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  • Originally posted by Diana Mayhew View Post


    I've looked back at the history of this debt and can see that you sent your CCA Request to HSBC's DCA at the time.

    You say the credit agreement sent in response (by HSBC) was enforceable.

    However Cabot may not have access to HSBC documentation, so the last thing you want is to prompt them to source the credit agreement and then issue a claim.

    Send a SAR to HSBC to see what data and information they hold.

    You can also email me a copy of that credit agreement when you send me a copy of the Letter of Claim.

    (I hope I'm not too late in posting this.)

    Di
    Thankyou so much, yes got my sar request ready to send (be first time to shops).
    will email you the form they sent .

    Comment


    • Originally posted by Shineon View Post
      will email you the form they sent .

      Email received with an interesting anomaly spotted in the apparent credit agreement

      Di

      Comment


      • Originally posted by Shineon View Post
        VANQUIS BANK

        Husband
        Balance: £1076.00
        Start Date: 03/05/2015
        Last payment: DMP March 2018
        Original Lender: Vanquis Cr Card


        21/03/2018 - CCA sent
        28/03/2018 - CCA recieved will send for checking.
        27/04/2018 cancelled DMP
        28/05/2018 letter from Vanquis, advising no longer on DMP and interest and charges due to resume in 30 days
        28/05/2018 letter from Vanquis, a/c over limit, can pay if an oversight ( nope )
        26/06/2018 letter saying no payment recieved , please call
        05/06/2018 monthly statement from vanquis
        06/06/2018. A/c remains overdue letter from vanquis
        29/06/2918 a/c overdue letter
        19/07/2018 pending notice of default letter.
        28/07/2018 monthly overdue statement
        08/08/2018 Notice of Default letter
        22/08/2018 Please contact letter from Vanquis
        28/08/2018 Monthly Statement
        01/11/2018 Monthly Statement
        27.11.18 monthly statement.
        02/08/2019 letter rob way - what can you afford to pay
        15/08/2019 letter from Rob Way , we are authorised to negotiate payment plan.
        31/08/19 statement from vanquis.
        31/08/2919 letter rob way to arrange a payment plan.
        23/09/2019 letter rob way - reduced settlement offer.
        10/10/2019 letter from rob way to sort payment.
        29.08.20 vanquis statement
        19.10.20 letter Lowell , bought account, NOA letter enclosed from vanquis.
        04.11.20 letter Lowell, payment due
        18.11.20 letter Lowell, overdue account
        30.11.20 letter Lowell, overdue account
        18.12.20 letter Lowell, pre legal assessment
        03.01.21 letter Lowell, pre legal assessment, 20% discount.
        19.01.21 letter Lowell, pre legal assessment, we may instruct solicitor, still offering 20% discount.
        23.02.21 letter from Lucas , ac overdue, Lowell portfolio 1 have instructed them, contact in 10 days or will refer to their sols to commence legal action. Also letter enclosed saying Overdales legal Ltd have changed name to Lucas cr services. Also enclosed letter headed Lowell saying sent to Lucas and to contact them.
        Hi all xx received letter from Lucas credit services today, acting as DCA for Lowell, do I need to just wait for now, or need to send off for sar to Vanquis or anything else ,,, xx bloomin Lowell ....grrrrr .....

        Comment


        • Originally posted by Shineon View Post

          received letter from Lucas credit services today, acting as DCA for Lowell, do I need to just wait for now, or need to send off for sar to Vanquis or anything else

          No need to do anything right now.

          Lowell are busy issuing claims at the moment, so use this time to prepare on a just-in-case basis. If you receive a Letter of Claim then email it to me.

          What did Niddy say when you sent him the credit agreement Vanquis produced in March 2018 in response to your CCA Request?

          Di


          Comment


          • Originally posted by Diana Mayhew View Post


            No need to do anything right now.

            Lowell are busy issuing claims at the moment, so use this time to prepare on a just-in-case basis. If you receive a Letter of Claim then email it to me.

            What did Niddy say when you sent him the credit agreement Vanquis produced in March 2018 in response to your CCA Request?

