dealing with Red and Hamptons

[Us versus Debt]

UPDATE - SEE LAST POST - LOWELL HAVE CLOSED THE FILE WITH A £0.00 BALANCE AFTER NO CCA PROVIDED
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Hi, my partner and I have recently decided to tackle our debts rather than ignore them, and try to set up affordable payments to companies minus unfair charges.

we are being chased by Red and Hamptons - two separate debt collectors for a sum of £13,019.05. Lowell own both of these companies
This was for a bank account and loan that defaulted in 2003. No payments have been made since and a large portion of this is charges.

The last two letters I have are:
14th Jan 08 from Hamptons advising legal action may be taken leading to further charges.
15th Feb 08 from Red advising this has been passed to the Statutory Demand Processing Unit.

Not sure why two comapnies are dealing with this as calls are received from both and nothing else has been received except for loads and loads of calls where they won't speak to me as in partners name and he works 7am to 8pm as a driver and can't take calls!!! They call my mobile though as last DC involved had permisiion for me to speak to but Red or Hamptons won't accept this yet still they call it. Quite often no one talks their end but I know the number calling is them.

We accept we owe money although we haven't told them this but find the excessive charges unfair and do not believe these should be included.

Can anyone advise of how we should tackle this. I have read many posts and it seems that this is not uncommon.

Thanks

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[JonCris]

This lot are both in the same stable of companies.

As there are penalty charges involved & if you feel you must pay them I should calculate how much they owe you in charges & interest Then deduct that figure from what they claim you owe them.

But before you do anything make a CCA 1974 Sec77-79 request for a true copy of the properly executed agreement thereby placing the debt in dispute - details how to do this & template letter on the site

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Us versus Debt]

Obviously Id rather not pay!!! but we can't be in debt forever and well it isn't going to go away. We were hoping the amount of charges were taken off this would vastly remove the amount owing.

[old_andrew2007]

could you sent Subject Access Request letters to the leaners, bank and loan company
Regards

Andy

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Us versus Debt]

what is the CCA and Subject Access Request?

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[old_andrew2007]

Sorry
First thing I said Learners should Read Lenders

The CCA Letter will inform you if the leander had an enforcable agreement the fee 1.00 pound
Creditors and DCAs - Letter Templates & Budget Planner



The Subject Access Request will give info on charges levied, the fee 1o.00 pounds I have seen one or two variations on the site, here is a link
http://www.consumeractiongroup.co.uk....html#post2480

this other link is usful to genrate the Subject Access Request. it will also provide the full address details of the organisation concerned http://www.consumeractiongroup.co.uk...tml#post893520

Advice from many members is don't sign your name, on these requests just pint
secondly send a postal order, it appears some of the devious company could scan your signature and paste it on to a document

Regards
Andy

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Us versus Debt]

ok thanks, thats a great starting help

[old_andrew2007]

I am sure other members will contact you soon with valid advice,

andy

[rory32]

I have moved your thread to the Debt Collection Industry Forum as that location is more appropriate for your thread.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Us versus Debt]

ok thanks, this is with HSBC by the way as not included in my titla of thread.

[rory32]

Yes I know but you are directly dealing with Lowells at the moment. Lowells Portfolio, Hamptons and Red are all part of the Lowells Group.

[JonCris]

& do as suggested - If you feel you must pay (Note: it's my experience that having been passed to these companies that no valid agreement exists) work out what you think your owed in bank charges then deduct this from the balance they claim is outstanding & offer that as full & final

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Us versus Debt]

I would be happy to pay once confirmed what I actually owe not all the charges on top.

Got my usual pay now or else letter.

One of my cats decided to pee on it (not kidding) which I thought was appropiate. I love my cat!!!!!

[JonCris]

It's not widely known but cats know about these things





If you pay anything at all then you will be recognising the whole debt even though it may be time barred or no enforceable agreement exists

I had the same letters & provided you make no contact they will eventually stop writing

[Us versus Debt]

maybe not appropriate but love the animation.

My partner and I have agreed NOT to recognise the debt at all until solid proof is given, ie enforceable contract minus charges.

Got CCA request ready to send and will see what returns

[Us versus Debt]

received another phone cal last nigth from these people - admitedly the girl was ok certainly not unpleasant as I have read on here so I guess I was lucky I just explained what I have sent and what I was after as we are disputing the amount and want to know what the balance has been made up from.
She said usual thing - putting on hold until this has been sent to me and was quite pleasant!!!! I nearly fainted in shock. She must have just earned her comission on her previous call and got some other poor sod to pay prior to speaking to me

[JonCris]

Us I'm sorry to say this but had you taken the time to read the often stated advice on this site you would have seen that everyone is advised NOT to talk to these people either on the phone or in person.

Everything, but everything should be in writing & even that must be done with extreme caution.

It's now possible that even though the debt be unenforceable through being time barred or any other reason by talking on the phone it might be said you have acknowledged the debt is enforceable & are now liable to pay it.

It may also be the reason why the caller was so pleasant - if scaring the hell of a debtor doesn't work try the softly softly approach

Sorry to appear brutal & I may get a rollicking from the mods for saying it as it's not really my place but if members won't listen to well founded advice based on the, often hard won experience of others then they only have themselves to blame if it goes pear shaped

Rant over Please let us know what they send you & if it is unenforceable then we will be able to advise accordingly

[Belaflat]

Acknowledgement of a debt has to be in writing to affect its time barred status.
That being said, the NEVER talk on the phone rule should be adhered to at all times unless you are supremely confident, thick skinned and can cite the relevant legislation at will to counter the bogus law points DCA's will throw at you.

Sorry to appear brutal & I may get a rollicking from the mods for saying it as it's not really my place but if members won't listen to well founded advice based on the, often hard won experience of others then they only have themselves to blame if it goes pear shaped

Joncris does have a good point here also.
Although some advice may seem contradictory at times, it soon evens itself out as various contributors correct, amend or just add to good arguments.

Stay with CAG for the long haul, its the best advice you will get and a damned sight cheaper than any Law firm can offer.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[JonCris]

Belafat Quote

"Acknowledgement of a debt has to be in writing to affect its time barred status." unquote

In a perfect world perhaps but courts have accepted the word of creditors & often DCA's that the debtor did accept the debt was enforceable & won as a result.

In fact as I recall it's happened to some members of this site who didn't follow the Golden Rule NEVER EVER talk on the phone - UNLESS you can record what's being said

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Us versus Debt]

Hi Jon, I agree with what you say and I understnadn about not admitting to the amount or even the debt.

Its a bit difficult not to speak to these guys when they ring several times a day - t least now hopefuly it will go quiet whilst they sort out my CCA. I work during the day so miss most of their lovely calls.

I have said to them when they phoned that a CCA and Subject Access Request ihas been sent to establish whther we owe this debt at all and will not do anything else until this information is sent.

Both my aprtner and I know the account and loan is real but we don't know whether the debt is correct or whether there are unfair charges but we certainly have not said this to the DCA - just advised them of the sent letter.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09