BW Legal for Lowell V Cornish Pasty

[cornish pasty]

Well still heard nothing from BW Legal regarding CPR request.
Heard nothing from Lowell regarding the CCA request.
my son has how ever hear from Vanquis regarding his SAR.

Not much sent, just a spreadsheet type document showing transactions, payments and date of sale. No default notice or any mention one was ever issued, no application forms, agreement, etc.

It did however show when the last payment was made
07/03/2012 well over 6 years ago. All activity since that date all one sided, charges, interest late payment fees, etc.

last charge added 15/07/2012. So I would presume default would have been issued before this date?

I have cropped some images to let you have a look.

Son is still adamant he never had a vanquish card. However the address they quote was a shared house with 3 others, so his post could have been compromised, possible identity theft.

[cornish pasty]

Yes, should be fine, they take a couple weeks to respond, first you'll probably get a 'we're asking the original creditor for documents' letter.

REmember the defence still needs to go in before the court set deadline regardless of whether BW say the case is on hold.

New update information added

[Amethyst]

Star Trek Online ( looks like some kind of monthly membership ?) and the orange phone account might help with tracking down if this was your sons or a flat mate had got a card in his name. So it's helpful on figuring out if it is genuine or ID fraud.

There is ID protection amounts being charged so they could be due back

looks like default would be between July and October 2012 so it won't be statute barred. The card was used after the last payment in and there are rulings on the default date being the cause of action.

[Amethyst]

That aside- they do still need the agreement, default and assignment notices. Which you'd think they'd have hold of before they obtained transaction lists - they're only really useful for the amount being claimed ( and for you sussing out where it's come from )

[cornish pasty]

That aside- they do still need the agreement, default and assignment notices. Which you'd think they'd have hold of before they obtained transaction lists - they're only really useful for the amount being claimed ( and for you sussing out where it's come from )

well as I say no sign of anything else from any party as yet.

so it's definitely not statute barred then? Last payment isn't clock start?
i thought a SAR to vanquis would have included everything on file, the agreement, default notice, but obviously not.

[cornish pasty]

That aside- they do still need the agreement, default and assignment notices. Which you'd think they'd have hold of before they obtained transaction lists - they're only really useful for the amount being claimed ( and for you sussing out where it's come from )

still no reply from Lowell re CCA request or BW Legal re CPR request.
is there a time limit they have to reply?
how can I prepare a defence when they ignore all requests?

[Amethyst]

Sadly, and annoyingly, it's actually pretty unusual to get a full response before you file your defence - the example defence is pretty much based on the claimant's failure to provide information, and has been that way for years, nothing has improved... sigh. As you have had a couple bits we'll want to amend accordingly. Did the statement entries shed any light on things for your son btw?

Example Defence

[cornish pasty]

Sadly, and annoyingly, it's actually pretty unusual to get a full response before you file your defence - the example defence is pretty much based on the claimant's failure to provide information, and has been that way for years, nothing has improved... sigh. As you have had a couple bits we'll want to amend accordingly. Did the statement entries shed any light on things for your son btw?

Example Defence

yes, it did turn out to be the account is his, he just doesn't remember it being managed by vanquis.
he checked with his bank and the final payment was paid from his bank.
He has a history of mental breakdowns, so can't recall why he suddenly stopped paying.
doesn't remember ever receiving any default notice, assignment details or letters from the previous collector's mentioned in the info provided by vanquis via SAR.

[Amethyst]

No worries, and people stop paying these things for lots of reasons, it doesn't really matter tbh, but at least you know it's not an ID theft issue you need to be worried about now so that's good.

Does the date his bank gave for the last payment he made to Vanquis match up with the date of last payment given by the claimants?

Changes nothing as to the defence btw, other than we don't have to suggest it might be fraudulent, … but it is still the claimants who need to provide documents and you've had nothing from them as yet have you, only the SAR stuff from Vanquis.

[cornish pasty]

No worries, and people stop paying these things for lots of reasons, it doesn't really matter tbh, but at least you know it's not an ID theft issue you need to be worried about now so that's good.
Does the date his bank gave for the last payment he made to Vanquis match up with the date of last payment given by the claimants?
Changes nothing as to the defence btw, other than we don't have to suggest it might be fraudulent, … but it is still the claimants who need to provide documents and you've had nothing from them as yet have you, only the SAR stuff from Vanquis.

claimant didn't give date of last payment, it was vanquis
yes it does match 07-03-2012 was when bank made last payment.
you are correct, we have received nothing from the claimant or their solicitors.
vanquis details date sold to Lowell as 22-05-2013 but the claimant says it was assigned 31-05-2013
claimant says acc defaulted 31-12-2012, but credit report says 31-10-2012

when Lowell asked in the past about this account, BW legal replied,
they say payment has been made in the last six years, but vanquis has confirmed there hasn't.

they couldn't even put the right date on the letter, put 2017. Don't know if this was error or deliberate

[cornish pasty]

Be letter

[Amethyst]

claimant says acc defaulted 31-12-2012, but credit report says 31-10-2012

So if the default date is taken as cause of action ( which it has been in court cases recently rather than last payment date ) it wouldn't be statute barred - but as it was 7-10 months from last payment to default it is possibly arguable so we should include SB in the defence and let them argue it themselves.

Just going to have a mooch at that letter you've just posted...

[Amethyst]

Ha, well point proven with that letter, they are on one hand relying on the date of default, then reverting to 'last payment' in the same sentence.... whichever they will need to provide evidence. You can plead last payment in the defence and go from there.

[cornish pasty]

Ha, well point proven with that letter, they are on one hand relying on the date of default, then reverting to 'last payment' in the same sentence.... whichever they will need to provide evidence. You can plead last payment in the defence and go from there.

The reason no reply to the CPR request is "they have gone away" apparently.
what sort of solicitors use an address on court claims, then claim they're not there.

[Amethyst]

Eh ? Weird !!

your address looks right - Enterprise House, 1 Apex View, Leeds, West Yorkshire, LS11 9BH ? Just to check..

cant see anything saying they've moved on their site or anywhere