Hamptons Legal / Lowell old vanquis card debt

[hyperjase]

My partner received a letter asking for over £350 - she wrote back on 31st May 2014 with an offer, to which they never replied.

 

Shall we ignore this until they reply?

 

I've prepared a standard letter requesting a true copy of the credit agreement, will send that tomorrow with £1 and sending it recorded to ensure it's signed for.

 

In the meantime, should she just wait?

[BankFodder]

Yes.

[Stigman]

Hi,

 

What is the debt in relation to? Credit Card / Loan?

 

When was the last payment made?

 

Is this listed on your Partners Credit file?

 

If a Credit Agreement, any Charges or PPI to claim back?

 

Please note that the written offer now resets any statute clock re-ticking for another six years (five years in Scotland) unless the debt has already gone for the full statute barred period before hand.

 

Stigman

[hyperjase]

It's an old Vanquis card, Lowell wrote first then their "in-house" solicitors Hamptons Legal (I watched a documentary on how DCA's operate and know this is common practice).

 

What does statue clock re-ticking mean? Not come across that before.

 

Many thanks.

[silverfox1961]

It's an old Vanquis card, Lowell wrote first then their "in-house" solicitors Hamptons Legal (I watched a documentary on how DCA's operate and know this is common practice).

 

What does statue clock re-ticking mean? Not come across that before.

 

Many thanks.

 

How old a Vanquis card?

 

With the SB clock, if you make an offer in writing or acknowledge the debt in a period of six years (or 5 in Scotland) this resets the clock to zero in which they can chase for a further 6 (or 5) years however, if the 6 year period has already expired when you made the acknowledgement then you could shout it from the rooftops and the would be nothing they could do.

[Stigman]

What does statue clock re-ticking mean? Not come across that before.

 

Statute Barred means that if no payment or written acknowledgement within six years (five years in Scotland), then the debt is unenforceable to collect.

 

By writing & offering a payment, you have therefore re-started the statute clock again and unless already statute barred, Lowell's now have another 6 years of chasing this debt.

 

Stigman

[hyperjase]

Ah, thanks - I'll be more aware next time.

 

I'll send the letter requesting the credit agreement and see what, if anything, they send back.

 

If they still don't respond, what should she do? Still nothing?

[Stigman]

Enclose a £1 Postal Order addressed to Lowells.

Send it recorded delivery and print off the Signed For Receipt from the Royal Mail website.

 

Send the CCA to...

The Lowell Group

Ellington House

9 Savanah Way

Leeds

LS10 1AB

 

If you have not heard back within 14 calender days (working days), then please post back here a couple of days in advance of the deadline.

 

Stigman

[Stigman]

I've prepared a standard letter requesting a true copy of the credit agreement

 

CCA Template Letter is here...

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Stigman

[hyperjase]

Many thanks, will get that done tomorrow.

[dx100uk]

moved to the provi forum..

 

got all the statements?

 

don't for get PENALTY charges reclaiming

and

ROP reclaiming FIRST [before settling]

 

is this on your credit file?

 

 

dx

[hyperjase]

It's a few years since she had this card (not 6 though, even though that has now been reset) so no statements but I suppose it's worth an SAR to Vanquis to see if we can reclaim any charges. ROP? Not sure what that is?

[letsgetitsorted]

ROP is the PPI Vanquis charge, Repayment Option Plan

[hyperjase]

I'll check, I have a feeling it may have been automatically added but the SAR will show whether or not it was on.

[hyperjase]

Letter sent and received Saturday morning 28/6/14 so not counting until the Monday -- am I counting 14 days (two weeks) or 14 working days (two weeks four days)?

[dx100uk]

working days

 

dx

[hyperjase]

10 working days today.... 14 days falls on Thursday 17th July.

[hyperjase]

Another question though, it was signed for on a Saturday does that not mean I can include Saturdays? As they're open and taking calls....

[dx100uk]

the timeline is set by the act not the firm:lol:

 

14 working days

[hyperjase]

That's fine Thursday is day 14 in which case ... and never having done this before - what happens if they don't provide the evidence? Debt wiped out?

[dx100uk]

until they find it

they can do nothing but 'ask nicely' for payments.

 

no cca does not mean the debt is wiped

 

dx

[hyperjase]

13 days and we receive a letter .... them saying they've contacted Vanquis and they're "trying to retrieve the agreement from their archive".

 

Is this sufficient within the 14 days? Or do they actually need to provide proof within those 14 days?

[dx100uk]

as post 21

 

dx

[hyperjase]

Ok thanks for the info, we shall sit and wait to see if they can turn the evidence up.

[hyperjase]

Well, we have a result.

 

Vanquis are unable to locate the details and Lowell have closed the account!

 

I don't know how often this happens but it's £350 wiped out!

 

Now I know to query every DCA request let's see if we have similar success!

 

One question.

 

Once you commence paying can this be done after that?

 

Will be curious to see how many others would have to wipe out the debt.

 

Many thanks everyone for your support.