Ex Nationwide... OK, I'll just wait and see what they do. Thanks

Hi Dx Yes, I followed all the advice. I've had a letter of claim I've posted before, and followed all the same advice from that thread. This one differs in that they have failed to supply the relevant documents as requested within the required time limits. It was a credit card debt. Ian

Hi Caggers Received a Letter of Claim re Robinson Way / Nationwide credit card debt. Have already sent defence as advised in various other threads here. Won't clog up thread with unnecessary details. However, 5+14+2 days are up as of today, and they have failed to send any docs as requested by SAR and CCA letters, simply stating today "we are currently in the process of retrieving these". As they have failed to respond in time, is this unenforceable? Is there a particular letter template to send? Thanks in advance Ian

Is there a particular letter I can send them to give them a bit of a shove?

We've been in our current house for a year, and I can't remember if it was done just before or just after we moved in, but within a month either way.

Hi We put in a claim for ppi with Nationwide (after going through the SAR process and many, many letters). They acknowledged the claim ages ago, but demanded we update the address and ID as we moved since the account was closed. We went into the bank and filled in the change of address forms. They told us the claim would be processed as soon as the change of address was done. Since then, we've heard nothing at all. No letters, no calls, nothing. Is there a "reminder" letter template to give them a kick up the rear?

Just waiting for replies to my new SARs to Vanquis and Lowell. Attached in a screenshot (info removed) showing my credit file with Lowell listed as the Lender. Each red dot is equal to £400. Vanquis isnt even listed anywhere on the credit file, either open or closed accounts.

I've already got the SARs from when I gathered docs for my claim. This was in court in January though, so I will have to dig them out of the filing cabinet and take a look through. Definitely want the compo - dont really care how much, just want them to be out of pocket. I've downloaded the complaint forms from the ICO website, they've said because I have supporting docs it would be better if I sent copies through the post with my complaint. Happy to do so as it forces them to write a response back to me. Too late to speak to the Court when I tried, so will do so again on monday. Thanks for your assistance. Ian

Original creditor was Vanquis. I'm self employed and have had several high-value tenders turned down in the last 6 months or so, but I cant prove thats because those people did a credit check (likely though, due to the industries involved). Feeling a tad stressed now you come to mention it. Headache too. Nothing at all to do with the primary school next door... I might have to lie down for a minute or two... Seriously though, I did have an application for a mortgage refused last year, (which I could easily afford to pay off in as little as 8 months). These defaults would not have helped that application at all.

Hello Caggers! Back in January I went to court against Lowells for a debt that didnt exist and won. I've just looked at my credit file for another reason and am astounded to see that Lowells are still registering defaults on this account - the most recent being updated last week. The Judge decided there was no case to answer and that the account had been closed satisfactorily in 2013 with a zero balance. Looking at the credit report, it clearly shows the account is considered active and Lowells have updated the default every month since August 2014 until last week. Is there anything I can make them pay for this? This account was found by the Judge to have never been in debt at any time (other than during the normal operation of the account). I never went near my credit limit and always paid in full, every month without fail. The account was paid off in August 2013 and closed the next day. He also found there was no legal basis for any collection activities to take place, including adding defaults. I did get a default notice last year, around the same time I got the N1 from the CCBC, but none at all this year. I really want to make Lowells pay for this. The judge dismissed all their claims and categorically stated I owed no money to any person or entity with regards to this account. They are ignoring this. There should be NO defaults registered against this account at all. What can I do? Ian

No, copy of letter from the credit card company verifying the application was electronic and all in order.

Yep. CCA, CPR AND SAR. They ignored all 3, but included the CPR in their defence packet.

