**CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Great, Ill get a letter sent off this week to Lowells, stating the account is in dispute, should I mention my intention ti claim back the charges or is that just between Vanquis, not Lowell.

Although you would contact Vanquis about it, you should also mention it to Lowell amongst your reasons to dispute the account. :thumb:

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

OK thanks,Ill fire off two letters, one to Lowells and one to Vanquis. At least Lowells done the job of getting the account statement for me so I can get the charges back plus interest, done this via an online calculator. Once charges are back, it will be around the £80 mark in dispute, then the ROP charges after this. I will never ever get a card like this again, ever.

Advice for the letters?
Lowells: Should I state I intend to get the charges refunded onto account hence the should be placed on hold?...would this lead to culpability in admittance for the debt?
VAnquis: Do I just copy the statements with Highlights on the charges to be refunded? 2. Should I mention the account is in dispute and will not be settled until the charges are refunded? Or would Vanquis not want to know about the DCA (Lowlifes)..? Thanks in advance.


On a nice note, I have today (in this mornings post) received a letter from Lowells with an old account they tried to claim on, full and complete defence by letter last week (..."I believe this account is applicable to Section 5 of the Liitiation Act 1980.....")

Blah blah, speel speel...."this relates to the time passing between now and the time you incurred the debt and WE WILL NO LONGER BE ASKING YOUR FOR PAYMENT.."

"We will not send you any more letters and we have now closed your account with Lowell."

See ya guys, nice try..lol

ME 1 Lowell 0..

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

OK thanks,Ill fire off two letters, one to Lowells and one to Vanquis. At least Lowells done the job of getting the account statement for me so I can get the charges back plus interest, done this via an online calculator. Once charges are back, it will be around the £80 mark in dispute, then the ROP charges after this. I will never ever get a card like this again, ever.

Credit cards are bad enough even the mainstream ones, you pay every month yet the balance never seems to go down. :mad2: The Vanquis ones are much worse!

The only reason for getting one of them would be to rebuild your credit record, that means using it as a charge card rather than a credit card, where you only buy what you can afford to pay within the interest free period, i.e. you pay them in full every month. That way you'd get something on your credit files that shows you have credit and are managing it well (no defaults, APs, etc.) Easier said than done, of course, and that's what they rely on.

Lowells: Should I state I intend to get the charges refunded onto account hence the should be placed on hold?...would this lead to culpability in admittance for the debt?

If you are referring to acknowledging the debt, in theory that shouldn't be an acknowledgment, however, where Lowell are concerned, it wouldn't surprise me if they used it for that purpose if and when it suits them. Also bear in mind that even though you would be reclaiming from Vanquis, they'll see themselves as being entitled to any refund, to be offset from the debt.

VAnquis: Do I just copy the statements with Highlights on the charges to be refunded? 2. Should I mention the account is in dispute and will not be settled until the charges are refunded? Or would Vanquis not want to know about the DCA (Lowlifes)..? Thanks in advance.

Vanquis have sold the account so they wouldn't want to know whether you pay the Lowlifes or not.

You seem very positive about reclaiming the charges from them, hopefully you will succeed. ray:

On a nice note, I have today (in this mornings post) received a letter from Lowells with an old account they tried to claim on, full and complete defence by letter last week (..."I believe this account is applicable to Section 5 of the Liitiation Act 1980.....")

Blah blah, speel speel...."this relates to the time passing between now and the time you incurred the debt and WE WILL NO LONGER BE ASKING YOUR FOR PAYMENT.."

"We will not send you any more letters and we have now closed your account with Lowell."

That sounds like excellent news! :cheer2: :cheer2: :cheer2:

Just a little clarification if I may you mention they "tried to claim on" and a "full and complete defence". Does this mean they issued a claim in court? If so, you should make sure it has been discontinued.

See ya guys, nice try..lol

ME 1 Lowell 0..

YAY! :high5: :high5: :high5:

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Background, info, took the card in in Feb 2012, lost my job in sept 2012. No income so just payed the minimum i could, (wife helped me a little but even now we are own a shoestring and just want a clean credit file when i return to work, possibly sept 2016)

Another matter I am dealing with is those darlings at Vodafone who "lost" Julys payment we made on the 7th August prior to going away (my folks in wales) so not an abroad holiday as we cant afford it. I'll maybe start another thread about this, Lloyds bank, and visa both side with us saying payment left the account to vodafone, but vodafone deny this, visa even gave us the authorisation code for the amount we said we paid! Vodafone still deny they received payment.....

