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Hello, I have received a Tomlin Order offer from Lowell and wonder what to do next? A bit of the history of the debt.
1.CC claim received in January 2020 from Lowell (alleged Vanquis debt £3000).
2. Defence submitted in Feb 2020.
3. Requested docs from Lowell and sent SAR to Vanquis. Asked both for agreement. Vanquis sent me statement of account and Digital Signature Application.
4. Received settlement offer from Lowell to pay £20/month full amount. I ignored.
5. Sent reminder to Lowell about CCA. Received nothing.
6. Received Directions questionnaire from Lowell, filled it and sent it back. I was going to offer 5%-10% settlement because no CCA.*
7. Today received another settlement offer to pay £20/month the full amount via Tomlin order. Also received docs from Lowell - Digital Signature Application, statement of account (both same as sent from Vanquis) and Default Notice, although when I have sent SAR to Vanquis they have not sent me default notice even though I have asked for it specifically.*
From what I understand because Lowell sent me Digital Signature Application, SAO and DOF, they think they can proceed to court and win the case. They said in email: 'find enclosed the Digital Signature Application, Statement of Account and Default Notice in relation to the claimed debt. We have therefore discharged our duty to prove our debt to the Court on the balance of probabilities.'*
*I thought they have to provide me with CCA as they are enforcing it and without it they can't take me to court even if the debt is mine. That DCA can be filled by anyone with a bit of a search online for info.
I have attached Digital Signature Application and the letter accompanying it. Can they actually win in court without CCA and with these docs? Or is this their last attempt to fool me before court mediation?*
Thanks.*
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1.CC claim received in January 2020 from Lowell (alleged Vanquis debt £3000).
2. Defence submitted in Feb 2020.
3. Requested docs from Lowell and sent SAR to Vanquis. Asked both for agreement. Vanquis sent me statement of account and Digital Signature Application.
4. Received settlement offer from Lowell to pay £20/month full amount. I ignored.
5. Sent reminder to Lowell about CCA. Received nothing.
6. Received Directions questionnaire from Lowell, filled it and sent it back. I was going to offer 5%-10% settlement because no CCA.*
7. Today received another settlement offer to pay £20/month the full amount via Tomlin order. Also received docs from Lowell - Digital Signature Application, statement of account (both same as sent from Vanquis) and Default Notice, although when I have sent SAR to Vanquis they have not sent me default notice even though I have asked for it specifically.*
From what I understand because Lowell sent me Digital Signature Application, SAO and DOF, they think they can proceed to court and win the case. They said in email: 'find enclosed the Digital Signature Application, Statement of Account and Default Notice in relation to the claimed debt. We have therefore discharged our duty to prove our debt to the Court on the balance of probabilities.'*
*I thought they have to provide me with CCA as they are enforcing it and without it they can't take me to court even if the debt is mine. That DCA can be filled by anyone with a bit of a search online for info.
I have attached Digital Signature Application and the letter accompanying it. Can they actually win in court without CCA and with these docs? Or is this their last attempt to fool me before court mediation?*
Thanks.*
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