Advice needed please regarding notice of pending legal action

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

re your Vanquis debt... do you remember if you had Vanquis's ROP product? If you did, one option would be to put in a complaint and ask for a refund of that now... probably not a good idea if it is coming up to statute barred very shortly. See https://debtcamel.co.uk/vanquis-rop-refund/ for details.

Sorry for delayed reply, I've just started a new night shift job as I'm trying to raise the money should I have to pay this so just covering myself.

From what I remember, I don't think I had rop product. If I complained to them, wouldn't this be acknowledging that I owe the debt? It's about 3/4 years old so no where near statute barred.

Because I'm so worried about my signature can I print of the reply forms from your site for the reply forms and add in the anti tamper signature strip? Cca and letter to solictor is all done with anti signature strip on both and I will be sending everything off tomorrow.

[Debt Camel]

Re: Advice needed please regarding notice of pending legal action

If you don't think you had the ROP product, then my question was a red herring and you can ignore it.

[MIKE770]

Re: Advice needed please regarding notice of pending legal action

Could be this one:-

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Good evening everyone, sorry for the delay. So I took the advice of everyone on here and sent the cca letter to Lowell and letter and reply form back to cohen cramer. I decided to leave near to the 30 days and I reviewed the following letter back from solictors stating that this request was passed on to Lowell to provide documents.

It states a minimum of 45 days, is this right? I thought it was 12 plus 2 days from date of letter to creditor.

thank you for your time as always and I look forward to my next step now I've received this letter.

[MIKE770]

Re: Advice needed please regarding notice of pending legal action

12 + 2 and they know it their problem now

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

12 + 2 and they know it their problem now

Hi and thanks for your quick response. So if I'm right would things be in my favour if they don't reply back with all the required documents in that timeframe?

[MIKE770]

Re: Advice needed please regarding notice of pending legal action

seems to be the norm with a lot of companies but later on they have to supply?

[warwick65]

Re: Advice needed please regarding notice of pending legal action

Hi while it is 12+2 days all that means is that after 14 days they can not enforce until they have complied

So if a claim has not been issued they should not issue one now until they can comply

My guess is that the 45 days is some sort of timeframe written into the agreement between the two parties when the debt was sold- just a wild guess .

Sit and wait time

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Good afternoon everyone, hope you're all well? I know I've been quietly lately as I've waited for a response from Lowell and cohen solictors since I sent my letter, reply form of to solictors and cca request to Lowell back on the 25th of October.

I recieved a letter back back from the solictors, please see post #49 for the letter I recieved back. Now I believe as it's been stated that I should of recieved all requested information within 12 plus 2 days but I I didn't recieve anything from lowell, not even a acknowledgement of my cca request. I only recieved a letter back from solictors stating that they needed 45 days. That doesn't seem right?

its now been 49 days since the 25th of October since I sent my letters off to solictor and to Lowell.

what is the process going forward from now as it's all been very quiet and I'm new to this all so I'm not sure of my next move and steps moving forward?

Appreciate all your help, thank you.

Dan

[MIKE770]

Re: Advice needed please regarding notice of pending legal action

their move next? they could issue a N1 but how far they would try it without the procedural paperwork is a guess, Lowells have a long history of pushing till the last minute hoping the process frightens you in to submission (the child like company they are), so await their next move, if they have not issued a claim form -good but watch the post if they write or do? no guarantee that they will stop as every case different>

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

their move next? they could issue a N1 but how far they would try it without the procedural paperwork is a guess, Lowells have a long history of pushing till the last minute hoping the process frightens you in to submission (the child like company they are), so await their next move, if they have not issued a claim form -good but watch the post if they write or do? no guarantee that they will stop as every case different>

Thanks for your reply. I'll wait to hear back with them and monitor my post. Forgive me but what is a N1 please?

Thank you

[MIKE770]

Re: Advice needed please regarding notice of pending legal action

Standard county court form to start proceedings against you First Steps

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Standard county court form to start proceedings against you First Steps

Thank you. I'll wait to hear back from them and to see what the next step will be, thanks for your time and help.

[julies]

Re: Advice needed please regarding notice of pending legal action

Hi to all,

Just posting my 2pence on this subject.

Wouldn't it be better for the original poster to go on the offense now to the debt collector so to prevent them just selling the debt off to another creditor and therefore having to just repeat all of this process again later?

Maybe state to the debt collector that they have actually committed a criminal offense now as they have not supplied the document within 12+2+30 days and ask them to have the full and final settlement of let's say £10 without admitting the alleged debt or just to have it written off now so you do not report them to the authorities?

Something along the lines of the letter listed below, that I have found on another older thread from another forum....... Do edit out the points that are not relevant to this case obviously

LETTER SAMPLE FOR EDITING
------------

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and will commit a criminal offence on **MONTH DATE** is the requested document is not supplied.

You therefore have until **30 days date** to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

[Diana M]

Re: Advice needed please regarding notice of pending legal action

Maybe state to the debt collector that they have actually committed a criminal offense now as they have not supplied the document within 12+2+30 days and ask them to have the full and final settlement of let's say £10 without admitting the alleged debt or just to have it written off now so you do not report them to the authorities?

What criminal offence?

Any claim issued would be a civil litigation matter.

Di