Thank you guys. They just messed around with the credit score a little by increasing the balance after years and then making it look like I've recently gone over credit limit. Part and parcel of a vindictive leech company like Lowell I suppose though! I'll buy you both a coffee once I get myself off prepay electric meter (another story that). Had shell turn up with warrant to fit smart meters that I'd always wanted anyway. No paperwork to show though so I told them fit the smarts while they were here but I wasn't acknowledge that it was under a warrant so they can't charge me for some court fees unless they have the warrant right. They haven't, but they put my electric on prepay for some reason over 400 debt but left the gas on credit... Thought it was the gas prices that went up?! the losers said they will put it back on credit once I'm under 200 debt on the meter so I'm trying to get that down asap so I can go back on direct debit. Funny thing was they mixed up the gas and electric reading off the old meters and tried to bill me 3800 for about 20000 units of electric that came off the 2nd hand gas meter they fitted and never checked in 5 years! That bill quickly got replaced with 400 loaded to the electric meter and they just left the gas on credit cos I owe nothing. Go figure. And sleep well knowing I've learnt some extra tips and will use this knowledge to help some other friends family and neighbours get away from these bloodsucker companies!! Big respect CAG

Nice. The letter received the case got transferred to the local court and 2 months later, letter received from overdales saying the client asked them to drop. What's position on the charges they have added? Court fee plus solicitor costs now showing on my credit file on the alleged balance. I realise the alleged debt will still exist, but they have the right to add the court and solicitor fees to it ?

Yeah ignore the bunch of idiots. What does a IP even prove except they kept accurate records at the time. I jumped on here cos my thread was locked over no posts for 240 days.... That's how long it took! Got my local court hearing followed by Overdales writing saying their client has discontinued the proceeding! They will never see you in court OP. Just jumped on to ask when they do this, its ok for them to add the court and solicitior fees to the balanace and have that on credit report? I'll post back on my thread when it gets reopened

Yeah, I see they are trying to pair it up with documents from the CPR (uploaded earlier). The number on bottom of that 'CCA' is what is in the box for terms and conditons on the other form. No IP address anywhere to be found. Overdale letter states find enclosed copy credit agreement and T&C. You've now been provided with all the documents to substantiate our client's claim and they trust after considering the same I now accept i'm liable. They are still prepared to enter into settlement negotiation for 2500 over 12 months by consent order. If settlement is not reached they will proceed to court hearing which will incur further costs and fees. Am I still best ignoring them and wait for court?

Oh whoops. I forgot about the reducer thing sorry! cca_compressed.pdf

Yeah I figured the agreement pages were rubbish. They haven't even come as a CCA return but part of the CPR. Lowell have ignored the CCA request it seems and just kept my postal order. Vanquis did the same years ago. I have proof of delivery and postal order receipt this time though! I mean they do mention other documents will be forwarded when they get them but i'm assuming that to be a scare tactic. Thanks for advice Court sorted. Apparently they are on a backlog and are opening post from 21st September just today so mine is a week still into that pile. She emailed me a blank and I returned it that way just to be safe.

Here dx. This all they sent apart from statement. When you say get n180 sorted shall, phone to court and check they received? 1.pdf

Another update guys. So I sent the DQ off last month but it's not showing received on MCOL yet so I will contact the court next week and make sure it's there or if they need another copy. In the meantime Overdales have replied to the CPR apologising for the delay as it takes time to get documents from original creditor. They have provided me with a Digital signature application instead of agreement. Just a form with a couple of boxes with my info and saying approved. Also a statement covering a couple of years that I didn't even ask for. Default notice and notice of assignment. They state once in receipt of remaining documents they will forward and as no response made to their without prejudice offers the client is willing to consider any reasonable proposals put forward. Also Lowell themselves haven't responded to the CCA at all are now well into default time of over 12 days. No idea if they have cashed the postal order or not but they haven't returned it to me either. They have however gone onto my credit report and added the extra debt from the court claim onto the balance and made it so the credit limit shows increased from zero upto a limit and then now shows overlimit. Does this all sound about right? Any next moves or should I just reply to Overdales stating they still haven't provided an agreement and Lowell are in default of CCA request and haven't returned the fee? Tia

OK received DQ today to be returned by 01/10. Also got 2 nearly identical letters from Overdales just worded slightly different. Both acknowledge receipt of CPR and say as per there previous letter they request CCA from Vanquis and will provide it when they get it. So for DQ what's the advice? Accept mediation and should I request hearing at my local court or via phone like they have done? Tia

Just to give you guys a quick update. Both the letters went off a week ago. Overdales in Bradford received and signed for the CPR the following day - haven't heard anything back yet. Lowell portfolio in Leeds must have a redirection on because they received and signed for the CCA just yesterday via HARROW post office. Still haven't received my DQ from the court either and looking on MCOL there's no change since I filed defence. Waiting game.......

But surely they were in default of the original request for a copy of the credit agreement so i shouldn't have court papers in the first place? Without the legal jargon it should be taken that a request of agreement with a £1 cheque be deemed as a request under S78 whether mentioned or not? You can't just sell the debt on and allow the next guy to take the fall?

Not sure on that one creditkarma shows more data like date of default I've also registered on Clearscore and it shows very similar but not date of default. On both mine it shows a very shady history like Lowell took over the debt but it doesn't show the previous good history just blanks for the years I paid. All seems very underhand and of course both those websites encourage taking on new agreements to boost score.

I was understanding that when I sent that request to vanquis years ago they should have ceased all activity on collection unless they proved the agreement first. Is that wrong? Probably should have done it all recorded delivery but the burden is so much on us. Had no idea they could just ignore it, sell the debt and palm it off on some some other company to pursue years later! The whole credit thing is a joke it tells me on creditkarma now that I need to take out a card to improve my rating . I don't think so that's exactly how vanquis did me over 4 years ago.