Hi Flaming Parrot, last point, no they didn't issue a claim but threatened to do so, however I now rigorously check my Credit file and was well aware this became SB'd ages ago, so they were off on one (lowell) by trying to get me for two accounts.

"Also bear in mind that even though you would be reclaiming from Vanquis, they'll see themselves as being entitled to any refund, to be offset from the debt." OK, so on that note, should I just approach Vanquis, reclaim the charges back, whilst i fire off a letter disputing the debt with Lowells, on point 1, a true copy of the original agreement wasn't supplied, the terms and conditions they sent me was just a generic one printed from Vanquis' website (cheeky gets!) plus I have doubts out he original electronic agreement that they cant spell my my occupation correctly..

I think I'll hold off telling lowells about the charges at the moment and just say it is in dispute with the OC (vanquis).

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Background, info, took the card in in Feb 2012, lost my job in sept 2012. No income so just payed the minimum i could, (wife helped me a little but even now we are own a shoestring and just want a clean credit file when i return to work, possibly sept 2016)

If the default was recorded in 2012, it would stay in place till 2018, six years rather than four.

Another matter I am dealing with is those darlings at Vodafone who "lost" Julys payment we made on the 7th August prior to going away (my folks in wales) so not an abroad holiday as we cant afford it. I'll maybe start another thread about this, Lloyds bank, and visa both side with us saying payment left the account to vodafone, but vodafone deny this, visa even gave us the authorisation code for the amount we said we paid! Vodafone still deny they received payment.....

Yes, do start a new thread, there's a Vodafone official company rep on board. :thumb:

Hi Flaming Parrot, last point, no they didn't issue a claim but threatened to do so, however I now rigorously check my Credit file and was well aware this became SB'd ages ago, so they were off on one (lowell) by trying to get me for two accounts.

"Also bear in mind that even though you would be reclaiming from Vanquis, they'll see themselves as being entitled to any refund, to be offset from the debt." OK, so on that note, should I just approach Vanquis, reclaim the charges back, whilst i fire off a letter disputing the debt with Lowells, on point 1, a true copy of the original agreement wasn't supplied, the terms and conditions they sent me was just a generic one printed from Vanquis' website (cheeky gets!) plus I have doubts out he original electronic agreement that they cant spell my my occupation correctly..

I think I'll hold off telling lowells about the charges at the moment and just say it is in dispute with the OC (vanquis).

I agree with the above, you can argue they didn't comply with s.78 because what they sent wasn't a true copy of your agreement, that should keep them going for a while. Don't mention the charges. If you do get a refund, with a bit of luck it will be paid directly to you rather than offset from the debt. If the debt has been sold, Vanquis would have to refund them to you and not Lowell, unless there was some sort of buyback clause when the debt was sold. :mmph:

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Postman's just been and you'll never guess what he's squeezed through my letterbox: A Vanquis application form!

What do you reckon? Should I apply? msl: msl:

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

God no! Don't touch them!

Thanks for the advice, I have to go in to town tomorrow (20 miles away) to take a copy of the banks statement showing CLEARED funds that left to vodafone on the 7th August, they cut us off whilst in Wales ( not abad thing tbh as there was no signal anyway!). due to "non payment". Lloyds banks dispute this so so Visa. Offered me £45 off the next bill (i.e September, due on 7th October) now why would they do that?..hmm..lol...

I will get the charges back from Vanquis, If, and only if, all other charges are refunded also, what should i then do regarding Lowells, as I could just pay the debt off with the charges, but this would be admitting liability...or would they write the debt off...now theres a thought.

Adding it up, Lowells would actually owe me money, I'd be in credit, original outstanding amount is approx £200, why are lowells asking for £300? extra collection charge? dont think so muckas! (charges owed £160 (£12 charges, a few of them, plus ROP and interest on that, probably equates to the total that is in dispute, not actual money, just charges, bloody cheek of them!, vanquish and lowlifes..et al...)

