Re: Lowell : Letter of Claim received

by Hellsbells6721 Wed Sep 23, 2020 11:02 am

Yep, exactly.
Thanks both. You are worth your weight in gold.

by **Mrblue2015** Wed Sep 23, 2020 11:04 am

You will find also that Waylander62 is always one step ahead i.e. gets you prepared for the next (potential) stage, a great place to be...

by Hellsbells6721 Sat Oct 03, 2020 12:27 am

Hi Guy's

I received a reply from Lowell today. They informed me that they have requested a copy of the Default Notice which they will forward to me upon receipt. However, theyare satisfied that the other requests have been addressed previously and they will not be addressed any further!
As I stated previously, I have a notice of assignment which is headed Vanquis, but the address and telephone number are that of Lowell. Ihave not been given any names of individuals. Ihave not received the Deed of Assignment.
Action on the account has been suspended in the meantime.

Ihave not heard from Vanquis, as yet.

Regards

Hellsbells

by **Mrblue2015** Sat Oct 03, 2020 8:19 am

Hi Hellbells,

OK let’s see what they come up with. No need for you to write to them at this point.

Remind me, was this for a loan or credit card? Did the SAR from Vanquis produce a true copy of the credit agreement and did it include an explicit terms and conditions section?

(If they did) is this IDENTICAL to what Lowells have provided you?

So far the NoA sounds invalid. What exactly does it say against the debt type heading and is that correct?

by Hellsbells6721 Sat Oct 03, 2020 8:31 am

It was for a Vanquis credit card. I’m not at home until tomorrow to check properly but the loan agreement was just a digital copy, which is the same as what Lowell sent. Vanquis did not send a NoA or a DOA. The statements I received were not proper statements.

Thanks
Hellsbells

by **Mrblue2015** Sat Oct 03, 2020 8:36 am

So a loan and credit card?

by **Mrblue2015** Sat Oct 03, 2020 8:38 am

Also:

Without a default notice, they have no cause of action and you can prove it.

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

http://www.legislation.gov.uk/uksi/1983/1561/made/data.html

SCHEDULE 2

FORM OF DEFAULT NOTICE [in other words, issue a default notice] BEFORE A CREDITOR [e.g. Vanquis] OR OWNER [e.g. Lowells] CAN BECOME ENTITLED ... TO DEMAND EARLIER PAYMENT OF ANY SUM..

by Hellsbells6721 Sat Oct 03, 2020 8:49 am

Sorry Mrblue, I meant agreement, not loan agreement. It was a credit card

by **Mrblue2015** Sat Oct 03, 2020 10:44 am

Haha no problem, understood (credit card agreement) Smile

Now just wait until they write to you again and keep a track to how long they are taking (we gave them 40 days in total remember...)

It will be extremely unlikely that they produce a default notice...

Have a nice weekend!

by **Mrblue2015** Sat Oct 03, 2020 11:13 am

Hellsbells6721 wrote:However, theyare satisfied that the other requests have been addressed previously and they will not be addressed any further!

As and when you need to write to them again (first wait to hear from them) I suggest you draw their attention to the point above ie quote them on it again and then say ALL of the following in speech marks:

“I dispute the above statement you have made that you have previously addressed the requests I laid out in my letter dated <enter the date of your response to their letter of claim>. As such, I demand that, for each item listed below a) to e) you make it clear on what DATE and what DOCUMENTATION did you allegedly provide me with in order to lawfully evidence your claim to the alleged debt.

Please provide a response alongside a) to e) respectively, for the avoidance of any doubt:

a) Any Default Notice served
Answer (date / documentation):

b) Any Notice of Assignment served
Answer (date / documentation):

c) Any Statements of account showing how exactly the alleged sums have become due
Answer (date / documentation):

d) The Termination Notice
Answer (date / documentation):

e) The Sale Agreement / Deed of Assignment evidencing their clients title to bring a claim
Answer (date / documentation):

Also: on what date did you provide me with a true copy of the alleged credit card agreement coupled with the terms and conditions also required to lawfully evidence your claim.

