Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Lowell claiming - old Very CAT debt

    I started this thread a year or so ago, and received great advice.

    In the end, we sent CCA requests to the creditors and I believe two sent responses.
    We didn't make any settlement offers.
    In fact we decided in view of the fact that the defaults would likely remain whatever we did to do absolutely nothing and see what happened next.

    The baby is now 10 months old, and our housing situation is now secure
    - some family money has meant that a house is now owned outright in my sole name,
    for the time being we no longer need to concern ourselves with mortgageicon applications or credit checks for tenancies.


    Obviously those maternity leave savings are long gone!
    However, we have been putting around 180 a month into savings,
    earmarked ideally for future unforeseen events
    but with the idea that they could be used to pay off anyone if that really becomes necessary.
    That figure currently stands at about 600, but will hopefully continue to grow now I'm back at work.

    Obviously things have moved on from the creditors side and various threatening letters have started to arrive.
    The most recent today, from Lowell, who it appears have bought the shop direct debt (2487), which is entitled 'pre-legal assessment'.
    Do we need to be concerned by this?


    From a quick search it would seem perhaps not, or at least not yet?
    I understand a claim formicon is the one thing that should not be ignored.


    If that arrives though, what would happen next?
    The history of these debts would mean their becoming statute barredicon is still a long way off (5 years).
    Am I missing any other possible responses to a claim form that would have a positive outcome for him / us??


    Any more advice would be appreciated.


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    Default Re: Initial advice on partner's unsecured debts

    CCA Requesticon time if you get worried.

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    Default Re: Initial advice on partner's unsecured debts

    Hi Molly

    Glad to hear life is on the up for you
    Did you ever get a response on a CCA from Lowells?


  4. #4
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    Default Re: Initial advice on partner's unsecured debts

    Sorry for the delay in responding. Life has got on top of me...

    I've pasted this from further up the thread. CCAs were sent to all of them. I've noted what came back and where things are at now with each.

    Capital One
    Date of default 09/05/16
    Default balance 566
    Current balance 562

    Replied with 'a reconstituted copy of your original agreement'. This did include a scanned copy of the signature page. Returned on 12th October 2016. He got a letter recently saying that this has been passed on to Lowell.

    Lloyds
    Date of default 10/06/16
    Default balance 1555
    Current balance 1553

    Never replied to the CCA. Wrote this month to inform that they've sold the account to Robinson Way.

    Barclaycard
    Date of default 01/08/16
    Default balance 590
    Current balance 589

    Also never replied to the CCA. As far as I know, we've heard nothing from them.


    An unsecured loan:

    Madison CF UK (118 Money) - taken out 22/07/2014
    Opening balance: 2905
    Date of default 31/03/16
    Default balance 3630
    Current balance 3625

    Didn't reply either. Again, nothing from them to my knowledge.

    An account with some kind of 'buy-now-pay-later' catalogue

    Shop direct finance
    This is showing as not in default - oddly,
    this is showing as no account information in recent months (since Stepchange got involved) on noodle
    Current balance 2493

    He received a reply from this one, which said an application was made through their website using an online form and terms and conditions were accepted by ticking a box. A standard issue credit agreement has been printed off and enclosed. This is the account that has been passed to Lowell, and was the subject of the 'pre-legal assessment' letter I mentioned above.

    The last token payments through stepchange were made in December of last year.

    Is there any value in re-sending CCAs? Or should I just keep filing the letters away and hoping 5 more years will pass as the last one has?

    Any advice welcomed.


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    Default Re: Initial advice on partner's unsecured debts

    I wold expect the lowells ones have been SOLD not passed on.
    so a CCA Requesticon on those two yes.

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  6. #6
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    Default Re: Initial advice on partner's unsecured debts

    Let me start by saying how thankful I am to this site and the knowledgeable posters who are always so quick to assist.

    It is so much appreciated!

    The letters continue to arrive and a somewhat worrying one came on 31st December
    (I know I should probably not have left my query this long...)

    It's a letter of claimicon from Lowell Solicitors in respect to the shop direct account with a balance of 2487.

    They say they are going to issue a claim without further reference to my partner.

    I never did send the CCA, and feel v stupid about that now.

    Should I do that today with urgency?

    What is likely to happen next?

    Thanks for your advice, as always...


