Hi All - VANQUIS / LOWELL / BW LEGAL

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

they usually do this and continue, only at the last minute do they decide they have a case, it is more of a letter to let you know & try to unsettle you in order that you give in, of course you are not???

No way - until I'm convinced that they are water tight I'm not for quitting!

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Hi all - I'm now at the stage where my CPR has not had a response and today is the 11th working day since they received my CCA request (including the date of receipt).

Do I need to be preparing more documents assuming nothing is received tomorrow?

[MIKE770]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

usual performance by these people

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

I wouldn't chase them up at present

[MIKE770]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

read other threads and you will see the way they tend to operate all within the law it seems or on the edge of it!

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

read other threads and you will see the way they tend to operate all within the law it seems or on the edge of it!

So missing the dates in my letters doesn't matter? Is that the basis of my defence when it comes time to submit?

[charitynjw]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

So missing the dates in my letters doesn't matter?
Yes re the CCA request....non-compliance leads to a bar to enforcement while the default re compliance continues.
Not so much re the CPR request, though the parties are under a continuing duty to disclose info so it could be deemed to be unreasonable for them not to disclose.
Is that the basis of my defence when it comes time to submit?
See what, if anything, they come up with.
That's why it's usually best to leave submitting a defence until close to the deadline.

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[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

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Ok so tomorrow my defence is due and nothing has been received - what do I do next?

thanks in advance!

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

If your defence tomorrow Sat you do not need to,have it submitted until 4pm on Monday.

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

If your defence tomorrow Sat you do not need to,have it submitted until 4pm on Monday.

I've just got off the phone to NCC and it seems I'm in a bit of a mess. In trying to acknowledge the claim online I've in fact submitted an invalid defence and they've issued mediation questionnaires on Wednesday which I've yet to receive.

apparently I can amend the defence for £100 or proceed to mediation. Any advice re the mediation option? In truth I'd be happy with a part payment for partial satisfaction or would I have a chance of overturning things if I submit an actual defence

feeling like a real idiot right now so any help would be much appreciated

[Amethyst]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Oops... any idea what you did write in the defence box?

No harm going through mediation before deciding whether to amend.

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Oops... any idea what you did write in the defence box?

No harm going through mediation before deciding whether to amend.

I think I put a one character input just to make the form submit- stupid mistake I know. Not so sure that this is a coincidence but BW have today sent me a default and notice before action for an old payday loan. Am I overthinking it to think they’re almost targeting me as they know this claim is shaky? I rolled the payday loan over multiple times in larger amounts before ultimately not being able to afford the payments -so my initial thought is to make an i affordability claim before they make a claim?

[Amethyst]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

Again, Oops, that'll be why it is invalid. You will need to amend if you do want to proceed with defending the claim. That will cost you £100 if the claimant consents or £255 if not ( unless you're eligible for fee remission) To be honest I don't know how you'd get to Mediation if the defence is invalid as Mediation comes after allocation, which is after Defence has been issued to the Claimant and responded to. Think we might need to see what you had from the court saying the defence was invalid to see what you need to do. Have you had the 'mediation' forms ? ( Directions Questionnaire?)
On the positive side at least you did send the CPR and CCA requests off so if you do need to amend you have something to amend to.

On the PDLs have a read of Debt Camels excellent posting on her site -> https://debtcamel.co.uk/payday-loan-refunds/
When you say BW have sent you a Default, what do you mean? do you mean a notice of assignment? ( might be worth taking a picture and uploading it or email me admin@legalbeagles.info ) ( and yes it may well be they see they've got a 'live' debtor so chucking everything at you at once )

[Shibbytay83]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

I’ve had directions, when I sent the form I re-requested everything from BW and enclosed copies of the original request to both the court and BW. The court haven’t said the defence is invalid just acknowledged receipt- I assume given the lack of response from BW I will get a chance to state my defence in court if needs be?



re the default notice my credit file shows date of default in 2012. This is dated 22/9/17. This time on behalf of another third party but sent from BW. They acknowledge the original default and say my file will be unaffected - generally the tone is it’s a new default to name the new owner of the debt

[warwick65]

Re: Hi All - VANQUIS / LOWELL / BW LEGAL

I wonder if the LBA is to miss Sunday's implementation of the new rules.