L1882
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Sent three CCA's To Lowell - When is reply deadline?
L1882 replied to L1882's topic in Debt Collection Agencies
I'm now slightly confused because reading the FCA link that oldrouge posted it says clearly if they are not able to produce an agreement, reconstituted or otherwise, the debt remains unenforceable until they can - even though they can chase - and it appears start court action but not complete it? - the debt is unenforceable? Having read that I can't work out what the real legal position is. In the end with the SARS I should have the information I need to hopefully try to reclaim charges - and maybe some PPI. -
Sent three CCA's To Lowell - When is reply deadline?
L1882 replied to L1882's topic in Debt Collection Agencies
So they are not legally obliged to comply with a CCA request? Begs the question why bother with them in the first place - seems like a complete waste of time and effort? My objective is to gather all the information I can on my debts so that I can look at whether I can dispute the debt or reclaim charges etc to reduce the amount owed. I'm also looking at the default dates as it seems they have this set as the date they took the debt on, not the original account default date. I have sent SAR's to the original creditors and looking at advice on here believed I also needed to send CCA's to the current debt holder. -
Hi all Just looking for some advice on timings. I posted 3 CCA's to Lowell on Friday 20/02/2015. Would I be right in thinking they have 14 days from receipt - so basically by the 9th March? Should I be doing any preparation now in the event they do not reply or are unable to fulfil the request?
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Cabot/weightman claimform - Vanquis 'debt'
L1882 replied to rogermeard's topic in Financial Legal Issues
Hi Roger I can't offer you advice, I'll leave that to the experts (and there are many on here, so do listen to them) but what I can tell you is my situation was much like yours, I just couldn't cope with the stress and sorted payment plans as various threats came in. However I am now also sending CCA's and SARs with a view to challenging. I'm still making my agreed payments until such time as I can either challenge them or reclaim some charges to reduce them however I am hoping to at the very least reduce the amount I owe and in some cases completely write some debts off. I see this as being a 'half way' house for me - I've the peace of mind that no legal action is pending but I can also do all I can to reduce the burden through other means. Good luck with it all, I do understand the stress, most on here do only to well, but it is definitely still worth fighting the war, even if on occasion you have to concede the battle. -
Gosh dx I've got bits of all sorts. Via BW Legal I got an SD for debts that Lowell bought for HBOS credit/credit cards (interestingly I've just written to them to request statements as I've not had one in years and they added fees and charges in December that they still haven't refunded or really explained!). I've sent a CCA to Lowell on that last Friday and a SAR to the OC. I've got a CCJ relating to a LLOYDS loan and this current account as well as one for a Credit Card - back in the day LLoyds went very quickly to the court and got CCJ's - bizarrely taking any pressure of me because once they'd done that to my credit no amount of DCA threats made any difference at all to me I said to somebody the other day - oh to have been my wife so I could just walk away from all this - I lost my job, wife and family all at the same time whilst gaining a whole load of crap from banks and DCA's. Still I got to keep the house and it's negative equity so it wasn't all bad
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I didn't defend it DX - it was a poor habit I had unfortunately. However I can't change what I did or didn't do but if I have a chance to reclaim it now then I will. As I've said previously I wish I'd been in a better place at the time then maybe I'd have avoided some of the mess - but cest la vie, I'm onto them all now, all been sent SAR's except LLoyds TSB and now I've got them in my sights and intend to get back whatever I can. I presume step 1 will be a SAR? Once I have the statements etc then I imagine I can make a claim to the bank - but under old rules?
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Hi Just looking for some advice re a bank account and charges added to it. The basic story is this: I had a LloydsTSB bank current account with an overdraft of £500.00. I also had a personal loan with LLoydsTSB. I got into financial difficulties around 2008/9 when I lost my job and had no income. Now at this point my bank account was well under the overdraft - I can't remember the exact amount but it was certainly less than £300.00 overdrawn. Now what TSB then did was pay a DD for the loan to themselves, taking the account over the agreed overdraft then returned a number of other DD's on the same day (utility bills etc) - and added charges for returning these. I couldn't afford to get the account back below the overdraft limit and this led to LLoyds adding charge after charge, month after month until the amount owed had risen from circa £300.00 to £2197.00. This debt was sold to Lowells in September 2013 and they subsequently obtained a CCJ on the account. Now to my real question(s), firstly are there grounds under which I can legitimately reclaim the bulk of the charges added and secondly, if so can I still do this even though the debt has been sold and subjected to court action? I'm considering SAR'ing them but don't want to waste my time/money if it is a lost cause. Any thoughts gratefully appreciated.
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Cheers slick - right I will do.
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Thanks honeybee13 - have got it
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Sorry realise this is not the place but I couldn't see this anywhere - can anybody advise me how to contact site admin?
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Right I've sent a SAR to Barclaycard - will let you know as and when they respond. Would you recommend I write to Scotcall to advise the account is in dispute or just wait until they contact me?
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Was planning to SAR Barclaycard not lowell
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The account shows two entries, the Lowell account shows as default September 2011. The original account shows as closed and satisfied - this account recorded a default as July 2010. I've prepared a SAR and will buy a PO tomorrow so I can send it - or is it safe to send a cheque with this as the original creditor no longer has the debt? If so I can post today.