            Di

            thanks Di,and a belated birthday wish from me x hopefully not issuing ours, yes will email if anything arrives,,,
            Niddy said it could be UE but not 100per cent,,, screen prints and terms.
            this is husbands Vanquis, I also have a Vanquis one, both have got Lowell on the case,,
            Thanks...x


            Comment


            • Originally posted by Shineon View Post
              thanks Di, and a belated birthday wish from me x

              . . . this is husbands Vanquis, I also have a Vanquis one, both have got Lowell on the case

              I can see you recently updated your Vanquis debt post with Lowell saying they may instruct solicitors. Let me know if they send you a Letter of Claim.

              I'm quoting your post below to remind me to help you to keep on top of things.

              I can see that Niddy thought the credit agreement they sent you in response to your CCA Request to Vanquis was "probably" enforceable, which is not the same as definitely enforceable. And it was produced by Vanquis not Lowell.

              Don't send another CCA Request, but you can email me the credit agreement you got in March 2018 to see if there's any chance that the probability could be remedied by them subsequently.


              Originally posted by Shineon View Post
              VANQUIS BANK


              Mine
              Balance: £2508.05
              Start Date: 19/05/2012
              Last payment: DMP March 2018
              Original Lender: Vanquis Cr Card
              .
              21/03/2018 - CCA sent
              28/03/2018 CCA recieved back, will send for checking.
              checked EN, most prob.
              27/04/2018 cancelled DMP
              12/05/2018 monthly statement recieved.
              28/05/2018 letter from Vanquis, advising no longer on DMP and interest and charges due to resume in 30 days .
              13/07/2018 Letter from vanquis saying payment overdue
              19/07/2018 letter vanquis to sort payment, balance higher now so must be charging interest .
              03/08/2018 Vanquis letter pending notice of default.
              10/08/2018 Monthly statement
              16/08/2018 Notice of Default received.
              10/09/2018 Letter saying new case manager, to sort plan.
              11/09/2018 Monthly statement.
              24/09/2018 Letter from case manager offering discount to sort payment and keep a/c open.
              12/10/2018 Monthly statement.
              10.12.18 monthly statement.
              15/12/2018 Refund letter for overcharging interest, saying cr card with £2.07
              03/08/2019 letter Moorcroft- your details have been passed to us by vanquis bank ltd and to sort payment plan
              12/08/2019 letter Moorcroft - important info, possible further action.
              30/08/2019 letter Moorcroft - monthly instalment offer.
              09/09/2019 letter Moorcroft- no contact made, contact us.
              14/09/2019 vanquis monthly statement, important info bit says been passed to Moorcroft and to deal with them directly.
              23/09/2019 Moorcroft letter saying this has been sent to their home collections division.
              19.12.2019 moorcroft letter offer discount, last chance before further action being recommended.
              29.08.20 Statement from vanquis
              18.10.20 letter Lowell,bought account, with NOA enclosed from vanquis.
              01.11.20 letter Lowell to sort payment.
              18.11.20 letter Lowell to sort overdue account.
              30.11.20 letter Lowell,accessing account for legal action.
              18.12.20 letter lowell, pre legal assessment.
              04.01.21 letter Lowell, pre legal assessment, 20% discount.
              18.01.21 letter Lowell, we may instruct solicitors, 20% discount still available.

              And thank you for your kind birthday wishes too

              Di

              Comment


              • Thanks Di, will find agreement and email to you, over the weekend x thanks

                Comment


                • Originally posted by Shineon View Post
                  Thanks all for kind words.
                  have just found another to add to my (growing) list
                  will put here, don't know how to move it to top of my diary - hope this is ok

                  AQUA MASTECARD
                  Mine

                  Balance: £1370.00
                  Start Date: 24/03/2016
                  Last Payment : DMP March 2018
                  Date Assugned : 11/07/2017
                  Current DCA : Cabot Finacial UK Limited

