Cahoot Debt sold to lowells

[overdone]

In the same envelope today, I received two letters from two different firms. Cahoot Bank and Lowells.

 

Mr Overdone............................................... Cahoot

.................................................................No Particular address here

xxxxxxxxx

xxxxxxxx

xxxxxxx

 

Dear Mr Overdone,

 

We hereby give notice of the transfer of the debt due to us from you in respect of the balance of 4300.00 outstanding on your Cahoot account.

 

On 27/06/2008 your account was sold to Lowell Portfolio Ltd

 

Any further communications and payments must therefore be addressed to Lowell .......Ltd.

 

Enterprise House,

1 Apex View,

Leeds

LS11 9BH

 

Tel 0844 xxx xxxx

 

Yours sincerely

 

Elaine Leader

Head of recoveries

Edited July 19, 2008 by overdone
Confusion addres

[overdone]

Letter two, in same envelope.

 

Mr Overdone .............................Lowell

xxxxxxxxxxxxx.............................PO Box 172

xxxxxxxxxxxx .............................Leeds

xxxxxxxxxx ................................LS11 9WS

 

Dear Mr Overdone,

 

Our Ref. xxxxxxx

Original Creditor Cahoot

Bal Outstanding 4300.00

Original Addr xxxxxxxxxxxxxxx

 

I write to inform you that your Cahoot account, ref number xxxxxx, has been sold to Lowell portfolio on the 27/06/2008. Lowell Financial Ltd, have been appionted as duly authorised collection agents for the recovery of the outstanding balance.

 

It is our aim to help you clear the indebtedness you currently have with ourselves by either agreeing a settlement or a repayment plan. You will find we have many flexible repayment plans designed to suit your current financial circumstances.

 

Please call the number below where one of our experienced negotiators will assist you in finding the ideal option for you.

 

Please note all future communications and payments must be addressed to Lowell Financial Ltd, at the address below.

 

Lowell Financial Ltd

P O Box 127

Leeds

LS11 9WS

 

Please contact us immediately to discuss your account.

0844 844 4716

Yours sincerely

 

Andrew Bartle

Chief Operations Officer.

Edited July 19, 2008 by overdone
misspelling

[IdaInFife]

Trying to save on stamp money.

 

Have you already sent a CCA?

 

Idax

[overdone]

Trying to save on stamp money.

 

Have you already sent a CCA?

 

Idax

 

No. As this is so fresh Surely DCA,s learn by their past mistakes and insist on the necessary criteria before the purchasing of a debt. I have no experience with Lowells but according to other threads these people are not as sweet as initially they present. As this was an internet account, defaulted on nearly four years ago, done the round of other DCA's, there is great possibility there is no original Consumer Credit Agreement on file with my signature. I think you are right though, for the sake of a pound this is the first step. Also, likely to contain illegal charges but I never printed off statements.

[IdaInFife]

It depends on what year this was

 

pre or pro 2004

 

they still have to produce some form of agreement

 

ida x

[falcon185]

Hi,

DCA's never learn from their previous mistakes, they prey on people who dont know their rights where debt is concerned, they normally buy debts in bulk and hardly ever have the relevant paperwork required. I would do as Ida suggested, CCA them, also asking for a copy of the deed of assignment which gives them the authority to collect this alleged debt. Lowells never seem to produce these documents and you will probably receive another letter stating that they need to contact Cahoot to have these documents sent to them, inveriably the documents do not materialize. After 12 days + 2 they will be in default for not providing such requested documentation and the debt will then be unenforceable until such time as they can produce them, THEY WONT produce in my experience, when you send the CCA request dont forget to put at the top *I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY";-)

Edited July 19, 2008 by falcon185

[overdone]

It depends on what year this was

 

pre or pro 2004

 

they still have to produce some form of agreement

 

ida x

 

I started to get help from C.A.B end of 2003. First debt management arranged early 2004. Cahoot accepted token payments then allocated to moorcroft who then wrote and said after a period of collection they were no longer doing it. Another d.c.a rang and said they could not handle the case if all I could pay was a pound a month. Then someone else for a while, now Moorcroft are back with one and Lowells have actually bought this one from cahoot. There is yet another one in the ether somewhere, as I had three with cahoot.

