Lowell CCA provided CCJ threat! HELP

[Astonthomas]

I really need some advice. Lowell have been chasing me for a while for a £3000 vanquis debt. After many letters they passed it on to their 'legal' department and threatened court action.


I requested a CCA using a template from here stating they have 12 days to supply one. I have heard nothing from them apart from a reply saying they would try and get it and I have not been in contact since. This was on May 23rd ( my letter to them)


Fast forward to September and they have finally sent a CCA through with terms and conditions and some statements.


The default was going to drop from my credit file in march next year 2018). I have attached their letter which I received today. I really don't know what to do. I was going to be in a good position to get my first mortgage next summer.


What's my next step, are there anymore templates, do I wait it out? Can I offer a lesser amount or play or so they offer a less amount to me? If I pay anything g does the 6 year clock start sticking from zero again?


I'm so stressed and confused and any help would be much appreciated.


Thanks


Ben

[Debt Camel]

Re: Lowell CCA provided CCJ threat! HELP

HAve you at any time paid the Vanquis ROP product?

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Do you have other debts in a similar position - likely to drop off your credit record next year?

[Astonthomas]

Re: Lowell CCA provided CCJ threat! HELP

Hi thanks for your reply.

what's the rop product?

Yes there is another that that will drop off next year.

What at do you advise?

Im so confused.

[Debt Camel]

Re: Lowell CCA provided CCJ threat! HELP

ROP, see https://debtcamel.co.uk/vanquis-rop-refund/. If you think you did pay ROP, even if only for a year or two at the start, you should put in a complaint to Vanquis about it asap and inform lowell that you are disputing the debt with Vanquis and ask them to hold any enforcement action until your complaint is resolved.

You can't expect that the other debt will get to the drop off point without them taking you to court. You need a plan to deal with that one as well.

[warwick65]

Re: Lowell CCA provided CCJ threat! HELP

Does this letter mention a Letter of claim or letter before action?

While I can't say nothing will happen at the moment they should send a LBA before issuing a claim. I have many a letter from Lowell and their solicitors saying such things but I have only ever had one letter of claim

When was the last payment you made to Lowell of Vanquis?

One last question, when was the account opened?

If a claim does appear there are many ways to fight it and if necessary set up a payment arrangement without getting a CCJ

It might be worth sending a SAR to Vanquis to get all the info on the account they have- or you might want to hang fire

Vanquis may or maynot have issued a compliant DN which is needed the account can be terminated and sold on

[Astonthomas]

Re: Lowell CCA provided CCJ threat! HELP

Thank you so much for this. It's helped. What do you think the best thing to do is. In there letter they have said (it's attached) that if I still believe this to be wrong to supply a crime reference number, as of yet I have not acknowledged the debt.

If i dispute with vanquis, is there a template that could help? Also if it's proved to be true (I suspect it is) will the default on my account have been applied unlawfully by Lowell.

In in regards to the other debt, it's not been passed to a collector and I've never been asked to pay it or been hartases (default applied by original creditor in march 2012. I believe I could have a ppi claim with it so I think that's why they are leaving it go and always have that card to play if they come for it.

What would be he he best thing to say to Lowell, as I have not actually acknowledged the debt, despite what they have sent through. They also said Payment options were on the reverse of the letter but they didn't send these.

ben

[Astonthomas]

Re: Lowell CCA provided CCJ threat! HELP

The letter is attached, they threaten it if I do t respond within 21 days. I've never paid Lowell. The account was opened in Nov 2010

what is an SAR and should I use this if disputing a ROP violation?

Lastly what hat is a DN I have the original credit agreement from Lowell, would all of this ROP and DN be on there and would it matter if I signed it?

Thanks so much for your help!

[Guest]

Re: Lowell CCA provided CCJ threat! HELP

The letter is attached, they threaten it if I do t respond within 21 days. I've never paid Lowell. The account was opened in Nov 2010

what is an SAR and should I use this if disputing a ROP violation?

Lastly what hat is a DN I have the original credit agreement from Lowell, would all of this ROP and DN be on there and would it matter if I signed it?

Thanks so much for your help!

I looked up ROP, it stands for Repayment Option Plan, Lowell is a purchaser of debts, they do attempt to scare people into making payments.
SAR is getting information from the original lender, details of which the debt purchaser usually doesn't have.
DN is default notice.

I hope that helps.