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No I hadn't defended the CCJ's just made an offer to pay via the courts. My trouble is I am so poorly organised that the time constraints seem to beat me - one piece of advice I'd give everybody looking on here is get all your paperwork together and organised NOW so that you are prepared for all eventualities. It is clear this lack of organisation and keeping copies of letters received etc has cost me a lot of time, grief and ultimately probably money! Oh how I wish I was wired differently. In terms of this account, was opened via Sky. Not sure on exact date it was transferred but it was approx. August 2011. Last payment made was pre this January 2010. I take your point on statute barred but my recent experience has been that in advance of this they take action - presumably because I am home owner. The one thing I managed to keep hold of over this time was my house, my mortgage provider were actually brilliant over the arrears and allowed a very long time to replay the arrears, gave me a payment holiday and then changed to interest only so I could get the account up to date. Now wishing they'd taken it.
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Original creditor was Barclaycard (via Sky). Offer was made in writing. Not sure on exact date of last payment but circa 2010. I have not had a statement on this account in at least 3 years. I took the step of making the offer because as my financial situation has improved so has the aggressiveness of the DCA's - with a number of different legal routes being followed - CCJ a couple of years ago for a bank account, my issues with BW Legal and their SD and another recent CCJ issued (was able to settle this as the debt was a relatively small amount anyway) etc etc. I had this amount available so on balance I figured it was better for me to get a debt cleared at a third than risk another CCJ. On them being doorsteppers - had one turn up in the past from, I think, Moorcroft. Told him clearly he was not welcome and that they should write to me if they wished to communicate. One thing that doesn't worry me is the doorsteppers!
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Why would they owe me money?
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It was a credit card taken out in 2007. Large amount of charges - over half the debt is charges, late payments and interest. PPI is a strange one. There was some sort of payment protection however when I was unemployed and claimed all it actually did was suspend payments, it didn't actually make any payments on my behalf.
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Hi I managed to get my hands on a small lump sum (315.00). I have a debt that scotcall are 'managing' for my old friends at Lowell. The debt stands at around £945.00. I've had a CCA and they have provided the paperwork so it is fairly clear the debt is enforceable so I thought I'd use the cash to make a full and final offer. I wrote to them offering the £315 as full and final with the debt marked as satisfied. The reply I got is as follows:
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I haven't moved in 12 years and I'm still at the address where all the credit was racked up anyway so in my case it makes sod all difference but I can see now how it would for others - again didn't know they could check royal mail redirects! And DX I do agree, challenge everything - I simply bottled it, I know this - hopefully others have more courage but the gamble was a little rich for my tastes.
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A little harsh DX - I faced a simple choice with the SD - I could challenge it or not. Challenge it and risk losing which would have potentially cost me my house and bankruptcy would have cost me my job. I'm a single parent and I had to balance these very real risks against the possibility of winning. I hated meekly giving in, I really did but I just didn't feel I could risk losing as I would not have been able to pay in the event I didn't get the SD set aside. I could picture BW doing a little jig when I folded and nothing would have given me greater pleasure than seeing them lose the argument in court but for the sake of my son I took the 'safe' option - sorry if that offends you. I don't constantly pick up the phone to these people - in fact this is the only time I've spoken to them other than calls over the agreed payments - I haven't spoken to any other debt holder in years. Admittedly I saw red when the debt increased and in the flush of temper did what I know I shouldn't by calling. In terms of checking your credit file triggers debt holders to trace you - I didn't realise that as I assumed it would be illegal. I'm already on there but maybe for others it isn't the best advice so my apologies to all.
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Just a quick post. Thankfully a while back I picked up the link to Noodle for free access to my credit report. Went to check it the other day - something I do frequently but not often enough! - only to see one of my debts had increased by over £500.00! I call the debt holder (Lowell) who don't know why charges have been added but were at least able to tell me what the charges were (interest plus some other legal fees?) but I'd need to speak to BW Legal who were dealing with it. I call BW who confirm it was (in the main) interest being added. Now I asked them whether it was legal or indeed moral to add charges on an account where it was clear the person was in debt trouble and, as relevant, if they weren't the debt owners why on earth were they adding charges. The long and short is they have apologised and said it was an 'error' (yeah sure it was) and are refunding - though I'll end up going back over the fee's I suspect. This is another issue with using the SD route - with a CCJ they at least have to stop all interest, with a payment arrangement like this it appears they are free to add interest. I know most on here will already do this but if you are new to this game - get access to your credit report and check it monthly!
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Not sure I understood all that but does make me wish I'd had the courage to take the b******s on - just had to much on the line, if I'd lost it would have been my job and possibly home gone (I'm a company director - not as grand as it sounds but it's a job - so would have lost it)
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Muchos Gracias comrades
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I was logged in but didn't go via the library (didn't realise it was there). I searched the site and followed a link on a post. I'll check the library now.
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I can't advise sorry but the experts will be along to soon I'm sure but in terms of "anyone else having problems" I think pretty much everybody who has ever dealt with them
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