I wanted to share my story with you all, hopefully you will find something useful here. Last week I went to court and had the case thrown out by the judge due to "fundamental errors in the claimants case". As I know Lowell's read this forum - and because I have another case pending against them - I am going to be vague in some respects, but hopefully there will be enough information to help someone out there win against them. Over 15 years ago I worked for a well known credit card company. Shortly after I left, I took out a card with them. The card was operated normally, payments were made every month and when I no longer needed it, I paid off the balance and closed the account. All good, no problems. I even remember when activating the card, reading back the customer service ops speech they have to read new cardholders. We both thought it was funny at the time that I remembered the entire speech word for word by memory. A few years go by and I receive a claim form from the County Court Business Centre on behalf of Lowell, claiming i owed a large amount of money on the card, the debt had been sold to them, they had sent all the required documents and notices and as I had not responded they had no option other than to issue proceedings against me. The only problem is, I had received no letters, no notices of assignment, no statements, no defaults, nothing. The first I heard of it was when the claim form landed on the doorstep. I immediately contested the claim and sent letters to Lowell demand they prove the debt. I sent several letters over a few months. Lowell ignored all of them. I included statutory fees where applicable and sent those letters record delivery. I gave Lowell's more than the required amount of time to respond, after which the debt becomes unenforceable anyway, but I was not interested in that. I wanted my day in court. I received their witness statement a few days before appearing in court. It contained one of the letters I wrote, some of the documents I requested and several others they were using to prove their case. Being in mind the amount of time passed since closing the account, I no longer had any statements. I didn't care. I literally walked into the judges chambers with a copy of the letters I had sent and a notepad, nothing else. No other documents, nothing at all to prove my case. Their solicitor walked in with their witness statement, a bundle of documents and enough details to bury me. I wasn't concerned at all. Because I was representing myself, the judge explained how the case was going to be handled, what I had to do, and that it was normal in his court for the claimant to offer their evidence first. I said I understood and sat in silence while the solicitor gave all the details about how I denied ever having a card, how I obviously was lying as the account statement clearly showed transactions in and out of the account. They showed copies of all the letters they said I was sent which would comply with their legal obligations and even said I was lying about working for the credit card company. They even produced a letter from the HR dept saying no one with my name or details had ever been employed by them. Back on their evidence, I was not only guilty, I was also guilty of contempt as I had sworn in my rebuttal statement that everything I was saying was true. I just sat and waited patiently for my turn. The judge allowed the solicitor to finish and then read from his notes to give a summary of the points they had raised. He asked if the summary he just read was an accurate representation of the facts just given and we both agreed. Then it was my turn. The first thing I said was that I never denied having the card. I actually had it with me and held it up saying "here it is". I then held up my company id badge which had their logo, an expiry date (long expired) and my photo on it. I explained that I was never employed by the company, but as is the case with most of their staff, I was an agency employee. The judge noticed I had no documents with me and asked me why. I said I had requested documents from the claimant which would be able to prove there was no debt to sell, but they had never replied to them. Their solicitor said no letters were received, despite one of them being included as evidence in their own witness statement, with the recorded delivery sticker on it. I told the judge I had operated the account normally, and requested he look at the claimants statement of account they included as evidence. This clearly showed things in my favour and he agreed. I apologized to the judge for not preparing any more than I had and said I was prepared to defend myself based solely on the documents offered as evidence against me by the claimant. He asked if I was sure and said he would be happy to adjourn. I said I was sure. I asked the judge to turn to the default statement supposedly sent to me and to look at the amount claimed on the default. I mentioned that it was a completely different amount to the amount claimed as due. I then asked the judge to turn to another default notice, again this had another completely different number on it. I asked the judge to add together the TOTAL amount spent on the card, ignoring any money paid back in repayments. That figure did not even come close to the amount claimed I owed. I then asked the judge to look at the amount claimed on the claim form. Every single number was different. Not just slightly different, not just a fat-finger typo, but vastly different. The judge demanded they explain how they calculated the amount they said I owed. They could not. I finally asked the judge to look at a certain date on the account statement used as evidence by the claimant. That clearly showed I made a full and final repayment, and that I had made no transactions after that. He accepted that was true and that I owed no money at all. Their solicitor just sat there squirming through the whole thing. The judge stated that as I had proved beyond a shadow of a doubt that I closed the account with a zero balance, and because of a series of fundamental errors with the claimants evidence, there was no case to answer and it was struck out in my favour. I am currently waiting for a letter from the court detailing the judgement so I can start getting defaults removed and make repairs to my credit files. Do not be afraid if you get court claims from them. Most of the time (based on my experiences and reading those of others here) their information is incorrect, incomplete or just plain made up. Fight it with the help of people here, and if it does get as far as a court room, you will more than likely win. I went in with no evidence other than what was provided against me, and still won. You will too.

Letter received from Lowell Solicitors today (scanner not working so I'll type it): Next was a photocopy of a non-headed paper letter from Vanquis about the assignment of the debt to Lowell Portfolio I Ltd with Lowells ref number. Finally a photocopy of a headed letter from Lowell introducing themselves as the fair and wonderful people they are. Whats the best course of action next? Regards Ian

Must have been after my time. I stopped working there in early 2005-ish

CCA and CPR letters sent yesterday. Whats ROP?

Name of the Claimant ? Lowell Portfolio I Ltd Date of issue 24 Aug 2017 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1)The Defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference XXX ('the Agreement') 2)The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant. 4)Despite repeated requests for payment, the sum of £400.85 remains due and outstanding. And the Claimant claims a)The said sum of £400.89 b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.088, but limited to one year, being £32.07 c) costs What is the value of the claim? £432.92 (£517.92 inc costs) Is the claim for - Credit Card When did you enter into the original agreement before or after 2007? After 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. Assigned 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? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? I did not. I paid on time, every time. When I wanted to close the account I requested a full and final balance - was told ZERO. Asked them to clarify and confirm, was told again ZERO. Asked them to close the account. Account closed there and then. What was the date of your last payment? Unknown at the moment, around 2014 Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO Hello I received the N1 in the post today, bit of a surprise as I had closed an account in good standing with ZERO balance. I used to work (many years ago) for Vanquis so I know how they operate. All telephone calls are recorded and every one held for 5 years. I had no reason to ask in writing for the account to be closed as it was in good standing. Always paid in full, on time. When I no longer needed the card, I made a payment and cleared the balance. I called in 24 hours later to confirm the balance was zero and asked very clearly if there was any outstanding amount showing. The customer service screens clearly show the balance, available balance and outstanding payments owed on your account. I was told there was zero balance and zero outstanding. I asked them to clarify and confirm (more for the recording than anything) and they confirmed again, zero balance, zero outstanding. I asked them to close the account and it was closed on that call. No letters from Vanquis after this regarding the account. Occasional letter asking if I wanted a credit card (still get them now) but they go straight in the bin. No letters from Lowell before the N1. I have filed my AoS with MC before filling out this thread. I am disputing the entire claim. Left juris box unticked. I am guessing a SAR to Lowell is next? Do I send one to Vanquis also, or is it Lowells responsibility as claimant? Anything else I should be doing at the same time? Regards Ian