Edited July 19, 2008 by overdone
misspelling

[overdone]

How about.

 

Without Prejudice.

 

Lowells

P.O.Box xxxx

xxxxxx

xxxxxx

 

Dear Sirs,

Your ref. xxxxxxxxxxxxx

P.O. Not to be used to pay any debt.

 

1) You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s, 78 (1) consumer credit act cs 1977 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1.00 P. Order in payment of the statutory fee, P.O. serial number---------------

 

2) A signed true copy of the deed of assignment of the above referred agreement that you allege exists.

 

3) You are notified that you are obliged to supply these documents, whether you are the original creditor or not, under s189 of the c c a 1974.

A credit agreement that is not properly documented and signed is totally unenforceable under c c a and therefor is a complete defence to any court claim that is issued.

 

yours faithfully,

 

Overdone

Edited July 20, 2008 by overdone
misspellings

[falcon185]

I would drop the " without prejudice" and replace it with

" I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY"

Should it go to court ( which is highly unlikely ) you can then produce a copy of this letter to the judge to show you requested the documentation for which they didnt supply. Using the phrase "Without prejudice" could mean you might not be able to produce this letter in court should there be any furter escalation and action by Clownells Which I doubt very much IMO, once they receive the CCA request they will probally drop it like the proverbial hot stone.

Edited July 19, 2008 by falcon185

[overdone]

I would drop the " without prejudice" and replace it with

" I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY"

Should it go to court ( which is highly unlikely ) you can then produce a copy of this letter to the judge to show you requested the documentation for which they didnt supply. Using the phrase "Without prejudice" could mean you might not be able to produce this letter in court should there be any furter escalation and action by Clownells Which I doubt very much IMO, once they receive the CCA request they will probally drop it like the proverbial hot stone.

 

Hmmm......It is just that it has been used in other threads but I take your point.

[falcon185]

What is the meaning of 'without prejudice'?

 

Where negotiations are said to be 'without prejudice', it means that nothing that is said or done is normally admissible in evidence in any subsequent trial should the negotiations fail. The object of the exercise is to encourage parties to make genuine attempts to settle disputes, without fear of their discussions - and in particular their potential concessions - being subsequently disclosed in court.

 

There are two circumstances in which 'without prejudice' statements may be admissible in later court proceedings:

• where protection is waived with the express or implied consent of both parties, and
  
• where a settlement is reached following 'without prejudice' negotiations, but one of the parties subsequently fails to honour the terms of the settlement, and the matter therefore ends back in court. The negotiations would be admissible as evidence of the agreement.
  
• 
  

Hope this helps somewhat

[IdaInFife]

Follow the above as they still have to provide an agreement as the electroncis regs are for agreements after 2004.

 

 

Ida x

[overdone]

Follow the above as they still have to provide an agreement as the electroncis regs are for agreements after 2004.

 

 

Ida x

 

many thanks. I have got the letter done as above.

[falcon185]

Good luck,

keep us posted ;-)

[overdone]

Four years ago the c.a.b set me up a debt man plan and three cahoot debts were with Moorcroft. We arranged £1.00 per month with Moorcroft who later wrote and said they were no longer in charge of Cahoot debts. Another dca rang me and the girl said they could not handle the debt if all I could afford was £1 then the cahoot debts split up, Moorcroft one, Lowell One and another in the ether still. I agreed with moorcroft 2.00 monthly and they wrote with a paying in book accepting my £50.00 a month offer. Wonderfully confusing. I only pay £2.00 a month and keep getting threatening letters if I don't pay the £50.00 a month I agreed to they will take me to court. Wish I had kept all the thread in paperwork but I was not honestly expecting this to happen.

