Carter/Lowell CCJ Threat vanquis card - advice on what to do first

[Bazooka Boo]

Removed.

[Morr]

Today is the 13th...the day our old mate BC says he will proceed with court papers. I feel so anxious, will be watching the letterbox for the next few days.

 

Still no word from lowells about my CCA request, however their 2 x daily phone calls have stopped since last week....

 

Will keep you informed if I get the papers and see where we go from there. Or alternatively, see what I do if lowells don't keep to their 12+2 days as per the CCA request. Thanks for all your help so far everyone. I definitely have been sleeping easier this week knowing that you guys have guided and supported me, it's a great site!

[Bazooka Boo]

I was going to say 'If'' but it is WHEN Lowlifes fail to respond within the time limit you can send them this http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

 

Nothing to feel anxious about, BC is a very timid little boy, his bark is definitely worse than his bite, the first sign of a defence and he is off.

[Morr]

Hi All,

 

despite sending the prove it stuff, all went quiet from Lowell and BC (BC wrote saying the account was on hold till 7th Feb

while they looked into it but then heard nothing).

 

However yesterday I received a letter from BC just simply saying, please can you contact us about this account as soon as possible.

 

I'm not sure what to do now? Lowell have failed to send me the CCA I requested on 28th January.....

 

Thank you!

[Bazooka Boo]

BC can get a simple ''account in dispute'' letter, and Lowlifes need to be sent the ''failed'' letter.

 

Lowlifes= http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

 

BC= http://www.consumeractiongroup.co.uk/forum/showthread.php?387485-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

[Morr]

Thanks Bazooka, I've just written the letters now. Should I send a copy of each letter to the others too? I.e Send BC a copy of the letter I've sent to Lowell and Vice Versa?

 

What happens if they do provide the CCA? Even though it is after the 12+2, is it still enforcable?

 

Thank you for your help!

[AndyOrch]

" What happens if they do provide the CCA? Even though it is after the 12+2, is it still enforcable? "

 

Yes if what they have disclosed is valid....you should never chase a CCA request once its been made.

 

Andy

[Morr]

Argh, so Andy do you think I am wrong to have sent the letters above? I've just been to the post office.........

[AndyOrch]

There are no rights and wrongs...but do you really want to pressure them into finding it?

 

You cant put an account into dispute once litigation has commenced.

 

Thats why you never chase it.

[Morr]

Darn it! I've sent it now. I would have been happy to leave it whilst I was hearing nothing, but the dreaded cream envelope from Bryan Carter makes me nervous. I will keep my fingers crossed for good news then.... Thanks Andy!

[AndyOrch]

Anything from him would make me laugh:roll:

 

Not too worry...worse things happen at sea.

[Morr]

Just to update,

 

I received another letter from Lowells saying they are still looking into my case,

and it is taking longer than they thought, and since it has been over 8 weeks they included a FOS leaflet in case I want to contact them.

 

So does this mean they can't find documentation?

 

Every day the post comes I get a little nervous!

[dx100uk]

should be the otherway around

 

you should be getting less nervous

 

this has been going on for months

no cca = no pay.

 

all simple willy waving.

 

 

have you sent a SAR to the OC?

 

you might have stuff to reclaim

 

dx

[Morr]

Hi Everyone,

 

 

I received a letter from Lowells yesterday (they sent it signed for too!).

This is a reply to my letter sent 4th june.

 

 

don't believe they breached the OFT collection guidelines (about Bryan Carter chasing me).

say that the account was opened online so there is no signed cca and

i would have been expected to click a terms and conditions box online.

 

 

sent a document which they say is sufficient as proof of the account.

This looks just like a basic spreadsheet they have knocked up.

also included a copy of some T&C's.

 

 

The letter also goes on to say that even though they didn't get me the paperwork within 12 days,

it is still enforceable because they have now provided it.

They will now resume collection activity in 30 days.

 

So, my questions are

1) What do I do now?!

2) is this spreadsheet 'really' proof that I ticked a terms and conditions box? it doesn't look very convincing

3) is the legislation about the time limit correct and is the debt still enforceable even though it took them 4 months to come back to me?

4) once the 30 days are up, is it likely that Bryan Carter will just go straight in for a court summons?

 

Thanks everyone! keen to get writing to them this week so I don't get back into the 30 days loop.

[AndyOrch]

Refer you to my post #26.

