scottygees UE diary

[The Tech Clerk]

yea

[scottygees]

yea

Ok, so I thought Lowell’s were the DCA so why would they then appoint another DCA ?

[The Tech Clerk]

there goes the question? so many possibility like:- do not feel they got a case overworked in office, and trying to farm out office work initially = every case is different! try debt collection before deciding if worth trying for court case?????

[scottygees]

VANQUIS

• Credit Card
• Date commenced -not known
• Approx balance £1002
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment since Feb 2017
• Status -Default 31/8/2015
• Account owner-DLC

9/6/17-letter recd confirming they have been instructed by vanquish to collect balance and require me to contact them
26/6/17-letter recd offering a 50% reduction on outstanding balance
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
12/8/17-letter recdfrom DLC dated 1/8/17 stating they are only collectors and that I need to send request directly to Vanquis.They have returned the postal order. Any advice or should I just now send the request to Vanquis
17/08/17-CCA request made to Vanquis
19/08/17-CCA request delivered and signed for
01/09/17-CCA received from Vanquis dated 30/08/17.Awaiting advice
02/09/17-CCA sent to Niddy who confirms it is enforceable . Will await further contact from DCA before deciding what course of action to take.
11/12/17-Letter recd from Vanquis confirming now assigned to Lowell. Introducing letter recd from Lowell in the same envelope.
2/1/2018-letter received dated 28/12/17 from Lowell’s please contact us to arrange a a payment plan we are here to help. No action taken
27/01/18-Letter recd from Lowell’s they may look at referring for legal action.Best way to stop this is by contacting us to discuss affordable repayment plan.This letter also refers to JD Williams account
(01/02/18-SWID sent special delivery to Lowell’s
13/02/18-letter recd fro Lowells account on hold for 40 days until they can provide the CCA.
21/3/18-Letter and CCA recd from Lowell’s.This is an exact copy of the one Niddy has already said is enforceable. I assume no further action to take at this stage apart from await their next letter?
21/3/18- further letter recd from Lowell’s account on hold until 18th April to give me time to review the CCA they sent.
4/4/18-SAR request issued to Vanquis
19/4/18-letter received from Lowell’s.We are more than happy to help, please call us, Stepchange recommendations etc etc
4/5/18-letter from Lowell’s- no contact. Further action to be taken if no contact made
10/5/18-Letter received from Lowell’s dated 4/5/18 stating they haven’t heard from me , contact to make arrangements but this time saying they WILL take further action to recover debt if no contact made. I still haven’t received the SAR from Vanquis and have noticed the cheque hasn’t been cashed though I do have proof of delivery. How much longer should I give the SAR and if it isn’t received should I take any further action?

20/5/18-Letter received from Lowell’s stating they will now be passing the account to their collections department or one of our approved collections agencies. I was under the Impression Lowell’s were the Collection agency? They are also offering a 30% discount which can be paid in instalments. Any advice about the Collection agency part of my post?
3/12/18-letter recd from Lowell’s offering 20% discount
17/12/18-letter recd from Lowell’s confirming no payment is too big or too small, outlining payment examples
16/1/19-letter recd from Lowell’s “deciding our next steps” please respond by 31/1/19
25/5/2019-Pre Legal assessment letter received from Lowell’s regarding both the above accounts. Stating they would still prefer to work with me to set up affordable repayment. It then goes on to outline what legal action means.
29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So I currently have a SAR request outstanding for the vanquis account. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?
SAR STILL OUTSTANDING




J Williams
4/4/18- CCA requested
12/4/18-Letter received from Lowell’s confirming receipt of CCA request.await their response
20/6/18-CCA received from Lowell’s giving until 16th July to respond with any queries
20/6/18-CCA sent to Niddy who confirmed as it isn’t legible and has no date or signature.
12/18-letter recd from Lowell’s offering 20% discount
17/12/18-letter recd from Lowell’s confirming no payment is too big or too small, outlining payment examples
16/1/19-letter recd from Lowell’s “deciding our next steps” please respond by 31/1/19
25/5/2019-Pre Legal assessment letter received from Lowell’s regarding both the above accounts. Stating they would still prefer to work with me to set up affordable repayment. It then goes on to outline what legal action means.

