For Information they were insisting minimum payment of £230 - way more than what i could afford.

I have had an additions catalogue for years and years, last year due to my partner being made redundant I could no longer make the required repayments. I kept up the repayments for a couple of months (hoping that a new job would be found) but then contacted all my creditors and advised them of the situation. They were all pretty understanding and I asked for help from one of the debt management companies, unfortunately due to their huge workload it was going to be several months before I could get an appointment - I again told all my creditors of this, gave them my reference number and told them of the date of my appointment. Additions I have to say were the least pushy of all my creditors, very few letters, no phone calls etc. Meeting took place and after a few weeks, and only when I enquired, was told it would be at 6- 8 weeks before they would even look at my secondary debts, I contacted one of these companies and they advised they had not been written to by the debt management company. So I decided to deal with it myself. I contacted all my secondary debtors (x3 credit card and 2 x catalogues) Put together a top level financial statement (using the initial "gumf" of what a court would class as reasonable each month and to ensure all were treated equally figured out what money I had left to split between them all - this equated to an offer of payment of 0.5 %. All credit cards and the one other catalogue accepted the payment by me over the phone and agreed no charges or interest. On the 19th January when i rang Very / Shop Direct they said they would require an offer of payment and full financial statement in writing and this would be required by 3rd February (giving my 2 weeks and one day). I wrote the statement and letter and posted my next day delivery to ensure it got there for the 3rd, but today received a letter from Lowell's saying the debt had been sold to them on the 27th January. Wanting to know why Very had sold the debt BEFORE the date they told me. I rang up asking if they had received the letter of offer of payment, they said they had but not until the 6th February. I know they would have received it on the 3rd as I sent because I sent by next day delivery and have the proof of this. I was told they receive thousands of letters each day (as far as I am concerned this isn't actually my problem - they should allow for that and not me). When I asked when it was sold I was told the 28th January (so only one week after I phoned them and different to the date both they and Lowells have put in writing). When I asked why it had been sold in January when I was told I had to get the financial statement and letter in by the 3rd - prior to the date I had told it would be sold, I was told "Perhaps they got fed up of the non payment". I put the phone down in disgust at this point. I know it wont make any difference to me now... the debt is with Lowell's but I am absolutely fuming that they did not even give me the opportunity to get a financial statement and offer of payment to them and don't think they should be able to get away with blatantly lying to their customer. My question is: Is this a matter that I can complain about to the FSA for unfair treatment - I know I will have to make a formal complaint to Very about first - but there wont be any point in that unless I can take it further. Thanks for reading.

The Energy Ombudsman is who Energywatch are becoming will only look at cases with the supplier. From the Advantis Credit website it looks as though the debt is not "bought" by Advantis but they work on behalf of the supplier - in this case Powergen. Also the energy Ombudsman will only intervene in cases with the supplier and whereby you are not happy with the response you have received from the supplier, so I doubt, at this stage that they would be able to intervene - unless Powergen have acted incorrectly (which may certainly be the case, but you will need to establish this). Personally I would write to both Powergen and Advantis - send them recorded delivery, provide them with the information of the dates you were living and where. This is the standard worded letter for a debt in dispute: Dear Sir/Madam Account no: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply. Yours faithfully (Your Name) Do not sign Statute of limitations on any debt is non acknowledgment (or payment) on the account within 6 years.

And be warned - with my experience of Lowell's they are quite happy to ignore a large proportion of letters sent - (they ignored 3 of my letters - 1 by recorded and 2 by next day delivery), so keep an eye on things to make sure they have got it. It is also useful to note that sometimes the Royal Mail site does not always show that it has been received (as they sign for letters in batches - you may need to contact Royal mail to get the evidence of receipt emailed over to you).

Thank you kindly. They haven't said they are returning to the original creditor just that they are closing the account and will not be pursuing further. Is it likely that they will return to original creditor in such cases?

bump

Don't panic - It is an unrecorded entry and will not show up when her credit file is checked. You can do two things - pay the debt - if she thinks it does exist, is hers and as it is a low amount. I did not receive a bill or a default notice but a default is still on my credit file and is proving to be an absolute nightmare trying to get it removed. Had I actually received the option to pay and it was a low amount such as your GF's, personally I would have paid it, because in the long run a default will affect my rating and ultimately the rate I will get charged on future credit - I can guarantee will cost me more than £100. Giving in to the bullies? Maybe but more cost effective in the long run and to a certain degree there has to be some negligence on your GF's part if she thinks she may have stopped the DD before all payments were paid.