Ill donate next month btw, been cracking advice on here..

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

God no! Don't touch them!

Thanks for the advice, I have to go in to town tomorrow (20 miles away) to take a copy of the banks statement showing CLEARED funds that left to vodafone on the 7th August, they cut us off whilst in Wales ( not abad thing tbh as there was no signal anyway!). due to "non payment". Lloyds banks dispute this so so Visa. Offered me £45 off the next bill (i.e September, due on 7th October) now why would they do that?..hmm..lol...

Likewise! :yo: :grin:

I will get the charges back from Vanquis, If, and only if, all other charges are refunded also, what should i then do regarding Lowells, as I could just pay the debt off with the charges, but this would be admitting liability...or would they write the debt off...now theres a thought.

That's a bridge to be crossed if and when you come to it.

Adding it up, Lowells would actually owe me money, I'd be in credit, original outstanding amount is approx £200, why are lowells asking for £300? extra collection charge? dont think so muckas! (charges owed £160 (£12 charges, a few of them, plus ROP and interest on that, probably equates to the total that is in dispute, not actual money, just charges, bloody cheek of them!, vanquish and lowlifes..et al...)

Lowell would have paid £10 or £20 for the debt, you *could* consider offering them a full and final settlement if you must... but let's see how this pans out first. :ranger:

Ill donate next month btw, been cracking advice on here..

:yo:

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

I decided to hold off the letter to vanquis by claiming everything back on one go, i.e. payment charges, Repayment Option Plan (ROP, another word for PPI?) No harm in trying! Ill soon see what this amounts too...also, the original "alleged claim" was for £303 the original debt however was just £200, they banged £75 on top (£25 court fees and £50 solicitor costs) this claim was defended and a notice of discontinuance sent to me.

Can I hold my own and state that this amount has been the subject of a claim before (feb 2015). Only thing has changed is the account numbers as they got the wrong one back on February.

Just wondered really where i stands as the original balance is £200, allegedly. The charges which I cam claiming for is in excess of this! So, they owe me money, if you see where I am coming from as the balance would be wiped out by Vanquis, for the charges if they credited them to the account (they wont do this as they have sold it on to Lowells, so I claim Lowells?

Then I could have just cause for pursing both Vanquish and Lowlifes for undue harassment and hurting my credit file unduly and unjustly.

£25 per letter seems fair.



(just used an online calculator, £330 ish in total charges they owe me, which outweighs the alleged debt...)

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

I decided to hold off the letter to vanquis by claiming everything back on one go, i.e. payment charges, Repayment Option Plan (ROP, another word for PPI?) No harm in trying! Ill soon see what this amounts too...also, the original "alleged claim" was for £303 the original debt however was just £200, they banged £75 on top (£25 court fees and £50 solicitor costs) this claim was defended and a notice of discontinuance sent to me.

Can I hold my own and state that this amount has been the subject of a claim before (feb 2015). Only thing has changed is the account numbers as they got the wrong one back on February.

If they'd previously discontinued the claim, issuing another one can be seen as abuse of process unless they have new evidence that they didn't have when the previous one was issued.

Just wondered really where i stands as the original balance is £200, allegedly. The charges which I cam claiming for is in excess of this! So, they owe me money, if you see where I am coming from as the balance would be wiped out by Vanquis, for the charges if they credited them to the account (they wont do this as they have sold it on to Lowells, so I claim Lowells?

Unless there's a buyback clause, Vanquis should pay the refund to you, however, these things can take time to conclude.

Then I could have just cause for pursing both Vanquish and Lowlifes for undue harassment and hurting my credit file unduly and unjustly.

£25 per letter seems fair.

I'm not sure how successful you'd be, we'd have to look at other cases involving charges. However, charges for writing letters etc. are not likely to be enforceable. I know of cases where this sort of thing has worked but only because the other side couldn't be bothered and agreed to pay, it would never have succeeded in court.

(just used an online calculator, £330 ish in total charges they owe me, which outweighs the alleged debt...)

You can try and reclaim the charges but you still have to defend this claim with Lowell.

