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I took out a credit card with Vanquis in 2010 and maintained my monthly payments on time for the next 5 years. In 2015 I became aware of information that the credit aggreement might have been sold as securitisation, so i wrote a number of letters to Mike Lenora CEO at Vanquis asking for verification that this wasn't the case, and upon proof that Vanquis still had the original aggreement in their possession i would settle the account. I did not get any reply after sending 4 letters over the space of 6 months, so after sending a final letter informing him that i would not be paying any more money to this account until i had verification, I cancelled the direct debit.
Roll forward to 2016 when i recieved a letter from Lowells informing me that Vanquis had 'sold' the account to them, and wanted me to pay the balance of £4000, reduced to £2000 if i set up a payment plan to clear the balance. I wrote to Lowells straight away informing them they they were now liable for the debt, because they had purchased the account while it was still in dispute, and without my consent. There is no default on my credit file from Vanquis or any recorded of the account being in arrears.
They responded by saying they would provide evidence of the alleged debt by way of a copy of the aggreement together with statements of the account, and until they had provided this evidence the account would be put on hold.
I replied by asking them to furnish me with ORIGINAL copies of the aggreement signed by both parties, NOT photocopies, signed notice granting power of attorney to Lowell portfolio to act on my behalf, Validation of the alleged debt - full accounting, statements, verification of their claim against me in the form of a sworn affidavit in accordance with Bill of Excahnge Act 1882, and true and certified copies of the deed of assignment and deed of novation. I gave them 7 days to furnish me with this information.
3 months to the day later, i recieved a photocopy of the credit aggreement which can only be described as fraudulent at best! The signature that is supposed to be from a representative of Vanquis has been photocopied on to the document the wrong way round, and the date is incorrect - 23.06.10 instead of 26.03.10! None of the other documentation i requested was sent either.
I didn't reply back to Lowells, and soon had the barrage of phone calls and voicemails that lasted over 6 months. Then in the post came a claim form from the bulk centre where they have lodged a claim against me to recover the full amount. I issued a 16 point defence stating that this account was in dispute, and that Lowells had acted outside of their jurisdiction by purchasing this account. The claim was processed and has been sent to County Court to be heard by a judge next month.
Is there any advice anyone can give regarding my defence or anything that i could provide or say that could help? I still have all the original letters and documentation that i intend on using for my defence pack, but any additional help would be appreciated.
Many thanks
Roll forward to 2016 when i recieved a letter from Lowells informing me that Vanquis had 'sold' the account to them, and wanted me to pay the balance of £4000, reduced to £2000 if i set up a payment plan to clear the balance. I wrote to Lowells straight away informing them they they were now liable for the debt, because they had purchased the account while it was still in dispute, and without my consent. There is no default on my credit file from Vanquis or any recorded of the account being in arrears.
They responded by saying they would provide evidence of the alleged debt by way of a copy of the aggreement together with statements of the account, and until they had provided this evidence the account would be put on hold.
I replied by asking them to furnish me with ORIGINAL copies of the aggreement signed by both parties, NOT photocopies, signed notice granting power of attorney to Lowell portfolio to act on my behalf, Validation of the alleged debt - full accounting, statements, verification of their claim against me in the form of a sworn affidavit in accordance with Bill of Excahnge Act 1882, and true and certified copies of the deed of assignment and deed of novation. I gave them 7 days to furnish me with this information.
3 months to the day later, i recieved a photocopy of the credit aggreement which can only be described as fraudulent at best! The signature that is supposed to be from a representative of Vanquis has been photocopied on to the document the wrong way round, and the date is incorrect - 23.06.10 instead of 26.03.10! None of the other documentation i requested was sent either.
I didn't reply back to Lowells, and soon had the barrage of phone calls and voicemails that lasted over 6 months. Then in the post came a claim form from the bulk centre where they have lodged a claim against me to recover the full amount. I issued a 16 point defence stating that this account was in dispute, and that Lowells had acted outside of their jurisdiction by purchasing this account. The claim was processed and has been sent to County Court to be heard by a judge next month.
Is there any advice anyone can give regarding my defence or anything that i could provide or say that could help? I still have all the original letters and documentation that i intend on using for my defence pack, but any additional help would be appreciated.
Many thanks
