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Vanquis CC account in dispute, Lowell sent fraudulent CA, now taking me to court!!

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  • Vanquis CC account in dispute, Lowell sent fraudulent CA, now taking me to court!!

    Hi Group, this is my first post, i hope someone can help me.

    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 not be legally binding, so i wrote a number of letters to Mike Lenora CEO at Vanquis asking for verification so i could settle the account. I did not get any reply, 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.

    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 yesterday came a claim form from the bulk centre where they have lodged a claim against me to recover the full amount.

    So, what is my best course of action in this matter?? I have all the original paperwork and letters still to hand to back up what i have done. I wait for your advice.

    Thanks in advance.
    Tags: None

  • #2
    Originally posted by jezmeister View Post
    Hi Group, this is my first post, i hope someone can help me.

    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 not be legally binding, so i wrote a number of letters to Mike Lenora CEO at Vanquis asking for verification so i could settle the account. I did not get any reply, 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.

    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 yesterday came a claim form from the bulk centre where they have lodged a claim against me to recover the full amount.

    So, what is my best course of action in this matter?? I have all the original paperwork and letters still to hand to back up what i have done. I wait for your advice.

    Thanks in advance.
    A copy of the agreement not a photocopy? how do you expect them to comply with that request? besides i cannot see legally they have to do so
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Sorry, my mistake. I requested the original signed agreement, NOT a copy. Hope that is clearer for you now.

      Comment


      • #4
        Originally posted by jezmeister View Post
        Sorry, my mistake. I requested the original signed agreement, NOT a copy. Hope that is clearer for you now.
        Hi there

        Ok so on what basis do you consider that the original agreement must be provided and why do you want it. Iam asking because i want to try and understand the reasons why, it makes it easier to advise when you know why a person is asking for X or Y.
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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