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

[FlamingParrot]

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

Good Morning all, well, Lowlifes, what a joke! They have received my CCA request, and are trying to fob me off with a request for an account that is statute barred. I know this as I have had a copy from experian. The CCA request is for a vanquis credit card that i foolishly took on. They are looking for the original credit agreement for a very old Lloyds account that is definitely SB'd as it dropped off my credit file last year.

Just bear in mind that doesn't mean it's SBd, not if you made any payments after the default was recorded, went into a DMP or sent any written offers of repayment. Of course if you didn't, then it's definitely SBd.

I keep a close eye on my credit file now. Anyway, my follow up to the letter will be stating this is the wrong account as they should know which account they are chasing me for and i require a copy of the CCA before, as lowlifes lost not long ago with a claim on the same account. They now have the correct account number (i think) so have started it all over again. `just wondering what my next course of action would be..I could have put the account number on the letter for the CCA but why should I? It is up to them to keep a record of their own accounts.?

No action would be the best action, there's no need to chase them for the CCA request, remember that they can't enforce the account as long as they remain in default of that request.

It's more than obvious that all these claims are issued hoping for default judgment.

[jon1965]

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

Are Lowells trying to beef up their assets by getting CCJs ? Just about everyone I see is from them.

[beaconsman]

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

their current course of action wont do them any favours with me as I have already had this account contested and fought off a cci.

[nemesis45]

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

their current course of action wont do them any favours with me as I have already had this account contested and fought off a cci.

If they do start another claim they will have to have some very concrete reasons for attempting a 2nd bite at the cherry.

nem

[beaconsman]

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

Their reason is now they have the correct account number....shoudl have got it correct before they sent me the claim form shouldn't they...

[jon1965]

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

Their reason is now they have the correct account number....shoudl have got it correct before they sent me the claim form shouldn't they...

So are you saying that on their letters to you , there was no account number from the OC or a wrong account number.
Or are you saying that on the claim form the account number they used was for a completely different account , if so that claim should fail

[beaconsman]

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

not had a claim form. I sent off a CCA request, they sent me a letter with usual speel. They have contacted Lloyds. Lloyds account is no longer on my file. I wanted to get the credit agreement from vanquis. The only one with default on my file. I'll send another letter tomorrow regimenting them that the 12+2 days is due to expire soon and they will be in breach.

[nemesis45]

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

not had a claim form. I sent off a CCA request, they sent me a letter with usual speel. They have contacted Lloyds. Lloyds account is no longer on my file. I wanted to get the credit agreement from vanquis. The only one with default on my file. I'll send another letter tomorrow regimenting them that the 12+2 days is due to expire soon and they will be in breach.

Yes they should have the right details before making contact.

Personally if they haven't complied with the CCA request I'd let it be for a while, pushing them at this stage may prompt an attempt to produce a reconstituted agreement to satisfy the CCA request.

nem

[beaconsman]

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

thanks, Nem, I didn't put the account number on the cca request letter (not sure if this was proper procedure) however, surely they would know which account (especially one they bought) i am requesting the CCA for?..Not one that is approximately 7 years old and has disappeared...

[nemesis45]

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

thanks, Nem, I didn't put the account number on the cca request letter (not sure if this was proper procedure) however, surely they would know which account (especially one they bought) i am requesting the CCA for?..Not one that is approximately 7 years old and has disappeared...

My approach is to "ask" for a copy of the " agreement/contract mentioned in the Particulars of Claim No. xxxxxxxxxxxxxxx" on a CCA request, as you say the claimant should have this to hand prior to issuing a claim.

nem.

[beaconsman]

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

They haven't issued a claim on this one yet. They have on the amount but it was the wrong account number.

[jon1965]

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

No claim has been received

I feel that if you send a CCA request off without some reference as to what account it is about or which one it is they would not be in default of the request
Just add the account number to the CCA request or at least tell them which account it is

[beaconsman]

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

ok, Ill send a letter to point it out.

[FlamingParrot]

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

Sometimes account numbers change when debts get assigned (sold), the new owner gives it it's own account number, which will be in all their correspondence, so you can use that on your CCA request, since you will be sending it to whoever owns the account. The will not have the documents as they are not acquired when they buy the accounts in bulk and will have to go back to the original lender for them.

A CCA request is not directly related to a claim, ideally they should be sent long before a claim is issued, I sent a few back in 2010, still no claim, ray: maybe because I did point out their mistakes back then so they decided not to issue one.

[beaconsman]

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

Hi all, well 12+2 days has passed, nice chaps at Lowell are asking Lloyds for the original CCA...hmm, thanks, point no 1. this is sb'd anyway (not even on my credit file) point 2, they have chased the wrong the cca. I was going to fire off a letter stating the 12+2 days has passed so they are in breach, would this be ok? i don't intent to send off another £1 fee with me giving them the details (i am not working for them!) of the account they should know about anyway, given that they enter it no my credit file every month..