Hi - Just a quick email with a final update (I hate it when people start threads and dont follow through!). I filed the claim defence on time and a few days later got a letter from the solicitors saying they were looking into the claims I made in defence and would get back to me shortly. About a week later I received a letter from them stating they were unable to produce any documents as required and as such, were cancelling any action and removing my wifes details and closing the case with no further action. We won!

Quick update - I received a letter from their solicitors a few days after I posted on to them, stating that my wife does owe the money, but offering no proof. They also said they would request the documents we needed and put a hold on the court action until it was received. They did not put a hold on the court action. This morning I contacted the court again to check and they confirmed the defence has to be received by today or a default judgement would be entered. I know I left it late, but I'm doing the moneyclaim defence online right now. Still no reply from Cabot at all. Nothing. I believe the solicitors lied so I would fail to file by today and they would automatically get a default judgement. If Cabot can prove there is money owed, and it has legally been assigned to them, I will happily pay it. We don't shirk our debts in this house. But being heavy handed like this, going straight to court before contacting us and lying in order to get a default is wholly unacceptable in my eyes.

Just a quick update to say I posted the letters yesterday morning recorded first class. I also submitted my AoS at the same time. I will make a further update as soon as I get a reply from either of them. Thanks for all your help so far, I really appreciate it.

OK, I will send off the CCA and CPR letters on monday now as the post office has closed. Is there anything else I can get prepared for Monday too? Ian

The solicitor is named as Mortimer Clarke Solicitors Ltd in Worthing. I'm a bit confused now. I've gone through my wifes bank statement looking for the date of last payment and it looks to me like the debt was transferred to Britannia Moorgate (the amount of £142 paid to egg stops and they take over the exact same amount the following and subsequent months). On 6th February 2012 a payment of £100 was taken by Moorgate Loans. Nothing after that. We didnt know this was taken until we checked just now. if I understand this right, this means its not statute barred? And if so, the CCA and CPR letters are useless? Sorry, I really dont understand... I've not sent them yet, just in case. I've just checked my wifes Noddle report and Cabot updated a default on 30-04-2017. The date given on the default is 19-03-2012. They've also spelled her middle name wrong which is annoying! Ironically, my wife works in the building next to Cabots and I drive past it when I occasionally drop her off. Now I know what they do there!

Thank you all for your help. I am printing the letters off now and will get them sent off in the next 30 mins. Luckily there is a post office here still open in the afternoons so I can get the postal order and recorded delivery sorted today. I will also get a copy of my wifes credit report to check the details on there too. I will keep this thread updated with my status. I really appreciate the help given already Wife is much happier now Ian Sorry for my ignorance, what's an IND debt?

Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 1 Jun 2017 What is the claim for – 1.By an agreement between IDEM Re Egg Banking Plc & the Defendant on or around 16/8/2005 ('the agreement') IDEM Re Egg Banking Plc agreed to loan the Defendant monies. 2. The Defendant did not pay the installments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1397.53 What is the value of the claim? 1547.53 (inc fees of 150) Is the claim for - personal loan When did you enter into the original agreement before or after 2007? before - around 2003-4 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. Cabot 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?No Why did you cease payments? Payments were being taken by direct debit, unaware payments had stopped, no notices received for lack of payment at any time What was the date of your last payment? Exact date unknown at present, sometime prior to 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No financial problems, no need to contact creditor, no need for debt management. They stopped taking payments and did not inform us we were behind Hello I received a county court claim form in the post today from Cabot. I will fill out the details I know you need in the next post. I'm doing this for my wife, who is in bits now because of this form. I'm trying to calm her down but he is scared witless. She did take out a loan over 10 years ago with Egg, but that was sold to another company when Egg got out of the personal loan business and I think we only had one more letter from them after that. This is the only one we've received since. Bank accounts and direct debits have not changed in over 20 years and she always pays her debts on time. I don't think she has ever missed a payment for anything. I work at home and as such, very rarely ever leave the house. No-one has come knocking at the door about this - or any other - debt in the 10 years I've lived here. Can someone lease assist me, I have no idea what I'm doing and we cannot afford solicitors. Thank you in advance Ian

Hi Just wanted to add my two pence worth here. I used to work next door to Cabot and their address is 1 Kings Hill Avenue, Kings Hill, Kent, ME19 4TA. I though it amusing at the time as they were trying to chase me for money I didnt owe. They kept telling me they would come to my place of work to get payment at the time... Ian