By paying the debt up until now you have accepted that you own the debt, requesting a CCA now is basic debt avoidance and not something that should be endorsed. If they cannot produce an agreement it doesn't mean it doesn't exist it just means they cannot enforce it through a court. By your own admission you owe the money, if you are having difficulties making payments, contact the companies and try to come to some agreement to reduce your payments.

Questions: 1) I have read about possibly being exempt due to the case being statute barred- Is there anyway I can confirm that I have not acknowledged the debt or made a payment to them before submitting this as a defence- as I would prefer not to show my cards unless I'm 100% sure this is the case. Probably not unless you have a) always denied the debt exists and quoted this in all correspondence or b) kept records of all correspondence with them. 2) If I have not acknowledged it or made a payment within the last 6 years, but my ex has - what will the situation be then? It would not be statute barred as the definition of statute barred is: If a lender allows time to pass without receiving any payment an action for recovery may become barred. 3) If a payment has been made/debt acknowledged, and the debt becomes payable what would be the best option as I'm current not working and have 4 dependant children- and the debt currently is in the wrong name. Contact your local CAB or another charitable organisation (Christians against poverty is another one) who can help come to an agreement with the company. I don't know the legalities but surely your ex is still responsible for half the debt if it is in joint names?

I will try and condense this one..... Started getting harrased by Lowells in June last year - no default notice had been received in relation to debt (by either original company or Lowell's) but default had been placed on file. Sent letter in November requesting CCA (paid by £1 po), Signed true copy of deed of assignment of agreement, any correspondence relating to non payment. - Requested (again) that communication via phone ceased. Received letter confirming receipt. Heard nothing else so sent follow up letter in February and about a month later - requesting that as they could not comply with the request, that defaults were removed (complete deletion not just an ammendment) Reimbursement of £1 fee paid, confirm matter closed and that debt would not be pursued and cease and desist processing of data - no response to either letter, but telephone calls had stopped since original letter. A couple of months later they started phoning again - except their attitude had got even worse than initially (ie saying they were entitled to phone etc etc - obviously hadn't looked at records as they knew nothing of the information that had been requested (even though they had it on file that they had all been received). Took complaint to Financial Ombudsman - who said they could not take further as final response had not been recieved (although I don't know what else could have been done to receive a final response as Lowellls ignored the letters sent). Finally received a final response from Lowells stating that they had not requested the information from original debtor - due to an adminatrative error, and therefore were closing the account and would not progress the debt further. Financial Ombudsman have basically come back now saying they have investigated and will not be pursuing my complaint What can I do next to get the default removed? Also the default was updated in February - although none of the information has changed - why would the date be updated? Thanks in advance

Evening jamjar, You can either sit back and wait for them to provide the information or admit they haven't got the information or wait the 12 + 30 days for them to have committed an offence, I personally sent them a letter once they had committed the offence because I want the default removed and an end to the matter. I sent a letter to Clownells once they had committed the offence with following wording: The time limits, which are detailed within the Consumer Credit Regulations 1983, are clear (prescribed periods for giving information). You must supply an executed credit agreement within 12 working days of a CCA request. Failure to comply within 12 working days of a legitimate request means the account enters a default situation and I am sure you are aware that under Section 78(6) if you fail to comply after a further 30 days you commit an offence. You entered into a default on XX date (enter date 12 working days after receipt) and this account became unenforceable by law and a criminal offence was committed on xx date (enter date 12 + 30 working days after receipt). Also If you check my recent post out here it details what action I expect them to take and what action I would take if they didn't. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137116-lowells-help-please-where.html Hope this helps. ---------------------------------------------- Please tip my scales if this has been useful.

oh also if she is on certain benefits or low income she may be waived the £35 fee, that info is on one of the links above.

Hiya, yes although imprisonment is very very rare and in cases such as this, only if there is wilful or deliberate disobeying of court orders. Imprisonment isn't for the debt itself but for persistently refusing to co-operate with the county courts. Your best bet would be as you say to complete the forms on the link above as they are specifically for those who are unable to keep up with existing payments. Another good site for information is the following: IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help

Only bailiffs employed by the Inland Revenue can force entry and they will be accompanied by the Police: But any bailiff can gain entry by walking through an open door, an unlocked door, or go through an open window. These are two really good sites on their powers: Debt Basics - Bailiff Guide - know your rights How To Deal With The Bailiff Either way if she refuses to pay it can result in impisonment. Why hasn't she paid? and how much is it for? If it is a CCJ debt she can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and an offer of payment (this is obviously only in cases where the debtor cannot afford the current payments) The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court but there is a fee of £35.00. (see info here: The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available ) Please tip my scales if this has been useful.

