Advice Please! - SD received from Lowell/RED but credit files are CLEAN!**WON**

[PossVox]

Hi,

 

Just bumping this as I'm getting really anxious again...

 

I've not had an acknowledgement of my CCA request which RED signed for on 4th March. Their 12+2 days is up on Wednesday this week and my set aside hearing on 9th April. all I've had is the "You have ignored the Statutory Demand" letter as posted earlier.

 

Is this deafening silence a positive or a negative thing?

 

Sorry to be a wimp but it's getting to me!

 

Thanx

[2Grumpy]

Well at least not negative. I still make 12 days to be Thursday

 

By the sounds of things the thretogram computer hasn't been updated that you are going for a set-aside. Silence is probably because they know they can't win.

 

CurlyBen's letter is normally sent in reply to their first letter after the 2 + 12 + month. You would have to change it if you wanted to send it early & not in response to anything of theirs.

 

To be honest I don't see any point in telling them that they have no chance before you get to your hearing.

 

I suspect that you will be on your own at the hearing when they realise that they have no chance - but you will have to turn up to get the SD set aside (even if Lowell/Red say you don't have to).

 

Grumpy

[PossVox]

Thanks for getting back to me so quickly.

 

I won't send anything before Thursday, cheers for doing the maths!

 

Are you suggesting that I don't fire CurlyBen's letter off until I get some more junk mail from RED through the letter box?

 

The main thing I want to get into thick skulls is to leave my credit ratings alone with the C.R.A.s. My credit files are clean and I want to keep them that way!

 

Any ideas which bits of CB's template to change please. (I realise that I'd have to remove the bit about 30 days elapsing since CCA request). Or any other suggestions of what to send them?

 

 

Thanx again

[PossVox]

Hi All,

 

No CCA in today's post, no acknowledgement at all from RED of ever having received a CCA request (I have proof of posting and proof they signed for it).

 

So, they're in default and their demands are in dispute.

 

I'm tempted to fire off a letter to them as it'll make me feel better but, then again, I'm thinking maybe I should just wait to see what they send to me next?

 

Set aside hearing still scheduled for 9th April and I WILL be attending whether RED do or not!

 

Advice please anyone?

 

Thanx

[The GodMother]

good that obvious has a lot of weight to your set aside hearing.

 

They can produce the documents required then why shout they have a SD....................cause they say so. LOL

[PossVox]

Hello again GodMother, thanx for your reply.

 

My plan is to sit tight for now and wait for a threatogram or one of the infamous "special discount offers" to settle the account (which, we've now established, doesn't actually exist!) and then send them a "bog off" letter.

 

I'm still angry that they couldn't even be bothered to acknowledge my CCA request... It only adds insult to injury...it makes my blood boil!

 

Hope my strategy is right... I think so, unless anyone has any other ideas?

 

Thanx again

[forumreg1]

Possvox we're a little ahead of you with an early SD set asdie hearing date. Lowell have written saying they admit that they have incorrectly chased us, deleted all records etc. They haven't however said that they have withdrawn the SD and we don;t know if they have written to the court. So we're assuming the Court date stands. In the meantime we've written thanking them for the apology and asking for costs (which the court would award) and compensation. We'll see.

[PossVox]

Hi forumreg1!

 

I've been watching your thread with great interest and I'm so pleased that you have got a result! WELL DONE!!!

 

Please DO let me know what happens with the Set Aside hearing?

 

Frankly, I'm not bothered (at the moment at least) about costs, I just want to be rid of these terrible people!

 

Like I say, I'm really pleased for you and i'll follow your story to it's ultimately POSITIVE conclusion!

 

Cheers

[pugsley]

I got a letter acknowledging my cca request straight away, where did you send yours?, funny thing is they haven't got it although they are supposed to own the debt now and are requesting it from the original company. Now if I was in the market to buy debt I would expect the CCA with the paperwork, simple really.

[PossVox]

Hi pugsley,

 

I sent it to the Lowell address, ignored the P.O. box addy.

 

Regardless of that, I have proof of delivery so they can't deny it got into their system at some point?

 

I wish they had acknowledged receipt really so that i had at least some respect from them....

 

Anyway, they have now put their claim in dispute and I'm in control of the situation...

 

?

[PossVox]

And yes pugsley, if you gonna buy something you expect some kind of warranty with it don't you?

 

It's obvious that these people are chancers...

 

Maybe I should start a DCA instead of buying our usual 2 lines on the Lotto this Easter?

[The GodMother]

no just by the lotto.

 

it will be less hassle for you and you have more of a chance in winning.

[PossVox]

Fingers crossed!