[Astonthomas]

Re: Lowell CCA provided CCJ threat! HELP

Hi bud,

2 things. My account is littered with ROP and repayment option plan charges, it stopped it they have disguised it as purchase interest latter into the account.

Also so the credit agreement says that they would send out my Apr (49 per cent if I recall) when the account was opened. If I don't have this do I not actually have he original credit agreement?

[Astonthomas]

Re: Lowell CCA provided CCJ threat! HELP

Lowell sent through the original credit agreement and statements although they were fully itemised statements.

The ROP accumulated should be enough to get the account looked into by vanquis and a refund of some sorts offered. It's totally unlawful charges! I guess it's there dumb version of ppi and it would have run with interest through the duration of the contract.

I just wonseed if that that happened if there was any way to challenge the default. They've had it on there years and it took Lowell 4 months to come up with an agreement all the while slapping down down defaults each month!

[Debt Camel]

Re: Lowell CCA provided CCJ threat! HELP

My account is littered with ROP and repayment option plan charge.

Then put in a complaint about the ROP. This has a realistic chance of resulting in a significant refund.

This has got nothing to do with any other defences you may have. Having said that, nothing you have said suggests that the debt is statute barred and they have already produced a CCA. So those possible defences aren't that likely to work. Arguing that a CCA is non-complaint is possible but not that easy.

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Vanquis may or maynot have issued a compliant DN which is needed the account can be terminated and sold on

huh? why? an account can normally be sold even it is is fully up to date...

[warwick65]

Re: Lowell CCA provided CCJ threat! HELP

Sadly for post 2007 agreements they really don't need a compliant agreement but there is always more than one way to skin a cat. I believe Joanna c won against Lowell recently for just such an agreement, maybe even a vanquis although that is a guess.
[MENTION=87380]Diana M[/MENTION]

[Debt Camel]

Re: Lowell CCA provided CCJ threat! HELP

There are, but the ways to skin a cat are complicated ... putting in an ROP complaint is not.

Nor is putting in a PPI complaint about the other debt. Hoping this will just drop off your credit record with no legal action is wishful thinking.

[warwick65]

Re: Lowell CCA provided CCJ threat! HELP

There are, but the ways to skin a cat are complicated ... putting in an ROP complaint is not.

Nor is putting in a PPI complaint about the other debt. Hoping this will just drop off your credit record with no legal action is wishful thinking.

I am not suggesting the OP should not put in a ROP complaint to vanquis although they may say it now has to be done thru Lowell . I certainly think a SAR to Vanquis to get all statements , default date etc is a very good idea .

What I was saying is that it would not be hopeless if a court claim was issued and a defence could possibly be mounted. In any event, should the defence look difficult , mediation and a Tomlin order is a possible way forward.

As for the other debt- we have no idea what it is, if there was PPI or indeed if there are steps that can be taken to deflect any potential court action, we don't even know if it is being actively chased. As of Oct they will have to have a lot more info (hopefully) before issuing a claim

Yes it may seem there are more claims being issued and more CCJ's being won but there are also a lot of debts that are quietly going SB. I know two people personally ( and I don't know that many with outstanding debt) that have had significant debts go SB.

Sending CCA requests and letters is all about timing in my opinion and stretching out the time so they do go SB

[Astonthomas]

Re: Lowell CCA provided CCJ threat! HELP

Hi Camel!

Its ticking down to the time that Lowell said I needed to contact them. I have written the following:

Deal Lowell Solicitors

I am writing to you in regards to the information you sent me earlier this month.

I am currently disputing this account with Vanquis.

I also requested statements, you have not sent any statements, just print outs of transactions These to not qualify as full account statement history. You have also added Repayment Option Plan paperwork to the credit agreement that you have sent through. There credit agreement which you sent is clearly a photocopy of an original agreement and all fonts are the same type. In the middle of this agreement there are two pieces of paper that are in a completely different type font and have been printed out, not photocopied.

I am also requesting any phone calls that were recorded when this account was originally opened. It is my right to have this information and I trust you will send it to me.

(my name etc here)

Is there any law I can quite in this? I will then send the SAR to vanquis. Is it a good idea to say to Lowell that I would prefer to challenge them in my local court and if they want to proceed with this then so be it?

Surely they need the proof of that phone call? How could I possible escalate this to my local court? I'm gonna fight these scumbags to the end!
Cheers