scottygees UE diary

[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

Di, I have sent you an email

thanks

[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

Di, I have sent you an email

thanks

[Warwick65]

Di, I have sent you an email

thanks

Remember it is Sunday so the email may not get looked at until tomorrow and Monday mornings are always busy with an avalanche of emails after the weekend.

[Joanna Connolly Solicitors]

Di, I have sent you an email

I’ve got your email

Di

[scottygees]

I’ve got your email

Di

Thanks Di

[scottygees]

I’ve got your email

Di

Di just messaged you again with my contact details

[scottygees]

I’ve got your email

Di

Di

As discussed the LBC reply has been sent back to Lowell’s solicitors this morning registered post. Let’s see how they respond. Thanks again for your time

[scottygees]

LBC reply received and signed for by Lowell’s on 31st July

[scottygees]

I’ve got your email

Di

Hi Di got a response from Lowell’s. Have sent you a PM.

[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?
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.





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?

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.


CCA STILL OUTSTANDING

31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.

On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.

The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.

So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.

The J Williams account CCA they previously sent doesn't have a signature or date on it, so is currently unenforceable I believe.

They haven't actually complied with my request for a copy of my EE contract just sent the assignment letter.

Is there any further advice I can be given with how to deal now they have provided in part what I requested. My thoughts are they will now issue another LBC.

[Joanna Connolly Solicitors]

letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.

On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.

The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.

So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.

The J Williams account CCA they previously sent doesn't have a signature or date on it, so is currently unenforceable I believe.

They haven't actually complied with my request for a copy of my EE contract just sent the assignment letter.

Have you sent a Subject Access Request to Vanquis to discover what data they hold on you, so you can see if that Default Notice is 'honest and accurate'? If not send them one now. A Default Notice is different from a Default registered on your CRA file.

How much is the balance of the J. D. Williams debt (sorry if you've posted it somewhere else on this thread)?

How did you open the EE mobile account in 2005? And also how did the account end? Were you still in the minimum contract and/or did you give notice? Was there a handset involved?

Di

[scottygees]

Have you sent a Subject Access Request to Vanquis to discover what data they hold on you, so you can see if that Default Notice is 'honest and accurate'? If not send them one now. A Default Notice is different from a Default registered on your CRA file.

How much is the balance of the J. D. Williams debt (sorry if you've posted it somewhere else on this thread)?

How did you open the EE mobile account in 2005? And also how did the account end? Were you still in the minimum contract and/or did you give notice? Was there a handset involved?

Di

Thanks for the prompt reply Di, we did speak about this back in July/August when the original LBC was received from Lowells solicitors and I have sent you a private email so you can see the trail of the email conversations we have previously had.

I did send a SAR to Vanquis but I cant for the life of me find where I filed it. ( I will do some more digging)
The J Williams account balance is approx. £1100
As far as the EE contract is concerned I really cant remember how the account was opened. If I was to hazard a guess I would say online but I cant be sure. I think the problem with the EE account is that new handsets would have been taken out at renewal stage and new contracts possibly signed. My guess is that the actual EE package against the debt wont have anything directly to do with the contract signed in 2005. i.e different phone different allowances etc.

[scottygees]

Thanks for the prompt reply Di, we did speak about this back in July/August when the original LBC was received from Lowells solicitors and I have sent you a private email so you can see the trail of the email conversations we have previously had.

I did send a SAR to Vanquis but I cant for the life of me find where I filed it. ( I will do some more digging)
The J Williams account balance is approx. £1100
As far as the EE contract is concerned I really cant remember how the account was opened. If I was to hazard a guess I would say online but I cant be sure. I think the problem with the EE account is that new handsets would have been taken out at renewal stage and new contracts possibly signed. My guess is that the actual EE package against the debt wont have anything directly to do with the contract signed in 2005. i.e different phone different allowances etc.

***UPDATE***

SAR documents now located. The Default notice is the same as what Lowells have sent me.

[scottygees]

15/01/2020- So as expected the LBC (dated 13th January 2020) has been received today from Lowells Solicitors giving 30 days (12th February) to make payment/respond. The letter is actually identical to the previous LBC they issued except for the date of course.


So once again they have put 3 debts on one LBC, again I don't know if this is the correct legal procedure as none of the debts are linked in anyway. Therefore if this did go to court I would expect them to issue three separate claims. So I will try and break this down nto the three separate debts to try and make it clearer:

Vanquis

Previously it was suggested I request the default notice for the Vanquis account of which they unduly replied and unfortunately it is a true copy of the one I received following my SAR request to Vanquis. As I also have an enforceable CCA is there anything else I can request or am I just going to have to suck this debt up and arrange a payment plan?

J Williams

As things stand I believe the CCA they sent me is unenforceable as the copy they sent me when i requested it hasn't been signed or dated by myself. The LBC states they can provide a copy of the CCA upon request. Though I am not sure that is the prudent thing to do. I do have a default notice for this account on file dated 25th July

EE

This is only £95 so I am not too concerned about this even though I am not sure whether I owe this or not as it goes back to an agreement I took out in 2005 supposedly.

As stated in a previous post I really cant remember how the account was opened. If I was to hazard a guess I would say online but I cant be sure. I don't know how phone contract agreements work but I was with EE for a while and would be pretty confident I would have upgraded after a couple of years, so not sure whether this would constitute a new agreement each time I upgraded or not in which case I am not sure the agreement i signed in 2005 would be the one that the debt is against. Lowells solicitors have previously argued the agreement isn't regulated by the Consumer credit act and therefore the original creditor is not required to retain a copy of the agreement. They have stated in their correspondence that they can however provide copies of the terms and conditions though I am not sure what that proves.

So that is the current state of play so advice is needed for what to do next and how to fill in the LBC reply. Hopefully someone more knowledgeable than myself will be able to help me make that decision and advise any further documentation I can request to prolong this journey.

Once again thanks in advance.

PS Lowells must be busy as they have assigned one of my wifes debts to their solicitor to potentially instigate legal action as well!!

Sorry for the ramble!

[Warwick65]

Just a couple of comments.

Your Vanquis DN , is that enforceable? I mean is it set out correctly, the one I had was so defective.

The JD Williams that you think is UE because of no signature, there is no need for a signature on a CCA request but...when was the account opened?