to the Legal Dept of the OC)

Dear Sir/Madam,

This is a data subject access data request as per the Data Protection Act, the EU GDPR and The Freedom of Information Act 2000.

Please supply any and all of the information that <bank / CC provider> holds on me:

Name:
DOB:
Address:

May I remind you that you are required to reply in full and within one calendar month.

by Hellsbells6721 Tue Sep 22, 2020 11:00 am

Hi Mrblue and Waylander62

I have received a response today from Lowell solicitors to confirm that they received my response to the Pre- Action Protocol letter dated 03/09/2020. I assume they mean the Letter of Claim, which was actually dated 04/09/2020.

In their response they state:-

'Upon review of your account we can see that you ( I think they mean we)havepreviously provided you with a copy of the Agreement and Statement as requested to evidence liability for the outstanding balance, with our letters dated 24 February and 3 March 2020 confirming this. As such we will not be providing further copies of these documents, nor will we be responding to correspondence of a simolar nature further'.

They then advise me to seek independent legal advice and informed me that they have suspended all activity on my account for 30 days from the date of the letter, which is 16/09/2020 (almost a week ago!!!), and they will not be delaying my account further. If I dont respond within the 30 days, a County Court Claim form may be issued against me, incurring additional costs.

How should I respond to this,if at all?

Many thanks

Hellsbells6721

by **Mrblue2015** Tue Sep 22, 2020 4:49 pm

A predictable response (in your favour...)

Notice how often they use the word “may”... Scare tactics. The ball is firmly in THEIR court and they have a long way to go ie they have no choice but to provide you with the other items you have requested.

So... it’s as simple as telling them they have not provided all of the items requested for and should they go ahead with a court claim, you shall simply inform the court they have beached the PDPAC for failing to meet your very reasonable request kindly allowing them a final opportunity - and with whatever is left from 40 days - to provide the requested for items. End of!

by **Mrblue2015** Tue Sep 22, 2020 4:51 pm

(And I would send the above points to them via a letter with a week to go before THEIR time is up. By recorded delivery of course.)

by Hellsbells6721 Tue Sep 22, 2020 5:41 pm

Mrblue,
Oh, you are naughty, but I like it, lol! I will certainly do that. I have also written to Vanquis informing them that they did not include the Notice of Assignment withe the SAR documents they sent me.

The only concern I have is that they seem very confident that they sent me all the required documents. The NOA I received back in 2016 was headed Vanquis, but the phone number and address were that of Lowel! Also, they only sent a digital copy of the agreement, and none of the other items requested.

Thanks again

Hellsbells6721

by **Mrblue2015** Tue Sep 22, 2020 5:53 pm

Haha well it’s the only way to deal with these scum bags.

And no default notice of course, which is very important...

Also you need to add following point (apologies, forgot to add):

I shall also demand that the court stay the claim and stay proceedings given your failure to meet the obligatory PDPAC.

by Hellsbells6721 Tue Sep 22, 2020 5:55 pm

Will do. May I ask what a PDPAC is?

by **Mrblue2015** Tue Sep 22, 2020 6:02 pm

Sure:

Practice Direction Pre Action Conduct and Protocols.

Sorry, I was implying you use the full wording - not to actually quote “PDPAC“ Smile

by Hellsbells6721 Tue Sep 22, 2020 6:32 pm

Thanks

by waylander62 Tue Sep 22, 2020 9:26 pm

i have had a quick read through the whole thread and one or 2 things need clarifying.

at the beginning you mention a default date of dec 2014, was this a default notice sent to you or just an entry on your credit file two very different things.

i also saw that you mentioned making payments AFTER the default date is this true ? would change things a little

continue as you are but from their latest letter it appears Lowell Solicitors fully intend to take you to court in 30 days, have they fulfilled your request for documents sent using the pre action forms ?

have you checked the amount outstanding when you defaulted in 2014 against the amount outstanding when the account was assigned and again against the amount lowell state you now owe do they differ at all ?

by Hellsbells6721 Tue Sep 22, 2020 9:36 pm

The default date is that on my credit file. I’ve never had a default notice from Lowell or the OC. I was in a debt management plan and made payments until July 2015, I believe. I’ll check that though.
In today’s letter they state that the have sent me all the relevant documents and do not intend to send any others.
I’m pretty sure that the amounts outstanding have remained the same throughout.
From what you say they will likely take me to court so what should I do now?

Regards

Hellsbells6721

by waylander62 Tue Sep 22, 2020 11:37 pm

they believe that they have provided all documents required

what did you request that they have not yet provided ?

this will not be statute barred until well into next year if you made payments after default and they likely know this, do you have details of the DMP ? can you send a SAR to the DMP company ?

if they issue a claim then you can defend it, you should still lean on vanquis and get them squirming.

by Hellsbells6721 Wed Sep 23, 2020 10:06 am

Hi,
The requests I made were as stated in the template letters, i.e,
1. True and certified copies of the Deed of Assignment( not NOA) and Deed of Novation.

2. The name of the individual who is the duly authorised representative from their company, who has seen the Original Note and is certifying these assignments as certified copies and that their company now has the Original Note ( Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to their purchasing the account.

3. To confirm the name of the individual who is the duly authorised representative from their company who has carried out due diligence under the Money Laundering Regulations 2007 and what actions he/she has taken in relation to this account.

I sent a letter to Vanquis yesterday, requesting they send me the NOA as it was not included in the SAR documents they sent me.

Regards

Hellsbells

by **Mrblue2015** Wed Sep 23, 2020 10:09 am

Just to be clear and as per my 17:44 10th Sept post, did you also ask for the following as I instructed?

a) Any Default Notice served
b) Any Notice of Assignment served
c) Any Statements of account showing how exactly the alleged sums have become due
d) The Termination Notice
e) The Sale Agreement / Deed of Assignment evidencing their clients title to bring a claim”

by Hellsbells6721 Wed Sep 23, 2020 10:19 am

I have asked for all of those but their response was that they have provided me with a copy of the Agreement and Statement, as requested, and they will not be providing further copies. They do not mention the fact that they've not sent any of the other documents/ information I requested

by **Mrblue2015** Wed Sep 23, 2020 10:29 am

Thanks for confirming (your 10:06 response to Waylander didn't include that list, which threw me!)

by Hellsbells6721 Wed Sep 23, 2020 10:31 am

They were included in the last letter I sent with letters a) and b) and that was their response.

Thanks

by waylander62 Wed Sep 23, 2020 10:46 am

then i would reply to their letter

i) acknowledge their letter

ii) point out what they have NOT provided and ask them to explain why they believe they do not have to provide this documentation

iii) tell them should a claim be issued in 30 days it will be rigorously defended and the court will be made aware that they have not complied with your pre action requests and that they remain in breach.

you could also add that the copy of the agreement they have provided is not compliant with the CCA 1974 and that you require a compliant agreement, to this end they have not fulfilled your official CCA request.

this will prompt an interesting reply.

keep on top of vanquis.

by Hellsbells6721 Wed Sep 23, 2020 10:48 am

Will do that right now.

Thanks

by **Mrblue2015** Wed Sep 23, 2020 10:56 am

Totally agree with Waylander62 (TOP bloke btw!) which is pretty much what I asked you (Hellsbells) to do a few posts back Smile

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