Thank you”

by Hellsbells6721 Sat Oct 03, 2020 11:42 am

I certainly will. Thanks Mrblue. I also wrote to Vanquis on 23/09 telling them that they had not included a default notice in the SAR, but I haven’t heard anything yet!

by **Mrblue2015** Sat Oct 03, 2020 11:45 am

You’re welcome. Also, keep a track of how long they are taking (40 days max remember...) and when you write to Lowels, tell them “how many days they have left from 40” - turn the screw on them for a change!

by Hellsbells6721 Sat Oct 03, 2020 11:48 am

I’ve got all the dates and in the last letter I stated that they now had 31 days left of the 40 I originally quoted. They said in their letter that they have put my account on hold until they receive the default notice

by waylander62 Sat Oct 03, 2020 1:57 pm

Hellsbells6721 wrote:I certainly will. Thanks Mrblue. I also wrote to Vanquis on 23/09 telling them that they had not included a default notice in the SAR, but I haven’t heard anything yet!

the important one was to tell them they hadn't included a notice of assignment in your SAR !? did you do this ?

by Hellsbells6721 Sat Oct 03, 2020 2:42 pm

Yes . I posted it on the 23rd Sept

by waylander62 Mon Oct 05, 2020 11:28 pm

Hellsbells6721 wrote:Yes . I posted it on the 23rd Sept

did you give them 7 days to respond ?

by Hellsbells6721 Tue Oct 06, 2020 12:54 pm

Hi Waylander

Yes, I did give them 7 days and I've just written to them again to ask why they haven't responded.

Hellsbells

by waylander62 Tue Oct 06, 2020 1:54 pm

good thats the way

if they fail to respond to you in a further 7 working days then let us know and we can then send them a deposition letter as they are threatening you with the courts now, that will put the sh*ts up 'em

by **Mrblue2015** Tue Oct 06, 2020 3:25 pm

I once sent a SAR to an OC (Original Creditor) and the SAR produced NO default notices or NoAs. So if it turns out to be the same result for you (Hellsbells) that's also good!

by **Mrblue2015** Tue Oct 06, 2020 3:30 pm

waylander62 wrote:good thats the way

if they fail to respond to you in a further 7 working days then let us know and we can then send them a deposition letter as they are threatening you with the courts now, that will put the sh*ts up 'em

There looks to be bit of confusion here haha. The letter Hellsbells sent 23rd Sept is the letter to the original creditor (OC) asking about (potentially) missing SAR contents e.g. a default notice, NoA etc.

As such, it is not the OC threatening Hellsbells with the courts Smile

by waylander62 Tue Oct 06, 2020 3:51 pm

no but the assigned account is with the courts and if the OC cant produce a copy of any evidence that they assigned the account then.......

by **Mrblue2015** Tue Oct 06, 2020 4:07 pm

As far as I understood the 'journey' so far for Hellsbells, it's not with the courts yet as Lowells are still (bless them...) responding to the letter Hellsbells sent in response to the 'Letter of Claim' she received from Lowells.

But YES, totally! If Lowells do apply to the courts, then they are wasting their time w/o the right evidence ! haha

by Hellsbells6721 Tue Oct 06, 2020 6:56 pm

Oh, I really hope so. The last letter has given me hope because they have put everything on hold until they get the default notice!

Hellsbells

by Hellsbells6721 Tue Nov 03, 2020 10:16 am

Hi, guys,
Sorry for the long gap since I last wrote to you. truth is I actually heard nothing from Lowell or the OC, until today, when I received a very brief letter from Lowell Solicitors stating that their client is compiling a response to the points I raised in my Pre Action Protocol Reply Form. They are keeping my account on hold and will provide me with an update in due course.

When I last wrote to them asking for the required documents, I told them they had 31 days left to respond. it has taken them 38 days to respond as stated above. I have heard nothing from the OC after writing to them twice and giving them 7 days to respond.

I look forward to hearing from you.

Hellsbells

by waylander62 Tue Nov 03, 2020 10:54 am

This is not actually with the courts as yet but Lowell have opened the door to the courts by issuing a letter before claim which allows them to issue a claim whenever they feel ready to do so.

my guess is that Lowell and vanquis will be colluding to try and piece together some form of evidence to prove their claim.

perhaps open a complaint with the ICO about Vanquis not replying to your request, send a copy of both of your letters and also send a 3rd letter copying in the ICO. Tell the ICO when you raise the complaint that all you require if the documents are not available or dont exist that Vanquis inform you of this fact in writing that is all you ask.

by Sponsored content