Another one...Lowell

[barney2]

Hi i'm new here and could really do with some advice.

 

My ex and i took out a joint loan 2002/2003, due to circumstances we stopped paying this loan late 2004. We went our own ways and we never heard anything. Last yr my ex got copy of his credit record and raised and phoned bank regarding debt. It never went any further. Then last week he phoned to say Lowell had written to him and threatened court action unless we paid. I've written to Lowell to request cca as weve not heard anything from bank in years. They recieved letter on 28th Nov. Question 1 was this the right thing to do and If so how long do i give them considering its christmas. What is the next step as i'm getting grief from ex his mum and now my mum. Anyone please help.

 

Thanks

P.s 28 wks pregnant and really want to get this sorted asap

[Boro]

They have 12 working days from the day after they received the request, if they do not produce it within this time frame then they cannot take any action against you until they do, if a further calendar month passes (30 days, 31 if ending on a sunday) and they continue to chase for payment its then a criminal offense that they commit , i would just sit tight and see what they come up with, by sending the cca request you have put the matter in dispute, you did include the statutory £1 fee (postal order) didnt you?

[barney2]

Thanks yep put the £1 in with it. Just unsure of the time restraints around christmas with post and everything.

[barney2]

Just had another thought if they don't reply to me by the time is up, can they then go after my ex or will what i've sent them apply to both of us?

[Boro]

Im not sure on that one, because it was joint it may be best if you get him to send them a cca request as well just to be on the safe side

[barney2]

Thanks for your help Boro. Really appreciate it.

 

Just another thought, if they cant provide the cca thats been requested and then the month passes what happens to your credit rating will they change it or will loan stay as unsettled/defaulted till 6 yrs is up?

[Boro]

Your credit report will stay the same, the best you can hope for is that anything that lowells put on it be removed but your still in for a fight there

[ThisVeryMoment]

Best thing is to start making payments. You owe the money and you chose to become a defaulter in 2004. Earlier you start paying, earlier you clear the debt.

 

Out of interest, why have you nothing about this for three years?

[barney2]

Hi

They are still within the 30 time limit and still no response what so ever. Not even a confirmation letter about cca. Was just wondering if they do not provide anything by end of 30 days what sort of figure would people suggest as a full and final. I myself would personally leave it untill they can enforce it, but my ex and his nasty mother wants it down as settled on his credit file. I have no money so was hoping as little as possible. Any suggestions greatly recieved.

[barney2]

I'm still waiting for something from Lowells, after reading some of the other threads im finding it very odd that they have not replied in any way whatso ever. I have never had anything in post myself it was my ex that got original 2 letters but even he hasn't had anything either. Has this happened before? Just really nervous as debt is a large amount can't see them giving in so easily.

[Goldlady]

Lowell are known for chasing unenforceable debts, though not always. I would suggest that the lack of reply is good news. When I sent them CCA letters for two of my cards they finally responded to say that they could not find agreements and were passing the account back to the original creditor. In both cases this was about six months ago and I have heard nothing more.

 

No news is good news IMO:)

[barney2]

Thanks Goldlady, it's a really stressing me this one. If it was just me i'd be happy to just leave it at that and sit back and wait but my ex is not so happy to do that and as for his mother well. If they pass debt back to original creditor can i cca them? Ex wants this down as settled on his credit file. Or can i go to lowells once 30 days is up and try to agree something with them?

[Goldlady]

Lowells will pass the CCA request back to the original creditor. They have to do that. Once you have sent it under normal circumstances you can sit back and wait.

 

I don't think there is much else you can do at the moment. Also, presumably your ex is responsible for the debt as much as you are and in your delicate situation you don't need all this hassle.

 

It seems likely that the debt is unenforceable if they haven't sent your agreement winging back by return of post. However the default will sit on your credit file for 6 years - some people have managed to get them removed but it is a fight.

 

The CCA request will apply to both of you IMO.

 

Assuming it is enforceable why should you have to sort it out on your own? Haven't you got enough to cope with?

[barney2]

Thanks Goldlady, yep i have got enough on at the moment. My ex is responsible for half of this, he got the letter and was ready to pay up and was wanting me to do same. His mum had watched tv and told him her flat (that he lives in) will be repossed blah blah blah blah, their scare tatics worked. I'm not saying that i would never pay this debt back but their are ways and means of doing these things and the amount they want i cant just magic up. Thanks for your support.

[renegotiation]

Thanks Goldlady, it's a really stressing me this one. If it was just me i'd be happy to just leave it at that and sit back and wait but my ex is not so happy to do that and as for his mother well. If they pass debt back to original creditor can i cca them? Ex wants this down as settled on his credit file. Or can i go to lowells once 30 days is up and try to agree something with them?

 

Partial settlement is not good for a credit file. Also, if they don't satisfy a C.C.A. request you will still have a fiight on your hands to get them to remove a default. This would likely involve court.

[Goldlady]

I am having a Baldrick moment - a cunning plan. Might be that they would be delighted to accept ex OH's offer of half the debt in full and final settlement - particularly if there is no enforceable agreement. Just a thought:D

[barney2]

Thanks for your posts. I'm not sure if anything has been entered onto credit file since we stopped paying bank about 4 1/2 yrs ago. In process of obtaining my report but silly me got married and they are having problems deciding if i am who i say i am.

 

As for full and final thats what i was going to go for next just not sure on how much % to offer. Oh and hope they havent already passed it back.

[renegotiation]

I am having a Baldrick moment - a cunning plan. Might be that they would be delighted to accept ex OH's offer of half the debt in full and final settlement - particularly if there is no enforceable agreement. Just a thought:D

 

I'd have the best lawyers in the land scrutinise it lol. :D They probably say yes and then still mark it as partially settled. Wouldn't surprise me in the slightest.

[barney2]

Ok so time is up for cca request and i've had nothing not even an acknowledgement. I'm now in the postition where i have to offer full and final settlement, ex still wants it down as settled. Was just wondering how i word a letter, not too good at that. Do i point out their failure to provide cca stuff and then offer them payment? Any help would be gratefully appreciated, this is really starting to get me down.

[Goldlady]

If I was in your situation I would send them a letter along the lines of the 'no valid CCA' ones that our resident experts have in their libraries but then add that as a 'gesture of goodwill' you are prepared to settle for a lesser amount and ask them what they would accept in ffs?

[barney2]

Thanks for reply goldlady. Was just wondering if someone can point me in right direction not too good with finding stuff on here. Cheers in advance.

[barney2]

Please can anyone point me in right direction of a letter to offer full and final after they have failed to provide a cca really don't know where to start with one and can't afford to mess it up.

[Goldlady]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Have a look in here - as I said above I think you might need to combine more than one of the letters. Hope that helps.

[barney2]

Thanks for your help, i couldn't find anything not too good with internet type things.

[barney2]

Just a quick update. After not hearing from lowell i wrote to them reminding them what they had recieved from me and requested that they told me where they currently stood with the account. Gave em 14 days to reply. To my shock they did and guess what they have no paperwork and neither does bank so they have dropped it. Goodbye lowell. Still cant believe they rolled over so quickly considering the amount they were after. Thanks for all your help. xx