Vanquis and Lowell

[sharp777]

Hi everyone,

Looking for a bit of advice.first a little bit of background. I had several debts dating back to 2008 / 2010 totalling around 15k that i fell behind with finally entering into a DMP with Payplan. Around 2016 i decided to cancel my Payplan account and manage the debts myself. I started by asking all for a CCA agreement which i assume due to the age of the debts none were able to produce a CCA and as such the debts became unenforceable, all except Vanquis which i heard nothing from until December this year, when the debt was bought by Lowell.

The Vanquis debt is for £2k. I sent of a CCA request to Lowell and they responded by sending a filled in digital signature application, Im sure you know what i mean as they have been mentioned before on here, along with some Terms and conditions and a print out listing expenditure on the Credit card with their letter on the back of one of the statements.

Rather than proceed any further i decided to send a settlement offer which i have pasted below.

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Dear Sir/Madam


Without prejudice

Your Reference:

I am writing about the alleged debt which you are claiming on the above account.

I can confirm that I am unable to pay the money you say i owe in full.

I am currently not working due to the pandemic, this is unlikely to change in the near future and i have no assets. I have no recollection of the alleged debt in question and in fact accept no liability for it and have had the default you put on my credit file removed.


You responded to my CCA request by sending a spreadsheet entitled 'Application form' on which some of the information is incorrect.

As I am sure you are aware any reconstituted agreement should, however, be constructed in a completely accurate manner regarding the information it purports to represent, no matter what the date of the original document. However I do not wish to be distracted by the complexities of a Claim in the County Court or the time that will have to be spent in defending one.

I can raise £500 through a relative, and I want to offer this as full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability.

If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed, and please confirm in writing that it represents "Full and Final Settlement" to you.

I can pay the amount I have offered as soon as i receive your written agreement.

Please give me details of how I can pay.

I look forward to hearing from you.

Yours faithfully,
************************************************** **

They responded to the above by basically saying my offer was too low, and they offered me a 20% discount to settle.

I am really after some advices here, is it worth sending a counter offer and if so, would they say accept 50% in anyone's experience? or should i just say to hell with it and let it go down the court route? If i went the court route, im not sure i fancy my chances on the basis of the paperwork they have already sent. I took the settlement route as i really just wanted to clear this up as soon as possible and didn't want the hassle with it, but on the other side of the coin, I also don't want to pay these people a penny more than i have to. I guess I am not sure really how far to push them.

Any advice and help would be much appreciated. Is a digital Application form classed as a true copy of a credit agreement?

Just to clarify they sent me the same document types as in this thread
*https://legalbeagles.info/forums/for...-vanquis/page3

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[sharp777]

Hi all again,

From the information i can get from these forums, I do not think Lowell have not complied with my CCA request, i refer to the documents in this post*https://legalbeagles.info/forums/for...-vanquis/page3*of the Digital signature application and the generic terms and Conditions.

Should i write to them and tell them they have not supplied me with a valid CCA? Should i also ask for these documents aswell at this stage?
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1. A true copy of original agreement
2. The Default Notice;
3. The Notice of Assignment
4. Statements of account;
5. The Deed of assignment

Also should the T&C's that Lowell sent do not have a date and my name is printed on the bottom of them. The best outcome i am hoping for is to get a low settlement offer really.
Although I am getting alot of information on reading the posts on this forum i really am not quite sure how to proceed. Any advice's are welcome.*
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[MIKE770]

no never remind them do you want them to find one??? Noooooooooooo

[sharp777]

So best plan at moment is to await them to contact me with their next move then i guess

[sharp777]

I don't suppose anyone can tell me if a Digital Signature Application form is sufficient to send as a CCA?
Same form as in this thread?
https://legalbeagles.info/forums/for...-vanquis/page3

[Celestine]

Yes a digital 'tick box' is sufficient to comply with CCA

[sharp777]

Ah thats a* shame, was hoping i may have some leverage to negotiate a lower settlement offer but if that form complies with my CCA request then no point in continuing further with it and risking a CCJ if i lose a court case.

Thanks for the help.

[sharp777]

I had the default that Lowell put on my credit file regarding the above, removed by Experian. I wrote to Experian and that Lowell could not prove the debt was mine, and that was basically all i wrote. A correction was put on my credit report and the default from Lowell removed, the correction has now dropped off along with the default.

As far as i am aware Experian would of contacted Lowell with my dispute and Experian could only remove the default from my credit file with the lenders permission.

If this is the case could it be possible that Lowell know they can not prove the debt?

I quote from Experian website

"If the lender realises their data was incorrect, your report will be updated to reflect this.
Note that we can’t change or remove a default on your report without the lender’s permission. However, we’ll do everything we can to help you sort out a dispute."

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