                  15/03/2018 letter from Cabot - we would like to help you close your account - offering pay £412.39 for f and f settlement - dated envelope and filed away.
                  21/03/2018 - CCA sent
                  27/04/2018 cancelled DMP
                  15/06/2018 LETTER from Cabot, 14 day hold for me to sort a new payment plan, as Dmp cancelled. Current creditor on letter states CABOT FINANCIAL UK LIMITED.
                  13/07/2018 Statement for last 6 months.
                  19/07/2018 letter to set up payments, Cabot financial uk limited as current creditor
                  14/08/2018 Letter to set up payments from cabot financial.
                  22/09/2018 Letter from Cabot , set up payment , a/c will be relieved for legal action.
                  06.10.18 letter Cabot potential legal action.
                  10.10.18 letter Cabot potential legal action.
                  06.12.18 letter Cabot, potential legal action.
                  07/01/2019 letter potential legal action, not heard from you.
                  07.02.19 letter Cabot, potential legal action.
                  11/03/2019letter Cabot potential legal action
                  13/04/2019 letter from Cabot outstanding balance potential legal action.
                  15.05.2019 letter Cabot, potential legal action.
                  19/06/2019 letter Cabot - outstanding balance potential legal action.
                  02/08/2019 letter Cabot - statement last six months Says owner is CABIT FINANCIAL ( EUROPE ) LIMITED
                  18/07/2019 letter Cabot - potential legal action.
                  19/08/2019 letter from Cabot outstanding balance, potential legal action.
                  21/09/2019 letter from Cabot, potential legal action.
                  24/10/2019 letter from Cabot , outstanding balance, potential legal action .
                  23.11.2019 Cabot letter, outstanding balance, potential legal action.
                  28.12.2019 Cabot letter outstanding balance, potential legal action.
                  26.01.2020 Cabot letter outstanding balance, potential legal action.
                  25.02.2020 Cabot letter outstanding balance, potential legal action.
                  20.03.2020 Cabot letter outstanding balance, potential legal action.
                  01.5.2020 Cabot letter outstanding balance, potential legal action.
                  02.06.2020 Cabot letter outstanding balance, potential legal action.
                  12.02.21 Cabot, Aqua statement
                  22.02.2021 Cabot letter, your ac has been selected for legal action.
                  05.03.2021 Cabot letter, 21 days to avoid legal action.
                  22.03.21 Cabot letter, 7 days and will pass to sols.
                  10.04.21 Mortimer Clarke letter of claim dated 06.04.21, 30 days to reply.
                  Hi, I have unfortunately been sent a letter of claim from Mortimer Clarke ( also another one too but will put that on another quote) shall I fill in box I ,, thanks xx

                  Comment


                  • Originally posted by Shineon View Post

                    Hi, I have unfortunately been sent a letter of claim from Mortimer Clarke ( also another one too but will put that on another quote)

                    Hello

                    I've had a quick look back through the history of this debt on your thread, and it doesn't look like you've sent a CCA Request to anyone, is that correct or have I missed something?

                    Don't do anything yet until the situation becomes clearer.

                    You have 30 days to Reply (it's dated 10th April?) so take your time.

                    (I'll also take a look at the other one when you post about that.)

                    Di

                    Comment


                    • Originally posted by Shineon View Post
                      NEW DAY


                      Mine
                      Balance: £1309.05
                      Start Date:
                      Last payment: DMP March 2018
                      Original Lender


                      01/03/2018. CCA Sent
                      07/03/2018 CCA tracked and recieved, receipt printed
                      23/03/2018 cheque for £1 returned from LLOYDS banking group with Halifax header saying no valid a/c no. And cannot locate with details provided.
                      27/04/2018 cancelled DMP
                      hi Di thanks again for reply, regarding cca for aqua, looks like it was linked to this one at start, but not looking like it got delivered
                      So not got a cca to check. Xx will get the other Letter of claim put up now . Thanks x

                      Comment


                      • Originally posted by Shineon View Post
                        VANQUIS BANK

                        Husband
                        Balance: £1076.00
                        Start Date: 03/05/2015
                        Last payment: DMP March 2018
                        Original Lender: Vanquis Cr Card


