OH HSBC credit card debt

[BRIGADIER2JCS]

When was the last payment or acknowledgement

of the debt.

Miland was swallowed up by HSBC.

Before sending ANYTHING you need to check your

credit files and see the status of the account, it's

pointless sending any ''final'' letter until you are

sure,as the information is not false it reflects

the take over of the card issuer.

Were any payments or acknowledgments made

after the date 0n the statements you have received?

[BRIGADIER2JCS]

Was the ''application form'' signed?

Do the statements show traceable

use of the account, name, address

etc.,

[BRIGADIER2JCS]

Ok, now you need to put the account into

dispute as the CCA information does not

comply, use the template letter in the CAG

library and tell them that no further correspondence

can be entered into until the compliant signed

and properly executed agreement is supplied, send

this letter recorded delivery addressed to THE COMPLIANCE

MANAGER at Lowells, check delivery on line.

 

Brig.

[BRIGADIER2JCS]

No they have not complied with

your lawful request by sending an

unsigned app form this is the account

now in dispute letter no fee needed,

it now puts them to proof of the debt

and their right to collect.

Have a read through the templates

I think there may be a couple to suit.

 

Brig.

 

Let me know if you need help

with it and I'll put something together

which you can amend.

 

Brig.

[BRIGADIER2JCS]

OK, what you are telling the now is that

the documents they have supplied do not

comply with a request under CCA 1973 sections 77/78,

and until they comply you will not correspond further,

this is Lowlife attempting the BULL SH*TE baffles

brains approach by sending meaningless bog paper.

[BRIGADIER2JCS]

Hi Ben yes so you can track, trace and time delivery.

 

Brig.

[BRIGADIER2JCS]

bb, The time limit is not relevant on this

letter as it is a complaint of non compliance

under the CCA 1974 just state you expect

a reply within 14 days as the final sentence

of the letter.

Brig.

[BRIGADIER2JCS]

Just inform Scottcall, in a short note addressed to the compliance manager.

eg.

Ref: as on their letter.

Sir,

I refer to your letter dated xx xx xxxx regarding an alleged debt for £xxx please note I do not acknoledge any liability for the alleged det which has been passed around the despicable debt collection industry for a number of years no company has at any time provided any proof of my liability so please close the file and return it from whece it came.

[BRIGADIER2JCS]

Yes lets see what crawls out of the pond next:madgrin:

[BRIGADIER2JCS]

Yes please do.

[BRIGADIER2JCS]

:madgrin:I could see some mileage in tell this mob to sling their hook before they contact you

[BRIGADIER2JCS]

The Brig at a friends house, friends daughter has problems caused by ex husband, a DCA phones on speaker phone,

Can I speak to Ms xxxxxxxxxxx, Brig No. DCA why not, who are you? You can't because I've said so. DCA why. Brig. Excuse me I must now ask you some security questions, DCA WHAT, as we have no idea what you want I need to know

your full name, date of birth, motheres mainden name, fathers iside leg measurement, mothers bra size, your ethnicity, and do you read dirty mags. DCA marroon whaaat you can't do that Big. but I just did hangs up:jaw:

[BRIGADIER2JCS]

Hi Currently O/H has an alleged debt on a CC from a bank which has been in serious dispute ( thanks to CAG) for a few years. Various DCAs have passed it around and have been sent prove it letters. Recently passsed from lowlifes to fredpay. Had first letter " requesting payment" Now received letter before action with potential court costs added - in their dreams!My question is what is best route to upset their day? continue ignoring them or respond with " serious dispute " template and addressed to Compliance Manager? thanks benji

 

Is this letter actually an LBA headed as such or is this a we might,we may start action threatogram?

[BRIGADIER2JCS]

What do they require you to do to stop any court action and how long have they allowed?

[BRIGADIER2JCS]

Time to take the them seriously I think.

[BRIGADIER2JCS]

OK benji,

 

We need to put together a formal disputeb letter to sort out Freds, this I can do but need info:

 

1. Name of the card issuer.#

2. The DCAs that have chased it.

3. Have any allged ''agreements'' been supplied?

4. Default Date

5. Date of last payment.

6. Do Lowell show as owners of the debt on credit files.

[BRIGADIER2JCS]

Oleg. No one is giving any thing to Freds in this situation, it has become clear that these DCAs are becoming more and more litigious particulary Lowells who are involved here, your scenario is may occasionally occur but is not definite.

Lowells will take action themselves or get an assignee to do it for them.

[BRIGADIER2JCS]

Yes Beji it's on my list for the weekend, my internet is very random at the moment.

[BRIGADIER2JCS]

What stage are Lowell at with this now, Hamptons, Red or Lowell Financial?

[BRIGADIER2JCS]

Hi Benji,

 

When is this going to SB, as citizen B has said Lowell throwing SDs around on relatively small debt.

[BRIGADIER2JCS]

A SD has no court fee attached to it, I could write one now and given that it contains all the relevant details it is legal.

There is a cost of £45.00 if a hearing is not required (uncontested set aside) or £80 .00 if a hearing is needed, fees are

paid up front.

[BRIGADIER2JCS]

The recipient of the SD pays for the set aside up front, the issue of a Stat demand may have cost for the claimant eg process servers fees.

 

The majority of the Lowell SDs we have seen on CAG have been successfully been challenged I have dealt with some recently elsewhere that have also been set aside.

[BRIGADIER2JCS]

It must be remembered although we see SDs successfully set aside quite often it is NOT an automatic process, there must be justifiable reasons for the application cost will be at the discretion of the judge.

[BRIGADIER2JCS]

So if this procedure costs the Debt owner nothing and automatically costs the debtor £45/£80 to contest why do all of them not do this it seems like a stick to beat all debtors with that costs nothing.

 

Seems extremely unfair that it cost them nothing but the debtor has to pay to defend. As I presume the debtor is in the smelly stuff if the SD is uncontested?

If the SD is not contested then the claimant can proceed to petition for bankruptcy, which is considered by the courts to be the ultimate method of debt collection and should be the very last resort after all other means of collection have been exhausted,#

There are proposals to raise the £750 threshold but these seem to be mired in the usual red tape at present, figure of up to £20K have been put forward.

 

Some debt purchasers/DCAs have been censured for misuse of the BR process issuing SDs without the intention of following the full process id very much frowned upon as is the issue of CC claims then withdrawing as soon as a defence is entered (see threads on Bryan Carter Solicitors).

[BRIGADIER2JCS]

Yes correct!