BW Legal letter of claim

[Angie D]

Good evening all

I have today received a letter of claim from BW Legal acting for Lowell Portfolio 1 and they are stating they will take me to court for non payment of an o/s debt to Vanquis.

It states the account was opened in 2011 and closed on default in 2013.

I do vaguely remember it and i think there were some problems but i can't really recall it.

It has been some years since i heard from Vanquis and now suddenly i get this letter.

I have no idea how they found my address and the debt is in my maiden name. I have been married nearly 4 years and never to my knowledge received any correspondence.

Should i submit a CCA Request to BW Legal and also fill in their paperwork.

Any advice appreciated.

[warwick65]

Re: BW Legal letter of claim

Hi Angie

Yes step 1is to submit a cca request to Lowell with the fee etc.

Step 2 is complete the forms, I would tick box D I deny the debt, for now anyway. Then ask for
The agreement
The default notice
The notice of assignment
The deed of assignment

I am on my phone atm but I have answered another post in this section earlier, might have more details

[Debt Camel]

Re: BW Legal letter of claim

Should i submit a CCA Request to BW Legal and also fill in their paperwork.

See this article on how to complete the reply form: https://debtcamel.co.uk/letter-before-claim-ccj/. This allows you to ask for the CCA agreement and a statement of account - they should then produce these before starting any court claim.

[warwick65]

Re: BW Legal letter of claim

Great post but remember the cca request is separate and goes to the creditor with the fee. You also ask for the agreement on the form

[Angie D]

Hi all, i have attached a copy of my letter I sent to BW Legal and I have also attached a copy of their reply. Before I go any further could someone please look at the credit agreement and advise if it is enforceable.

Thank you

[Angie D]

Hi all, i have attached a copy of my letter I sent to BW Legal and I have also attached a copy of their reply. Before I go any further could someone please look at the credit agreement and advise if it is enforceable.
Thank you

[Angie D]

HI All,

I wonder if someone could take a look at this and advise me further? They have only given me 14 days to respond.

I submitted my letter on 13th December and they have supplied the following:

1) Credit Agreement - stamped
2) A statement of transactions
3) Notice of Assignment
4) Default Notice

But not much else.

Any advice would be appreciated.

I wanted transcripts of telephone conversations / records re the payment insurance in particular.

I fear I am running out of time.

Thank you

Angie

[Amethyst]

Hi Angie, Just redacting the docs for you and reading back through your thread xxx

Credit Agreement Redacted attached
Letter attached

[Amethyst]

Okay the agreement does look complaint - the notice of assignment too although there should be one FROM Vanquis as well - I can't see the default notice though ? Is that a template too ?

The transcripts regarding the insurance issues would have to come from Vanquis and you'd need to send them a Subject Access request for that Subject Access Request Letter

so these bits

1. All records held that are relevant to this case, including but not limited to, the following:

• A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.
• Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.
• Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held with Vanquis Bank PLC is required.
• True copies of any Notices of Assignment and /or Default Notices or Enforcement Notices that you claim sent to me.
• Documents relating to any insurance added to the account, including the insurance contract and terms and Conditions, date it was added and deleted (if applicable.)
• Details of any collection charges added to the account; specifically, the date they were levied, the amount of charges, a detailed financial breakdown of how the charges were calculated, and what they cover.
• Specific details of the fees/ charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each one related to plus the dates they were levied.
• A list of Third Party agencies to whom my personal data has been disclosed to and a summary of the nature of the information disclosed.
• Copies of statements for the entire duration of the Credit Agreement.

What was the issue with the insurance ?

[Angie D]

Thank you for the quick response.

I will attach the remainder of the docs shortly.

I have been racking my brains trying to remember why i stopped paying this and i think i put it in dispute at some point because of charges and i believe i cancelled the repayment insurance but they kept charging it. I think i had no response and then i just forgot about it.

The credit agreement does not show my signature. Is this relevant.

Also, i got married in Dec 2013 and all of the documents provided have out of date addresses on them so i never would have received them.
Is this relevant.

Angie

[Angie D]

Remainder of documents attached.

[Diana M]

Remainder of documents attached.

Your name (i.e. personal details) are on those documents which you’ve uploaded on this forum so you need to remove those to protect your identity.

Di

[Amethyst]

Also, i got married in Dec 2013 and all of the documents provided have out of date addresses on them so i never would have received them.

It depends when you moved and if you informed Vanquis of your change of name and address at the time. If the Default notices went to an old address despite you being able to evidence you informed Vanquis of the move you might have an argument.

Otherwise the Default and Assignment notices look fine, and the credit agreement looks compliant, so if they did go to court it seems they would have their paperwork in order. You can look at sorting out an affordable payment arrangement, or negotiate a full & final settlement to avoid the court action and potential CCJ. As you only defaulted on the account beginning of 2015 the Default will stay on your file until 2021, but if you got a CCJ in 6 months time it would be on your file till mid/end of 2024. However this insurance issue wants looking into so I think you should still get a SAR off to Vanquis and reclaim any PPI / ROP ( ROP info https://debtcamel.co.uk/vanquis-rop-refund/ ) and charges. You could wait for court action and defend the ROP & Charges or counterclaim however that's a bit risky as you'd still get a CCJ for the remainder of the debt, so I think sort out settlement/installment on the Debt with Lowell and reclaim from Vanquis directly ( you could use any refund to pay off the arrangement with Lowell quicker ). Just my thoughts though, others may think differently.

[Diana M]

the Default and Assignment notices look fine,

Except the Default Notice is dated 9th January 2015 (Page 1) and the last paragraph (Page 2) refers to the inclusion of the Office of Fair Trading information sheet yet responsibility for consumer credit regulation was taken over by (transferred to) the FCA on 1st April 2014.

Di

[Diana M]

I submitted my letter on 13th December and they have supplied . . .

Can you clarify if you only sent a reply to the Letter Before Claim to BW Legal but not a formal s 77-79 CCA Request together with the £1 statutory fee to Lowell with a copy to BW Legal?

If you've not sent a formal CCA Request to Lowell then I suggest you do that now regardless of what documents have been produced by BW Legal.

If you took out insurance and this was referred to in the 'credit agreement' then they may have to produce the separate Ts & Cs for that in order to comply with s 78 CCA (s.18 multiple agreements).

Di