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    Default Re: Initial advice on partner's unsecured debts

    they do issue claims regardless, of outstanding issues

    send CCA Requesticon now with 1.00 Postal order "For Regulatory purposes Only" use

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  8. #8
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    Default Re: Initial advice on partner's unsecured debts

    Thank you. I will send it today.

    Do you know which section of the act this account would fall under?

    It wasn't a credit card, looks like it was some kind of finance on goods but as it wasn't my debt it's hard to know.

    The original creditor was 'shop direct finance company limited' and it seems it was taken out online at very.co.uk


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    Default

    read the posts under the CCA Requesticon link

    if its a pre action protocol letter like here
    https://www.consumeractiongroup.co.u....-1st-Oct-2017

    you need to read and follow post 6 in the above

    just reword where it says credit card to shop direct mail order account

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  10. #10
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    Default

    Thank you dx100uk, it does seem like it was one of these.

    So I should send the CCA today with the form filled in as described in the linked post?

    Can't believe I have left this longer than the prescribed 30 days! That is likely to make things worse I fear...


  11. #11
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    Default Re: Initial advice on partner's unsecured debts

    doesn't matter.

    so PAP response form in post 6 of that thread
    and
    CCA Requesticon

    1st class post today
    use free proof of posting from the PO counter when you get the 1PO for the CCA Requesticon

    don't forget..DO NOT SIGN ANYTHING

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  12. #12
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    Default Re: Initial advice on partner's unsecured debts

    Have filled in name & address, boxes D&I, & printed name only.

    Written a separate list of the documents required (no room on the form)

    Do I staple both of these to the CCA letter & send all together?


  13. #13
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    Default Re: Initial advice on partner's unsecured debts

    I am in the same situation as your other half due to family situation and long term illness from work so my disposable income plummented ,

    I offered f & F to everyone explaning the situation and said this is the offer take it or leave it

    2 did other did not but with the risk that I would be paying them 1 a month .
    It take some doing

    but the first thing to do is do a I & E form like on the nation debt helpline and then you can see what disposable income he has .

    As long as the debts are solely in his name then its his income you put done and if it comes down to it all he can offer is 1 month then that's all they get . Also stay off the phone .

    Put is bluntly no one can get blood out of a stone .
    But believe me when you get it all sorted it is such a weight lifted from your shoulders


  14. #14
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    Default Re: Initial advice on partner's unsecured debts

    Quote Originally Posted by mollywobbles View Post
    Have filled in name & address, boxes D&I, & printed name only.

    Written a separate list of the documents required (no room on the form)

    Do I staple both of these to the CCA letter & send all together?
    Lowell sols are the same address as lowells so yes

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  15. #15
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    Default Re: Initial advice on partner's unsecured debts

    So I did this and a week ago had something back from Lowell Solicitors...

    'Please find enclosed a copy of the agreement, statement, screenshot of the default notice and notice of assignment as requested from the original creditor.

    We have suspended activity on the account for 30 days to allow you time to contact us with your intentions towards the above balance.

    If no response is received, a county courticon claim formicon may be issued incurring costs. If you do not respond to the Claim we may apply for a County Court Judgement (CCJ) which could impact any future credit applications, etc...'

    Enclosed was a letter introducting Lowell (July 2017), a indecipherable screenshot of something printed in green on a black background, and a copy of the credit agreement (unsigned). There is nothing detailing the payments made on the account, which I'm sure was one of things requested.

    The original credit limit was 1000. The balance now stands at 2487.09.

    Does anyone have some advice on what we should do next?

    Thanks in advance.


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    Default Re: Initial advice on partner's unsecured debts

    Post up the docs plz


  17. #17
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    Default

    Hope this is ok!

    Attached Files

  18. #18
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    Default Re: Initial advice on partner's unsecured debts

    well the agreement wont be signed will it
    you signed up online?

    but that's all std stuff they can download even from this site and type you husbands name on to it.

    no default notice either

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  19. #19
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    Default Re: Initial advice on partner's unsecured debts

    I think the green / black thing is supposed to be the default notice, or a screenshot thereof..

    Yes, you're right it taken out online, so I suppose the lack of signature is to be expected.


  20. #20
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    Default Re: Initial advice on partner's unsecured debts

    no its a screen shot of some computer data screen
    but it wont wash as a default notice

    they've tried that grab a screen act = proof of a DN before and failed.

    if you use our search CAGicon box of the red top toolbar

    you'll find them

    something like

    Lowell claimformicon cat debt

    look for other attachments in posts like a claimant witness statement ...CCA return or CPR return

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