                        21/03/2018 - CCA sent
                        28/03/2018 - CCA recieved will send for checking.
                        checked, and maybe UE not 100%
                        27/04/2018 cancelled DMP
                        28/05/2018 letter from Vanquis, advising no longer on DMP and interest and charges due to resume in 30 days
                        28/05/2018 letter from Vanquis, a/c over limit, can pay if an oversight ( nope )
                        26/06/2018 letter saying no payment recieved , please call
                        05/06/2018 monthly statement from vanquis
                        06/06/2018. A/c remains overdue letter from vanquis
                        29/06/2918 a/c overdue letter
                        19/07/2018 pending notice of default letter.
                        28/07/2018 monthly overdue statement
                        08/08/2018 Notice of Default letter
                        22/08/2018 Please contact letter from Vanquis
                        28/08/2018 Monthly Statement
                        01/11/2018 Monthly Statement
                        27.11.18 monthly statement.
                        02/08/2019 letter rob way - what can you afford to pay
                        15/08/2019 letter from Rob Way , we are authorised to negotiate payment plan.
                        31/08/19 statement from vanquis.
                        31/08/2919 letter rob way to arrange a payment plan.
                        23/09/2019 letter rob way - reduced settlement offer.
                        10/10/2019 letter from rob way to sort payment.
                        29.08.20 vanquis statement
                        19.10.20 letter Lowell , bought account, NOA letter enclosed from vanquis.
                        04.11.20 letter Lowell, payment due
                        18.11.20 letter Lowell, overdue account
                        30.11.20 letter Lowell, overdue account
                        18.12.20 letter Lowell, pre legal assessment
                        03.01.21 letter Lowell, pre legal assessment, 20% discount.
                        19.01.21 letter Lowell, pre legal assessment, we may instruct solicitor, still offering 20% discount.
                        23.02.21 letter from Lucas , ac overdue, Lowell portfolio 1 have instructed them, contact in 10 days or will refer to their sols to commence legal action. Also letter enclosed saying Overdales legal Ltd have changed name to Lucas cr services. Also enclosed letter headed Lowell saying sent to Lucas and to contact them.
                        15.04.21 Overdales sols letter of claim dated 13.04.21, 30 days to reply.
                        Hi, this Vanquis one for my husband has just recieved a letter of claim, from Overdales Solicitors.

                        Comment


                        • Originally posted by Shineon View Post
                          Hi, this Vanquis one for my husband has just recieved a letter of claim, from Overdales Solicitors.

                          Hello again

                          So you sent a CCA Request to Vanquis for this credit card in March 2018, and the 'credit agreement' which was produced was unenforceable according to Niddy but not 100% certain.

                          Nothing has been sent to Lowell since they were assigned the debt in October 2018.

                          You have plenty of time to deal with this one too.

                          Don't let them spoil your weekend.

                          Di
                          Last edited by PlanB; 16 April 2021, 16:15.

                          Comment


                          • Originally posted by PlanB View Post


                            Hello again

                            So you sent a CCA Request to Vanquis for this credit card in March 2018, and the 'credit agreement' which was produced was unenforceable according to Niddy but not 100% certain.

                            Nothing has been sent to Lowell since they were assigned the debt in October 2018.

                            You have plenty of time to deal with this one too.

                            Don't let them spoil your weekend.

                            Di
                            thankyou, nothing sent to Lowell our end,,, yes could be Un but not 100 per cent yep ...
                            hooefully nice weather for weekend in the garden, xx


                            Comment


                            • Originally posted by Shineon View Post
                              thankyou, nothing sent to Lowell our end,,, yes could be Un but not 100 per cent yep ...
                              hooefully nice weather for weekend in the garden, xx


                              I like your attitude (about the weather)

                              I'm going to suggest you send a CCA Request to Lowell before things get out of hand. The credit agreement which Vanquis sent you was unenforceable so with any luck Lowell won't be able to get anything better, or even anything at all.

                              Wait until the 12 days are up and then tick Box D stating you dispute the debt depending on what, if anything, is produced.

                              I would also send a Subject Access Request to Vanquis (it's free) to see what data they hold in case there's anything interesting in the Transaction Log such as the absence of a Default Notice etc.

                              From what you say you have until 12th May to reply so post on your thread anything which develops in the meantime, and give me a nudge no later than 1st May since you mustn't miss the deadline.

                              Di

                              Comment


                              • Originally posted by PlanB View Post


                                I like your attitude (about the weather)

                                I'm going to suggest you send a CCA Request to Lowell before things get out of hand. The credit agreement which Vanquis sent you was unenforceable so with any luck Lowell won't be able to get anything better, or even anything at all.

                                Wait until the 12 days are up and then tick Box D stating you dispute the debt depending on what, if anything, is produced.

                                I would also send a Subject Access Request to Vanquis (it's free) to see what data they hold in case there's anything interesting in the Transaction Log such as the absence of a Default Notice etc.

                                From what you say you have until 12th May to reply so post on your thread anything which develops in the meantime, and give me a nudge no later than 1st May since you mustn't miss the deadline.

                                Di
                                Thankyou, will get cca of to Lowell Monday/Tuesday, with signed for post, and get sar sorted to Vanquis also,, and let you know if get any replies.

                                Comment

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