skurvy
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Again just to give a quick update: Received a letter dated 4th August, again mentioned 'Legal assessment' and how they know he is working and will seek to recover via the courts. However, we have just received another letter (dated 19th August) offering him 40% discount on the debt....all they do is contradict themselves! Obviously, we are still ignoring it! (They have failed to show him anything in regards to the 'debt' and it's not on his credit record)
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Thanks guys! You're amazing and really do put my mind at ease :] Will of course be making a donation, once this is finally behind him!
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Sorry for the delay in responding, just had to double check his paperwork. It's a mess tbh as he kept putting money in to cover the OD charges... But yes the last time he used the account was to pay for something on 6th October 2009. Just a nightmare, as Lowells think they have got him as he stupidly paid them money earlier this year (on something completely different)...so they think he's an easy target and are threatening to issue proceedings on another debt of his. This is why I have started to help him with it, so I really do appreciate ALL of your advice and will of course be making a donation, once this is all behind us! They rely on people like him not fighting back...really frustrating. So do you think the best thing to do is to lodge a complaint and then send Lowells W/P dispute letter. Good thing is they have their date as being default in March 2011 (must be from when Lloyds sold the debt on) :]
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Right I've finally received his SARS request through and from what I can see the 'last activity' was October 2009; so it's only three months away from being SB. This is the crucial stages where stupid Lowells tend to issue proceedings I am going to dispute it with Lloyds for him anyway as per the Financial Ombudsmans guidelines, as his notes clearly state customer advised 'lost job' etc every time they have called him. Although in the meantime, what is the best thing to do with Lowlife's? Any help would be massively appreciated. Many thanks
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Well just to give an update; he received a letter offering 30% discount last month, so he would have to pay 70%...again we ignored them Then received a further letter dated 6th July stating; 'We have not received an offer of repayment from you, so we are now reviewing your account for further action' Now we have received another letter yesterday called the Pre-Legal Assessment; 'We refer to our previous letters. Unfortunately we've still not agreed with you how you'll repay your debt with us and therefore it has been escalated for legal assessment.' I'm now assuming this is where Bryan Carter come into the equation and they will issue proceedings, should I be looking at getting his defense sorted now?
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Thank you DX, you've put my mind at ease :] I'll keep you updated, thank you!
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Well today I have received two letters; The first one dated 22 May reads; We regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non-payment. Failure to respond to this notice may result in further action been (their error, not mine) taken to recover the monies owed by you. We urge you to call one of our advisors to prevent action being taken. Then I have another letter dated; 29th May We have not heard from you We refer to previous correspondence. We have provided the information that you requested and asked you to contact us to discuss the account. We will work with you to agree an affordable repayment arrangement so that this matter can be resolved. What happens next? If you do not contact us within 7 days of the date of this letter to arrange repayment of your account or to discuss the matter, then your account will be passed to our collections department. Your account may, then, be assessed to decide the best course of action to recover the debt or, alternatively, one of our approved debt collection agencies will be instructed to contact you to arrange recovery of the outstanding balance. I can't but feel slightly intimidated by these letters....What does this all even mean?
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Hi DX, I completely agree with you by the sounds of it...he has been 'had'. He took the advice from National debt helpline who advised him that he needs to pay it, unless he wants a CCJ. I'm quickly learning that they're absolutely useless! I have attached a copy of the statement that Lowell's sent to him, apologies for the grainy copy! They sent to us a terrible grainy copy you see! Well least I'm on here now and getting the relevant advice and I really do appreciate everyone's help. They rely on people like us who 'believe' we are getting the correct advice from a government department; but really are getting shafted! (excuse my language). Least I'm prepared this time...I'm ready for the fight and it really is positive seeing so many people win against these bullies!
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He does, he has a very common English surname Exactly what I thought with them having to prove the debt etc and providing a photocopied statement that anyone could of created doesn't prove a thing to me! However, National debt Helpline told me yesterday that due to a ruling in 2008, Lowell's could possibly win at court with it!? And yes I think that's why Lowlife have sent a statement rather than the CCA. Just wary of the fact that they love to issue proceedings at the drop of a hat, so might be best for me to send CCA/prove it letter, so I have proof of everything I have done.
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Forgive me, I thought I made it clear earlier. He's never purchased ANYTHING on credit from Curry's. Hence Lowell's saying they will get a copy of the signed credit agreement. So yes, I'll upload the statement tomorrow. The previous debt that he has nearly finished paying for; was from when he was young and irresponsible and HE DID run up the debt with Halifax. So do you still think it would be worth doing a CCA request on this? (Sorry DX if I sound dumb, just that I'm really not used to this)
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Thanks for your advice DX :] Yes I'll upload it tomorrow when I'm in work, as I don't have access to a scanner at home. But the debt would be six years in August, but as the statement states 'buy now pay later for Curry's'. So it would be six years from the date causation? But more to the point; it's not his debt and so far they have failed to provide the credit agreement. He's not going to pay for a debt that's not his....over my dead body! ha On the plus side, I've told him not to call them anymore and from now on EVERYTHING will be in writing! I will upload the statement tomorrow, blanking off the relevant details etc. Thanks
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Sorry, I think I've slightly confused you DX. This HFC debt is not on his credit file and nor does he have any recollection of it. So of course no payments have been made, as its not his debt. As for the one he's paying...national debtline advised that he has to, as it was his debt and nor statute barred? So we took their advice �� Didn't really have the time or money, which could of possibly been wasted by filing a defence. And certainly can't risk him getting a CCJ, as this would result in him losing his job. Would I not need to submit the prove it aswell? As I've mentioned previously, it's not his debt and the 'statement' they provided is pretty laughable!
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No he would of got a CCJ, as it was a claim form he received. From working in insurance I know exactly what they done, as we would hold of judgement providing the debt was paid within six months...so he had to pay it to avoid the CCJ. The debt was from a credit card that he ran up when he was 18, so we received the claim form on the last 14th day...he didn't want the hassle of disputing. Although are you saying they may not of had the original agreement? He took the advice from National Debt Line, again quoting the ruling of 2008. But hey onto this one; I'm going to fight this one as it's literally a joke. So DX would send a CCA Request and send the prove it letter? As it's clearly not on his credit record and they sent him a 'statement' that I could of created rather than the CCA Many thanks
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I am keeping absolutely everything...they just constantly contradict themselves though. And yes they definitely think he is easy pickings now and that's the problem! He actually didn't get a judgement against him as he agreed to pay it; so you can retract judgement for six months...unless we was to break the agreement and only then judgement would be entered against him. But that one is not the issue anymore; it's this one that they're chasing him on now, which is not on his credit file and he has absolutely no knowledge of the debt! So I'll send my own 'prove it' letter via the link you provided (even though this is what they were meant to be sending him a signed copy of the agreement). But hey I should of knew better than to actually believe them.... Thanks for all your help and I'll keep you posted! As I have a feeling this is going to drag on for a while! haha
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Lowell's stated they're getting a CCA due to the fact it's not on his credit file and confirmed this with a letter. Although maybe I'll submit an 'official CCA request' from my partner (so it's on record too). And the late claim form was for a previous debt that actually was his; it was actually received on the 14th day! I think I'm also going to file a report with the FCA as the letters we receive from Lowell's are always delayed! e.g. last letter was dated 12th May, but was actually only received on 22nd may!
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