lowells/? Claimform - Vanquis 'debt'

[dx100uk]

urm...

just thinking about this

you've got £1400 owing...

might be better to lie low

 

the charges would come off the OD bal anyhow.

 

dx

[pete_2000_2002]

How long should i give it if i am going to lay low for a while with them?

[dx100uk]

until / unless they find the CCA or issue a court claim.

 

dx

[pete_2000_2002]

They said vanqius didnt have it so i guess that will be never?

[dx100uk]

how did you apply for the card

 

your CRA file will tell you who owns it and when you took the card out?

 

dx

[pete_2000_2002]

I have had another response from lowlifes regarding the agreement will try and scan today.

[pete_2000_2002]

I couldnt get the scanner to work so i will have to type the letter.

 

"Dear ........

 

We are in receipt of your recent request for a copy of your agreement.

 

Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them,

which they confirm you would have signed prior to the granting of credit to you.

 

Under section 77/78 of the Consumer Credit Act of 1974, we are not obliged to send you an exact copy of your signed agreement.

 

We are permitted by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed.

 

We would also confirm the following information as required by the above Act:

 

Balance payable against your account: £1420.01

 

Current state of your account: Defaulted

 

As we have now fully satisfied our obligations required following your request under section 77/78 of the Consumer Credit Act 1974,

we look forward to receiving your proposals for settlement of the account within the next seven days once you have had the opportunity of considering your position.

 

Please note that in the absence of your reasonable proposals being received within the time stated above

we shall have no alternative that to continue with our collections activity to recover the debt due.

 

Yours........"

 

Yes they have attached a reconstituted agreement were someone has written my name and address at the top

(they have left the other boxes blank)

but from the CCA request and the account in dispute letter I previously sent them,

surely they should have sent me a TRUE SIGNED COPY of the ORIGINAL CCA.

 

What is my next move now?

 

Do I write back to them saying you are having a laugh?

 

Surely this is a failed lawful request to provide correct documentation as my signature is NO WHERE TO BE FOUND?

[dx100uk]

you need to know when exactlt it was taken out.

 

look at you CRA file.

 

www.noddle.co.uk.

 

exact date

default date

owner.

 

dx

[pete_2000_2002]

OK i have the dates:

date opened 28/03/2007

default date 31/10/2011

owner Lowells

[dx100uk]

lucky boy...

 

as its early 2007 they'll need the signed CCA

 

to try court.

 

the charges migt be worth about £600 with int at their rate

 

and theres no cca , as such.

 

what poss might be a swinger here is your OLD charges reclaim.

 

sounds like you should have gotten int at THEIR RATE not just 8%

 

that should bump things up

 

did you do a spready all those years ago

or just took their woed for it? [ the figure back]

 

 

on the cca i'd sent the failure to comply letter to lowlife

 

dx

[pete_2000_2002]

I am pretty sure I took the offer from vanquis as i had prepared a letter to them and it might have been more. I will look at previous statements to check.

 

When should I start calculating the interest from? And I will find the failure to comply letter and send it Monday.

[dx100uk]

re input ALL of your charges into this:

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

use THEIR int rate

 

take off from the total what they repaid you last time.

 

dx

[pete_2000_2002]

Their interest rate will be 19% or 29% etc that should be on the SAR documents somewhere that vanquis sent me I take it.

 

So do I need to SAR lowlifes for these additional charges? I will have the old SAR info from vanquis but there would have been more charges from vanquis since they repaid.

 

I have sent lowlifes the failure to comply letter, should I resend it to them?

Edited October 28, 2012 by pete_2000_2002

[dx100uk]

sar always to the OC if you've not got the statements.

 

i doubt lowlife have levied PENALTY charges

 

dx

[mikeymack2002]

If the account is still in dispute its illagal to sell on I believe? yes/no?

[dx100uk]

reportedly but not often worried about

 

dx

[pete_2000_2002]

Letter from lowlifes recieved today after I sent them failure to comply letter.

 

"We have ordered statements on your account.

 

As we have requested these from vanquis, it may take some time for them to be returned to us. During this time your account has been placed on hold.

 

In the meantime, there is no need to contact us again regarding this matter, however, should you wish to speak to someone in our customer service team please do not hesitate to call..............

 

blah blah blah.

 

So now I wait for these muppets to find an cca that they have no record of.

 

Should I sar vanquis now and total up charges etc?

[pete_2000_2002]

Another letter from lowells, dated the 23 November 2012 and I received it today???

 

Here's what they say this time, I assume this is their reply to my failure to comply letter to them...........

"We write in respect of the above debt, which, as previously notified in writing we have purchased from vanquis.

 

We are now entitled to receive payment of the balance of £1420.01 from you and enclose a copy of your statement as requested. Neither vanquis nor ourselves are aware of any reasons for non-payment.

 

We would advise that after vanquis removed the account from their systems, interest or charges were applied to the account which will not be shown on the enclosed statement. We have confirmed with the original creditor that the outstanding balance is correct after these have been added to the account.

 

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice."

 

So they still havent provided a copy of a signed agreement as pointed out in the last failure to comply letter to them. All they have enclosed, this time, is a statement they have obtained from vanquis.

 

Could anyone advise me of my next move now please. I havent SAR(red) vanquis yet, as I havent got the cash to do so.

[dx100uk]

nothing they can do

 

if you want to resent the failue letter

 

then do so

 

dx

[pete_2000_2002]

Thats twice i would have sent it to the dozy ****s already. Although thinking about it I dont mind sending it a third time.

[dx100uk]

prob not then.

 

i bet your charges total almost kills the debt

 

vanquis have sold it for a reason.

 

you say you've got the statements from birth via the earlier SAR

 

what about those since then to date?

 

dx

[pete_2000_2002]

No I havent got the "newer" statements.

[dx100uk]

by law your should get one every years

 

sar again

 

dx

[pete_2000_2002]

Will do, thanks dx.

[pete_2000_2002]

Lowlifes have passed this onto red now. I thought that this was still under dispute as lowlifes never sent a true signed copy of the agreement. red have sent the usual letters and today i got a "we are passing this onto hamptons legal, blah blah blah". Do I cca red now please and do i need to do anything else?