Lowell letter from county court

[katy19660]

Hi Guys, have had a letter from Lowell about a debt vanquis credit card. I had this card in 2009 and lost my job. I have not heard anything from vanquis, until last month. I revived a money court claim, via Lowell portfolio. It stated that I defaulted.in 2012 , I then asked for the agreement and evidence. They have now sent this, and a statement, but my last payment was January 2010, but they have sent a default notice dated May 2012, making it within 6 years. The statement shows over 2 years of charges!! They have also stated they will except ANY payment schedule.... I believe that this should be statured barred as the last correspondence I have had was in 2010. What's your thoughts?

[Amethyst]

Hi Katy, Statute Barred where they haven't actually defaulted you for a long period after the breach of contract is currently a tricky one due to some recent Judgments in the courts.

Does this show up on your credit file at all ?

Could you send a Subject Access Request to Vanquis which might bring up the actual default date.

[katy19660]

Thank you. There's nothing on my credit file at all. I just think it's a bit weird that they defaulted after 2 years.....

[Amethyst]

Yes it is strange. Is the default notice 'from' Vanquis ? If it had defaulted in 2012 then it would more than likely still be on your credit file, I think it is unlikely it did. I expect it's just a template letter copy they've sent you in any event?

I'd definately get a SAR off to Vanquis to check what happened with the account -> Subject Access Request

Have you filed a defence in this claim ? including Statute Barred as a defence?

Sent the CCA & CPR Letters ? ( guessing that's what you mean by 'I then asked for the agreement and evidence.' )

So no sign of the agreement, just the transaction list and default notice ?