Court claim, Lowell & Vanquis

[bambibunny]

Morning all, hope you had a good xmas & new year, received letter from Vanquis over Xmas stating they were unabled to comply with my request in the time limit specified & they needed more information-this is despite the letter including name & address plus account number & lowell reference number.* In addition I have received a letter from Lowell Solicitors today & I'm not sure how to proceed from here.

"We write in relation to the above matter and further to your letter dated 19th December 2019.

You entered into an agreement with Vanquis on 25 February 2015, a copy of the digital application is enclosed confirming the approval date.

The amount owed on the account is £881.83 and this breaks down as follows:

-£60.00 (costs)
-£70.00 (solicitors fees)
-£55.69 (interest)
-£730.32 (default balance)

Our client is not obligated to provide you with a copy of the Deed of Assignment, as this not only contains commercially sensitive information and information relating to other account, but is not relevant.

Our client sent you a letter dated 6 January 2018 confirming the legal assignment of the debt and requesting you contact them to discuss repayment of the debt.* Our client also attempted to call you on numerous occasions - however they have received no responose from you.* A copy of the Notice of Assignment is enclosed for your reference.

Please find an attached a copy of the statements from Vanquis confirming the debt sums owed.* We also enclose a copy of the Default Noice which was sent to you by Vanquis.

In accordance with CPR 16.2 the claim form submitted clearly states the nature of the claim, contains the statement of value in line with rule 16.3, contains a statement of interest accrued on that sum and adheres to all other requirements.

In order to resolve this matter and avoid proceeding to a hearing, our client is willing to settle the matter with you* As there is a live claim, in order settle the claim at this stage, we can enter into an agreement called a Tomlin Order which is a document setting out the terms of any settlement reached* The agreement would then be signed by you and us (on behalf of our client) and filed at court for approval.* Once the Court approves the agreements, they will then seal this and send copies of the sealed agreement to both parties.* Please find enclosed a draft copy of the Tomlin Order setting out the proposed terms of settlement.

This allows us to reach an amicable settlement without the need for the case to proceed further.* Under the terms of a Tomlin Order, you would be required to maintain a monthly payment amount which you can enter in the attached draft Tomlin Order.* Please note, that if you fail to maintain the payments our client could then obtain a County Court Judgement against you.* The Court charges the parties a fee of £10000 for approving a Tomlin order, which is reflected in the settlement sum in the attached draft Tomlin Order.

Should we fail to hear from you or fail to reach an agreement for repayment of the outstanding balance, we will proceed with the legal action which will incur further costs that we will then seek to recover from you.

You can obtain independant legal advice from the Citizens Advice Bureau or a solicitor of your choosing.

If you are in agreement with the draft Tomlin Order, please sign and return this form within fourteen days by post or by email to xxxxxxxxx.

[bambibunny]

Draft Tomlin Order which seems incredibly vague to me

"Upon the parties having agreed terms of settlement set out in the Order and Schedule below.

BY CONSENT IT IS ORDERED THAT:

1.* All further proceedings in this Claim be stayed except for the purpose of carrying out the Terms of the Schedule attached to this Order.
2.* Each party shall have liberty to apply to the Court if the other party does not give effect to the Terms set out in the attached Schedule.
3.* There be no Order as to costs.

SCHEDULE

1.* The Defendant agrees to pay the Claimant the sum of £981.83 (' the settlement sum') (including the costs, fees and interest) in full and final settlement of the claim.
2.* The Settlement Sum is to by paid by the Defendant at a rate of £...... per month commencing on the ....../......./2020 and thereafter on the .......... day of each month until the Settlement Sum has been paid.
3.* Should the Defendant default on the above, the Claimant is at liberty to enter Judgement against the Defendant for the Claim value less any payments made, together with the costs of entering Judgement and any costs associated with requesting Judgement.

[Amethyst]

Does the copy of the agreement shine any light on to what this might be ? Any sign of transaction lists at all ? SAR response from Vanquis ?

[bambibunny]

The SAR request I received a reply from Vanquis over Xmas stating that they would not be able to comply with the request in the allotted time limit stating that they needed further information, despite the request containing my name, address & supposed account number have left it at that for the minute as not been able to get online till today to ask on here, one of the letters included with the Lowell one is dated 27 August 2019 states credit card & associated card number, there is also several letters & a statement included none of which had been previously received by myself & transactions I do not recognise

[Amethyst]

Are the details on the credit agreement correct as of 2015 ( ie is it the correct address you would have lived at at the time the agreement was entered in to ). I assume it's an online agreement so no signature etc. Also the address on the statements - are they correct ?

[bambibunny]

The address on the credit agreement was correct as of the time although other details are not i.e income, phone numbers, digital signature not physical & the statement does not give an address just a list of transactions with very little information-just has sale, missed payment, late payment fee etc

[Amethyst]

Chase up the SAR with Vanquis.

Is there a date of birth on the application at all ?
Is the phone number a mobile or landline ?

You'll want to respond to Lowell pointing out the incorrect info.

[bambibunny]

Chase up the SAR with Vanquis.

Is there a date of birth on the application at all ?
Is the phone number a mobile or landline ?

You'll want to respond to Lowell pointing out the incorrect info.

Wrote to Vanquis to chase SAR, nothing back as of yet, have received Lowell's copy of the directions but not from the court.* I sent a letter to Lowell pointing out the discrepancies in the contact & employment details on the application & nothing back about that as of yet either.* I only have a day or so left before I have to respond if I agree to the Tomlin Order or not & I don't know how to continue from here.*

*

[bambibunny]

How do i respond about the Tomlin Order?

[typonaut]

If you believe you do not owe the money, then there is no point in signing the Tomlin order - it just obliges you to pay them. You either hae to convince those that are chasing you that you do not owe the money, or prove that to the court.