Hi all, Back again..... right the history of this is I had a Credit Card , when I moved address I gave the CC company my new address, but they did not change their records, last year (4 years after moving) i received a demand from Lowells saying they had bought the debt and owed them a mass of money (around £800), even though I was paying for the CC originally by direct debit, the CC company said there was money outstanding - eventually I got statements from the CC company and over £700 of the amount owed was charges. After complete harrasement from Lowells and even though I requested that they did not contact me (or my partner) via phone they continued to do so until I sent in a CCA request quoting OFT guidelines regarding communication. Letter sent in November: In the letter I wrote that I did not acknowledge any debt and requested that they supply * the full true copy of the alleged agreement (I enclosed £1 payment and stated it was not to be applied as any kind of payment on the alledged debt) * A signed true copy of the deed of assignment * Any correspondence relatong to alledged non payment on account To the above I received the normal we acknowledge your request but it may take longer than the prescribed period - which I ignored as because of these forums I was aware that they still have to supply 12 + 30 days for an offence not to have been committed. Heard nothing so sent official letter 2 at end of Feb Advised they had now entered defualt and committed offence and unenforceable by law, that this was now an official complaint and they had 7 days to respond or I would make formal complaints relating to their conduct to the OFT and Financial Ombudsman and requested that * defaults removed from credit files * Re-imbursement of £1 fee (for CC) * Confirm matter now closed and would not be pursued further * Cease and desist all manual and automatic processing of data. Although I sent the above by recorded delivery I have no confirmation of its delivery so followed up a month later with a final letter saying I want the actions in previous letter taken (and confirmed within 7 days) or would take all action to remove unlawful default notice and may: * claim for compensation for damage and distress as a result of unlawful data processing *pass matter to relevant authorities, ie OFT, Information Commissioners Office, Trading Standards, the CSA, FOS This letter was received and I have proof of delivery They committed the offence (by not supplying data) 30 + working days ago. And I have not heard a thing from them. So my questions are: 1) Have I so far taken all the correct actions - have I missed anything? 2) Where do I go from here? 3) Should I give them more time or just start all the actions I previously advised I would take? 4) How do I take action (I am happy to take legal action if required) to get default removed (either way they placed a defualt notice on an account when they have no evidence the default actually exists - I am assuming I am right in this assumption) 5) Do you have any links for guidance on complaints to a) OFT b) Information Commissioners Office c) Trading Standards d) CSA e) FOS Thanks In advance and sorry this has been such a long post.

Thanks all for your quick replies. boyboynova it is good to know I am not the only one it is weird that even the RM website shows no details whatsoever on the two letters sent. I will mail them again on Monday sending to the non PO address and to the payments department.

Firstly thank you to all the posters that have given advise Re Lowells they have been invaluable to me. I am at the stage now where I have reached a brick wall with Lowells. After disgusting harrasement from Lowells and them refusing to stop ringing multiple times a day (even though I said I would not discuss over phone with them) and them coming up with multiple reduced "deals" which then changed when they put them in writing, I sent a CCA request to Lowells, got the standard we acknowledge your letter and request but it may take some time to process letter from them (But putting it in writing that I would report them if they continued to harass via the telephone worked as they immediately stopped even though they said they could not stop ringing as my number was on an automatic dial up). Sent a letter when the 12 + 30 days had expired (actually sent it two weeks after that, so they had definately committed the offence of not supplying). I sent the letter by recorded delivery - it has not been received by them, sent another letter 3 weeks after that by next day special delivery - suprise suprise it has still not been received by them. Thye letter basically says that as they could not prove the debt existed I wanted the default removed from credit file, confirmation that this was now closed and desist all manual and automatica processing of my data (as per a suggested letter I found on these forums) What I can't understand is how firstly the letters are not getting to them and there are no details being shown on the Royal Mail webiste. Is this normal for them to not accept signed for letters? or is it just a case that alot of their letters get lost getting to them. And secondly how they can slap a default on credit files without having the paperwork to prove the debt even exists? I sent the letter to the PO Box BTW - which they have previously received letters from even though they were not signed for? Any help much appreciated. Thanks in adance.