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Sorry, no claim has been issued (yet) just more letters. I will fire a reply off along the terms of the agreement they sent and the spelling mistakes on my job description. I will leave the charges letter if I can as that wont help my cause.

As the amount has been the subject of a claim (although discontinued) under different account number but with Lowell all the same, can I argue that they cannot issue a claim on one that has been discontinued? Or can they go after the same amount under a different account number?

Just one i wanted to clarify, the previous claim was the same amount of money (now disputed with charges reclaim) under a different number, someone put a 9 instead of a 0 at the end of the account number.

Now it has been sorted by them, (lowell) they are now chasing the correct account number.

However, no claim has been issued on this one, yet, so I sill start sending letters out as I am reclaiming the charges back firstly. See where i go from there, sorry for the confusion, as of yet NO CLAIM has been issued on this account. There was (technically) one issued in Feb 2015 but I got a notice of discontinuance as the account was not mine (wrong account number) the monies were the same pot the previous claim and the letters I have been receiving.

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Sorry, no claim has been issued (yet) just more letters. I will fire a reply off along the terms of the agreement they sent and the spelling mistakes on my job description. I will leave the charges letter if I can as that wont help my cause.

Fair enough, the thread title confused me as it reads "Court Claim - Lowell/Vanquis". I guess that refers to the old claim.

As the amount has been the subject of a claim (although discontinued) under different account number but with Lowell all the same, can I argue that they cannot issue a claim on one that has been discontinued? Or can they go after the same amount under a different account number?

Just one i wanted to clarify, the previous claim was the same amount of money (now disputed with charges reclaim) under a different number, someone put a 9 instead of a 0 at the end of the account number.

Now it has been sorted by them, (lowell) they are now chasing the correct account number.

They need new evidence to issue a new claim, I guess they could argue they couldn't obtain the documents because they had the account number wrong and now they have obtained them.

However, no claim has been issued on this one, yet, so I sill start sending letters out as I am reclaiming the charges back firstly. See where i go from there, sorry for the confusion, as of yet NO CLAIM has been issued on this account. There was (technically) one issued in Feb 2015 but I got a notice of discontinuance as the account was not mine (wrong account number) the monies were the same pot the previous claim and the letters I have been receiving.

That's much better then, :grin: my concern was that, as you probably know, those reclaims do take time to come through and there is only a limited amount of time to file a defence, however, it looks like Lowell are weary of issuing another claim at the moment. ray: ray: ray:

[beaconsman]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Thanks FP,
yes if it was a live claim, I'd b on it like a Comet! I agree that Lowlifes will be weary of issuing another claim. I have constructed a letter (rather detailed) regarding several issues so I wont post it up ( I can if you want you to peruse it) I am wary of those nice people form various DCA's who.."look in" shall
we say to these forums..

The other letter will be on its way to vanquish also to reclaim the charges back on the account, hence rendering me in the black with Lowells.(and indeed vanquish) ...will they pay me the outstanding amount if i were to get the charges refunded, the harassing letters, the defence of claim back in February?...my time...(£25 per hour should cover it with my my quals.)

[FlamingParrot]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Thanks FP,
yes if it was a live claim, I'd b on it like a Comet! I agree that Lowlifes will be weary of issuing another claim. I have constructed a letter (rather detailed) regarding several issues so I wont post it up ( I can if you want you to peruse it) I am wary of those nice people form various DCA's who.."look in" shall
we say to these forums..

Fair enough although there's hardly anything to hide since you are writing to them anyway.

The other letter will be on its way to vanquish also to reclaim the charges back on the account, hence rendering me in the black with Lowells.(and indeed vanquish) ...will they pay me the outstanding amount if i were to get the charges refunded, the harassing letters, the defence of claim back in February?...my time...(£25 per hour should cover it with my my quals.)

You could claim costs and expenses as a litigant in person if you were defending a claim but this isn't the case here and in any case the LIP rate is £18 an hour.

[MIKE770]

Re: Court Claim - Lowell / Vanquis - 15-1-2015

Fair enough although there's hardly anything to hide since you are writing to them anyway.

You could claim costs and expenses as a litigant in person if you were defending a claim but this isn't the case here and in any case the LIP rate is £18 an hour.

Llp rate now £19.00 P.H.