 

Thank you GodMother, I'll keep you posted!

 

You think all will be well then?

 

x

[The GodMother]

no cause i will but you haev more of a chance of winning the lotto than a DCA listening to you.

[forumreg1]

Possvox. Hearing due shortly. Interestingly the apology did not come from the same company that raised the SD, instead it came from another in their group. So it may be worthless!

[PossVox]

Hi forumreg,

 

Lowell use "trading styles" such as RED, Portfolio1 etc. so I would think it doesn't matter which name is on the apology as they are one and the same.

 

My hearing's in a couple of weeks and I still have heard nothing at all re my CCA request, not even an acknowledgement of receipt (and they're 12+2+7 days in default now).

 

Good Luck at the hearing and I'll wait with baited breath for the result.

[forumreg1]

Normally I would agree but surely the SD is a legal document that names the parties to the action, us and them? Only those parties named in the proceedings can have any say in the matter. If the Court has called Company A to appear, I would argue that an apology from a different company, (albeit with some or all of the same Directors) was irrelevent. It would be like Argos getting involved in a dispute you have with Homebase! They are both limited companies in their own right but have common owners just like Lowell and its ltd. subsidiaries

[PossVox]

Hi,

 

Now you've put it that way, I think you may have a point, maybe one of the more experienced folks on here may have an opinion, ODC possibly?

 

I would have thought that the judge would take a dim view of one company issuing the SD and another one apologising (let's HOPE so!!!).

 

Fingers crossed for you...

[dannyboy660]

There are only 3 parties allowed in such a relationship and all must be in agreement

Factoring (finance - Wikipedia, the free encyclopedia)

 

Hiding behind the names of different companies merely confuses the issue, should you happen to point it out to the 'Man in the Wig'. One covers for the other if it goes t..s up for them.

 

Remember

 

"Greater fleas have smaller fleas on their backs to bite them, and smaller fleas have lesser fleas...and so on, ad infinitum"

[PossVox]

Hi, dannyboy,

 

I think I get your drift...

 

If forumreg has an apology and SD withdrawal from a different "company" but the SD was issued by a the same company under one of it's trading "styles", does that invalidate either the SD or the SD withdrawal?

 

Does that make any sense whatsoever?!!! Sorry to be thick, I'm losing myself on this one!!!

[dannyboy660]

"32.2.4. Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation, and is common practice within the industry.

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the OC. The second assigns both the rights and obligations of the assignor to the assignee. However, in order for this to be legally binding you as the debtor would have to give your consent to such an assignment.

 

If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges).

Even if the amount doesn't include charges but is misstated it is still invalid.

If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice).

The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419"

 

 

 

The above has been unashamedly C&P'd from a post elsewhere, but is still relevant imo. I'm sure you get the picture now of why they don't turn up for these things, and try to muddy the waters a bit.

[forumreg1]

The apology doesnt actually withdraw the SD. It just admits that he was contacted in error and they're sorry.

[dannyboy660]

The apology doesnt actually withdraw the SD. It just admits that he was contacted in error and they're sorry.

 

In other words they should never have done it in the first place, as they didn't even know they had the right person/account or whatever??? Wow, they just get better and better The UK's number one stressmongers.

 

I didn't know DCA's were familiar with the word 'sorry' in its true sense. I didn't get an apology from the Lowell Group after I proved to them they were bothering me for an account that wasn't mine. On the contrary. They then began to call my elderly mother at whose address I have never lived or had any financial connection to whatsoever, to try to find out more about me. I can't think of any other reason why they would do so. I didn't even get an apology after reporting them - just excuses about mistracing and incorrect information from creditors.

 

They use different company names within the group for several reasons, one of them being they each take the rap for the other in case you wanted to proceed further. Lowell Farcical blame Red, Red blame Hampton, etc, etc at some point it will be a mistake in tracing, or bad information. A joyful merry-go-round until you get dizzy, peed off and eventually give up.

[PossVox]

Hi,

 

Well, having completely ignored my CCA request, I have this morning received a letter from RED to inform me that "The time limit set by the Court for responding to the Statutory Demand has now expired" and then (in a box in bold type) THIS IS YOUR FINAL OPPORTUNITY TO PREVENT A BANKRUPTCY PETITION BEING PRESENTED. Phone us etc...

 

Do these cretins only send post OUT? Do they EVER read post that comes IN?

 

Advice anyone?

[Curlyben]

Sounds like typical RED Nastygram.

 

For what it's worth, throw this at them:

 

Account In Dispute

Letter Before Action

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

 

Have you started getting this SD set aside at your local court, just to be on the safe side.