Yes thanks to you and Andy i'm upto speed and less stressed. Is there anything I can do about the weak defence I stupidly put in so fast? If I knew what I knew now i'd have said that Vanquis didn't supply the CCA so the debt was unenforceable from that point and asked them to stop proceedings. When I said I never had chance to ask for the CCA I meant asking Lowell because I had no idea they had brought the debt. Looking at the credit report it looks like they had it for years and Vanquis were probably already in the process of selling it when I put in my CCA to them they seem to have ignored it because they were already washing hands of it.

Thanks for the help. I've done the template CCA request under S78 as it's a credit card and thats on it's way to Lowells 1st class recorded. I've also done the template CPR request and sent by same to Overdales. I had to change the part where I haven't filed a defence yet because I have. But I checked the court claim online and nothing happened yet so I left in the part about it not yet being assigned to a track so will that be ok? I also mentioned that I had asked Vanquis for the CCA some years ago but the request was ignored. They will probably say they never received it or can I prove a cheque was paid in or whatever which I can't but the main thing is it's off now recorded. I suppose I just wait for my DQ to come from the court and any responses to come in from Lowell/Overdales and there's nothing else to do for now.

dx100uk when I say prove it letter I meant a letter asking for a copy of the credit agreement with a £1 cheque. I never got a template or anything to do it i'd just read somewhere they had to stop chasing unless they could provide it. They never did but i've checked with bank this morning and the cheque was never cashed either. I'll do the proper template with a postal order to Lowell this time so I don't have to sign a cheque and recorded deliver it. Andyorch i've no idea yet. I received Lowells DQ but haven't got my copy from the court yet.

Cheers dx100uk i'll do the CCA (again) but who to send it to now? All through the solicitors I suppose. The CPR I will look straight into thanks

Yeah I realise I probably put in a poor defence but this came as a suprise to me anyway. I looked on moneyclaim and I cannot add anything to defence now. So do I wait out this telephone hearing and dispute then on what?

Yeah I probably messed up. I read stuff years ago about sending prove it letters but it's as far as I ever really got. Had no idea they can just sell a debt and someone else can come back years later with a CCJ without proof hoping to take a 3000 judgement on a debt they probably paid 300 for. Annoying.

My defence was posted at the bottom of the other post. My defence was simply I have not received any papers relating to this claim from Lowell until this claim form. I have not had chance to contact them to request a copy of the credit agreement and would like to do. I haven't received my copy of the DQ yet? I've received Lowells copy only as per the OP missing boxes and they want mediation or a settlement.

Particulars of Claim What is the claim for – the reason they have issued the claim? The claim is for the sum of 2660 due by the defendant under an agreement regulated by the CCA74 for a vanquis account with and an account number zzzzz. The defendant failed to maintain contractial agreement and a default notice was served under s.87(1) of CCA74 which has not been complied with. Debt was legally assigned to claiment 09/19 notice of which has been given to the defendant. The claim includes statutory interest under S69 of CCA84 at a rate of 8% per annum blah blah. What is the total value of the claim? 3070 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Vanquis credit card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Lowell shows a debt shows but not matching any date they say the claim relates to Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I couldn't afford the minimum payment due to family circumstances. They would just add charges and interest on and wind me up by phone every couple of days. What was the date of your last payment? Lowell say 02/2017 but i'm unsure Was there a dispute with the original creditor that remains unresolved? I did send prove it letter to Vanquis years ago and they went away. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? They never asked just rang every few days and asked for payments and more payments. My defence was simply I have not received any papers relating to this claim from Lowell until this claim form. I have not had chance to contact them to request a copy of the credit agreement and would like to do.

Good evening ladies and gents, I am stumped by a sudden Northhampton CCJ claim from Lowell over a Vanquis credit card from over 4 years ago. I've probably done myself no favours either by not researching a lot before responding to court papers! I received a court N1SDT claiming a debt to Vanquis but was legally assigned to Lowell portfolio I Ltd in 2019. This was the first i've heard from Lowell or Overdale solicitors representing them. I did a bit of research and realised there was some documents I should have received prior to a CCJ request and also that they haven't provided anything in the way of proof that I owe a debt. i've already legitimately responded to the court papers saying I dispute the claim as it's the first i've heard from Lowell until the claim form and that I have not had a chance to request a copy of the credit agreement and would like to do so. I'm pretty sure it's the same Vanquis card where I sent them a prove it letter years ago and they disappeared. They have responded a "without prejudice save as to costs" letter saying they receive a copy of my defence where I am disputing the claim on the grounds of not receiving any paperwork in respect of the claim and not had opportunity to request a copy of the credit agreement. They then list a date of 05/2015 on or around account opening (inaccurate). Last payment in 02/2017 (inaccurate) and have requested documents from the original creditor and will forward them to me. I checked my credit report I see a Lowell debt with a default date 05/2018 nothing from Vanquis? Surely they wouldn't take 15 months to default a credit card? They have however been advised by Lowell to continue the court action and receive directions questionnaire which I have received today. its a letter and a form saying they have agreed to mediation and would I like to settle direct they invite me to put forward a sensible offer. The form doesn't even have the box ticked they want mediation. It doesn't tick yes or no to the small claims track. It simply says they request the venue of the hearing to me a telephone one which they will endeavour to arrange. The rest is blank/empty boxes. What is my next best move? I don't think I kept a copy of the original prove it letter I sent to Vanquis nor can I find record they cashed my £1 cheque. I do remember telling them to delete my phone number from the records due to the sheer amount of phone calls they were bombarding me with. It seems like they complied and sold the debt to Lowell without informing me of anything. TIA for help