29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So the J Williams account CCA is not signed or dated so was deemed unenforceable. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?

CCA STILL OUTSTANDING

5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.

So any advice on what boxes to tick at this stage would be greatly appreciated.

Many Thanks

[Joanna Connolly Solicitors]

I can't see when (what year) either of these accounts (Vanquis and J.D. Williams) were opened.

And how much is the J. D Williams debt?

Di

[scottygees]

I can't see when (what year) either of these accounts (Vanquis and J.D. Williams) were opened.

And how much is the J. D Williams debt?

Di

Di, thanks for the speedy response. It would appear the Vanquis account was opened in May 2009 and the JD Williams account in April 2012

[scottygees]

I can't see when (what year) either of these accounts (Vanquis and J.D. Williams) were opened.

And how much is the J. D Williams debt?

Di

Apologies the JD Williams account balance is £1100 approximately

[Joanna Connolly Solicitors]

5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.

Thanks for the updates.

I don't see why Lowell Solicitors think they can send one Letter of Claim for three separate debts especially since they have no connection. It would be different if the original creditor had been the same and they planned to issue one claim identifying three separate accounts. But that's not the case.

You have 30 days to respond so there's time to decide how to tackle this since you say the Vanquis credit agreement is enforceable but the J. D. Williams credit agreement is unenforceable.

What information have you sought in relation to the EE mobile account?

Di

[scottygees]

Thanks for the updates.

I don't see why Lowell Solicitors think they can send one Letter of Claim for three separate debts especially since they have no connection. It would be different if the original creditor had been the same and they planned to issue one claim identifying three separate accounts. But that's not the case.

You have 30 days to respond so there's time to decide how to tackle this since you say the Vanquis credit agreement is enforceable but the J. D. Williams credit agreement is unenforceable.

What information have you sought in relation to the EE mobile account?

Di

Thanks Di

i did find it strange myself but not knowing the legal system wasn’t sure if they had complied or not. Are you saying legally they should have sent 3 individual LBC? They did enclose an A4 page outlining each debt the LBC covered. Also if they did issue one court claim for all 3 debt would that be non compliant with legal process?

The Vanquis is enforceable but the JDWILLIAMS CCA i was sent is illegible and hasn’t been signed or dated.Though I expect them to remedy that. As far as the EE accounts are concerned I haven’t sought any information yet. Wasn’t sure there was anything to request for mobile contracts to be honest.Is there something I should be doing in connection with the mobile account?

Thanks in advance

[Warwick65]

Hi
just to remind you there is a lot more to enforceability than just the agreement. Lowell closed my vanquis account when the DN was rubbish (funily enough they then tried to go to court with a capital One account with no Dn)

[scottygees]

Hi
just to remind you there is a lot more to enforceability than just the agreement. Lowell closed my vanquis account when the DN was rubbish (funily enough they then tried to go to court with a capital One account with no Dn)

Yes my wife had a JDWILLIAMS account which Lowell’s owned and out of the blue last year they sent her a letter closing her account. Was hoping for the same result on mine, but not to be.

[scottygees]

So it’s been just over a week since I posted on here regarding receipt of the LBC. Mindful I have about 2 weeks left in which to respond.can anybody give me advice on how to complete my reply? Many Thanks

[nightwatch]

Maybe email Di, she may be able to shine some lite on it off site

[Joanna Connolly Solicitors]

So it’s been just over a week since I posted on here regarding receipt of the LBC. Mindful I have about 2 weeks left in which to respond.can anybody give me advice on how to complete my reply?

You say you have two weeks left to respond to Lowell Solicitors Letter of Claim.

I'll take a peek back at the history of these three debts so can you give me the post numbers please.

Di

[scottygees]

You say you have two weeks left to respond to Lowell Solicitors Letter of Claim.

I'll take a peek back at the history of these three debts so can you give me the post numbers please.

Di

Thanks Di. Post #229 covers everything apart from the EE debt which unfortunately I haven’t recorded.