 

Andy

[Morr]

Hi Andy, you are so brave!

 

 

So you suggest just wait and see if I hear from them?

 

 

IF i do wait and then get a letter to them again,

will I then be able to put the account into dispute (so they stop collection activity)

or do i have to do that again before the 30 days are up?

 

 

My personal preference would be to get things resolved now, a

 

 

s I hate stressing every day waiting to see what comes in the post,

know what i mean?

[Bazooka Boo]

When did you take this account out? What year? And how?

 

The time limits simply mean that whilst they are still in default of sending you the docs you requested

they are not able to proceed with any legal action.

 

SO they have sent you what they claim is the CCA you agreed to, only you will know how you took this agreement out and whether you ticked a box or not.

 

Try not to second guess what BC may or may not do, he doesn't even know himself! Like I said, once you show him your not just going

to roll over and blindly accept what he says then he is usually the one running scared and scurries off.

[Morr]

Hello, The date on their records is March 2007, and this is the same date that is on my noddle report. I have no idea how this account would have been opened....

 

Some additional points I have just remembered;

 

1) I sent them a CCA request in 2010 and sent the £1 fee.

I never heard back and they never ceased collection activity then.

 

 

I know they received it as they cashed the £1 fee against my account.

My noddle report has the figure the account was opened with and it is £1 more than it is now,

so I assume they banked the CCA £1 toward the debt.

This might all be a bit too long ago to complain about though.

I only have a copy of the letter I sent them.

 

2) They say they ceased collection activity on 30th Jan 2014 while they investigated,

but this isn't true, as I was sent a letter from Bryan Carter on 28th march 2014.

So if they ceased activity, why was he contacting me?!

[AndyOrch]

Hi Andy, you are so brave! So you suggest just wait and see if I hear from them? IF i do wait and then get a letter to them again, will I then be able to put the account into dispute (so they stop collection activity) or do i have to do that again before the 30 days are up? My personal preference would be to get things resolved now, as I hate stressing every day waiting to see what comes in the post, know what i mean?

 

The only stress is of your own making...you have made your position clear...you either pay or you ignore...the more you letter write the more the stressful responses continue and so you go round in circles.

[Morr]

I know Andy, born worrier! All this mess is my own making so guess I have to ride the stress out!

 

Something else that has occurred to me

- On this proof page that they have sent to me, it has my address,

and it has the box saying 'time at the address' which i have put in as 9 months.

But then there is just blank boxes under previous address, apart from postcode.

Surely this company wouldn't have granted me credit if I didn't put full details of my previous address?

 

It also has details of my employers, but under time at employers it says 0 years and 0 months.

 

It also asks for my email address and the box says (if supplied).

i have put my email address, but surely if i applied online I would have to give an email address,

surely it would be a compulsary box rather than an option for them to email a response to?

 

 

I'm not sure to be honest that I even had a computer, let alone internet at that time,

so I'm unsure how i could have applied online?!

[Bazooka Boo]

Collection activity comes in many forms and it certainly doesn't apply to DCA's, what they say and do are two completely separate things.

 

The date on your credit file is this the date of default?

 

You do need to raise a formal complaint to whoever you sent the CCA request to originally and demand the return of the payment.

As what they have done is tantamount to fraud, although this can be successfully argued at a later date 'IF' it ever got in front of a Judge.

 

What they have done ''AGAIN!'' is used the fee to reset the limitation period, so you should also make a formal complaint to the FCA about their attempted fraud.

[Morr]

Do you think I should SAR Vanquis?

[dx100uk]

yes

then sit on your hands!

 

 

dx

[Morr]

Hi All,

 

yesterday I received the letter from lowells saying they were chasing me again for this debt.

 

 

I'm surprised actually as I expected their first point of action to be to set Bryan Carter straight back onto me.

 

 

what should I do now I have received this letter?!

Do I start the whole process again?

 

I actually disagree with lowells findings about my complaint

 

 

(if you read above

1. they never responded to a CCA in 2010, and

2. Most importantly, in their letter they said they had ceased activity while they investigated my complaint in line with the OFT rules,

but this is untrue as I was sent a letter by Bryan Carter while Lowell were investigating my complaint,

I have a copy of the letter).

 

 

DX told me to sit on my hands though,

I haven't responded to lowells yet since their last letter.

What should I do now?!

Thanks all!

[AndyOrch]

Carry on sitting on your hands...they will tire:-D