[gymfreak1978]

mrs dyde will be seething IMO

[dpick]

Hi as you say DMP set up by CAB. They will have set this up with reasonable payments for your income and expenditure so unless your income and expenditure have changed radically then a judge would not make you pay more. If your credit file is anything like mine then a CCJ will make no difference to your ability to get credit. They are a load of ******** are they not.

 

Just carry on with DMP let them pay all those wages and postage etc trying to get you to pay more.

 

all the best dpick:)

[overdone]

Hi as you say DMP set up by CAB. They will have set this up with reasonable payments for your income and expenditure so unless your income and expenditure have changed radically then a judge would not make you pay more. If your credit file is anything like mine then a CCJ will make no difference to your ability to get credit. They are a load of ******** are they not.

 

Just carry on with DMP let them pay all those wages and postage etc trying to get you to pay more.

 

all the best dpick:)

 

My understanding now is that since May, if they cannot provide a true copy of the original credit agreement, they can go whistle completely. I am going to cca them.

[overdone]

Good luck,

keep us posted ;-)

 

24 July 2007

 

Dear Overdone,

 

Original Creditor. Cahoot

Bal Outstanding xxxxxxxxxxx

 

We are in reciept of your request for a copy of your credit agreement in accordance with sec 78(1) of the consumer credit act 1974.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the consumer credit act, you will appreciate that this is dependant upon reciept of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period.

 

Yours sincerely

Andrew Bartle

Edited July 28, 2008 by overdone
typo

[falcon185]

Standard response from them, what they are saying is "We dont have a copy of your CCA" but if we say we have asked for it from Cahoot that should keep you quiet. WRONG!!

12 days + 2 remind them they are in default, you will probably receive a letter stating that as far as they are concerned the matter is closed and you will not hear from them again. They WILL however, place ( more than likely already have ) place a default on your Credit file, a battle I'm in the process of fighting but thats another story. Keep your chin up, we are all behind you ;-)

[overdone]

Anyone experienced with Debt Managers Ltd, I have 2 accounts with them. One Cahoot and one Lttlewoods Catalogue.

[Guest Old_andrew2018]

Hi

Not personally however can I ask if you have requested any of the following a CCA, and SAR from littlewoods, and an SAR from Cahoot, together with evidence from Debt Managers Ltd that they have any rights to collect monies from you.

 

Andy

[overdone]

Hi

Not personally however can I ask if you have requested any of the following a CCA, and S.A.R - (Subject Access Request) from littlewoods, and an SAR from Cahoot, together with evidence from Debt Managers Ltd that they have any rights to collect monies from you.

 

Andy

 

No, not yet.

[NORNIRONGIRL08]

Yes I have they have a Compliance Officer Ms Pyper who seems ok she is not based in the Edinburgh Jamaice Street Office (think thats the address) I explained my circumstances to her and yes I spoke to her on phone she seemed alright. They didnt persue once I explained, they also did not have the CCA and referred back to Barclaycard who they are agents for. The Edinburgh lot sent loads of threats to me and the Compl officer had it dealt with.

 

Good luck

[overdone]

Another begging letter from moorcroft.

 

1st August 2008

 

Dear Overdone,

 

Our records show that despite our letters to you, you have defaulted on the agreement we reached with the result that you are now in arrears for the sum of £390.00

 

As a result of this your account has now been passed to our Home Collection Division for action. This may involve our local representative calling at your home address within the next few days to establish how you propose to settle the balance outstanding.

 

If however you wish to continue paying direct to this office you must send a payment to us for the full amount of arrears. It is stressed that this payment must reach us no later than 10am on 08/08/08.

 

We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us with no alternative but to instruct our solicitors to commence legal proceedings against you without further notice.

 

Yours sincerely,

 

A J Martin

Debt Recovery Manager.

 

Same letter as before just different numbers. Complete bunkum. I suppose i'd better do the letters bit but it costs me.