Help - Default **WON**

[shadowman786]

Hi!

 

I made a massive cock-up!

 

I have 3 major issues to deal with currently - and would really like people's advice please.

 

1) A company called Lowell Portfolio ltd have just applied a default against a £19 payment that I owed for a mobile contract with 3 mobile. I have not had the contract since 2005 and was not aware of any outstanding balance. I ignored their letters and they have now applied a default. What are my options to have this removed? Can I send a CCA?

 

2) Got a debt collection letter from Scotcall for a T-mobile contract from around 2000. I do not acknowledge this debt as it is way over 6yrs old - I do remember contacting them several times by phone to try and clear it but they found no record of it and never accepted any payments - this was around 2002. I will send the CCA request and think that should be enough?

 

3) Halifax. I became vastly overdrawn on this account but I know for a fact that I owe them in the region of £3200...they have put this up to £4900 in charges and interest. Also, they are still charging my debit card even though they have cancelled the card for a magazine subscription I had - I dont even receive the magazine anymore.

 

Last year, when the account stood at around £4300, I remember agreeing to pay a DCA £50 a month if they would stop interest and charges but they said that was for Halifax to do. I called Halifax and they said the account was no longer held with them. They continued to apply charges so I stopped paying.

 

It then went to another DCA who have been asking for the £4900. I'm wondering what my options are?

 

I want to reduce the amount needed to pay whilst getting the DCA off my back and also getting these entries removed from my credit file. THe DCA have not contacted me in a fair while.

 

Please help

Edited November 21, 2008 by shadowman786

[maroondevo52]

Hi, shadowman.

 

I've moved this thread to where you should get some help.

 

Regards.

 

Scott.

[dx100uk]

I made a massive cock-up!

 

no you haven't!

 

I have 3 major issues to deal with currently - and would really like people's advice please.

 

1) A company called Lowell Portfolio ltd have just applied a default against a £19 payment that I owed for a mobile contract with 3 mobile. I have not had the contract since 2005 and was not aware of any outstanding balance. I ignored their letters and they have now applied a default. What are my options to have this removed? Can I send a CCA?

 

yes, but if there is a genuine debt, then the default will stand unless it is due to unfair charges

 

2) Got a debt collection letter from Scotcall for a T-mobile contract from around 2000. I do not acknowledge this debt as it is way over 6yrs old - I do remember contacting them several times by phone to try and clear it but they found no record of it and never accepted any payments - this was around 2002. I will send the CCA request and think that should be enough?

 

stay off the phone..never call a dca or speak to them on the phone! demand everything in writing.

 

if its statute barred i'd just ignore it. they're fishing for mugs

 

3) Halifax. I became vastly overdrawn on this account but I know for a fact that I owe them in the region of £3200...they have put this up to £4900 in charges and interest. Also, they are still charging my debit card even though they have cancelled the card for a magazine subscription I had - I dont even receive the magazine anymore.

 

Last year, when the account stood at around £4300, I remember agreeing to pay a DCA £50 a month if they would stop interest and charges but they said that was for Halifax to do. I called Halifax and they said the account was no longer held with them. They continued to apply charges so I stopped paying.

 

It then went to another DCA who have been asking for the £4900. I'm wondering what my options are?

 

 

CCA the current owner of the debt & make sure you get a notice of assignment too!

 

then go up on the halifax website for your A/C and cancel the DD.

 

then its time to S.A.R - (Subject Access Request) halifax and claim back all those charges!

 

I want to reduce the amount needed to pay whilst getting the DCA off my back and also getting these entries removed from my credit file. THe DCA have not contacted me in a fair while.

 

unless you can prove the defaults entered because the A/C was O/D because of charges, you will have a hard job in removing the defaults, as you 'were' in default by your own admission/action.

 

what kind of timeline [dates] surround this A/C?

 

 

Please help

 

 

good luck we are all with you.

 

dx

[shadowman786]

Sorry for putting this in the wrong place!

 

Thank you for the response - I need to get this all ready today and sent off on Monday.

 

Ok, on the case of Lowell Portfolio - as it's only £19, can I just give them a call, pay it and ask for them to have the default removed? I've actually realised that it was also scotcall who sent out a letter on this. Or if I cca them and ask for a notice of assignment as well and they cant provide it, surely then I can have the default removed. As with all these companies, I'm sure they will not have it. Also, they sent a notice on 6th November and then defaulted it 2wks later without warning - is that allowed?

 

On the second T-mobile, I don't want to ignore it because of the above so I will send a CCA.

 

The Halifax A/C is not in default - it's just showing as not having made payments. WHich I havent as they have been unlawfully charging. I'm a bit confused as to what to do given the test case states we cant make any challenges for our money back (though banks can continue charging - fair world, eh?).

 

I can send a CCA to the current owner of the debt (Lowell portfolio, I believe!) but could someone point me in the direction of a notice of assignment please. Also, I claimed £580 back from Halifax 2yrs ago and have tried to claim further and they responded that because the previous was a full and final settlement, then I cannot claim back any more charges.

 

Timelines - had the a/c since Aug '98, overdrawn Mar '07. A/C closed sometime late last yr.

 

Any help is greatly appreciated. You guys are really doing the public a brilliant service.

[shadowman786]

Hi again,

 

So, I have got everything necessary and did a bit of research. Now, if I'm correct, for a company to apply a default against, they must have notified you 14 days prior to commencing such action and allow you the time to settle the account

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/91632-default-notice.html

 

Now, I have managed to find the last piece of correspondence on behalf of Lowell Portfolio.

 

THey passed this account to a 'solicitors' called Buchananclark + Wells who passed it to a DCA called Scotcall. The final correspondence that I have is dated 6th Novmeber 2008 and is from Scotcall. It says the following

 

'...your above outstanding debt has now been placed with ScotCall.

 

Failure to pay or contact us within 7 days of the date of this letter will result in your account being passed to our field agents to arrange a Doorstep Call...'

 

Now, to me, that does not sound like a default notice. Given the date of my first post, the default was applied before the 21st, which is 15 days after the above correspondence. So, please help me with the following.

 

A) do you think I have a case.

B) the default has been applied by Lowell Portfolio. Who do I CCA - them, ScotCall or BuchananClark?

C) Can someone point me in the direction of the deed of assignment - if I'm correct, even if they have the original documents showing my signature and therefore my claim to this debt, they also need to prove that it has been assigned to them to collect?

 

Am a little confused by the last question - do I send a letter for both like this below link?

 

Remove Default Notices on a Credit File - We show you how | LearnMoney.co.uk

 

That is the route I'm going to follow - I will also send a similar thing to ScotCall regarding the T-mobile account.

 

Regarding the Halifax, I am thinking to SAR Halifax whilst also sending CCA and Deed letters to EOS Solutions who were trying to reclaim the money? What happens if Halifax state that the account is no longer held with them and if EOS fails to provide the documents asked for?

 

Any help would be appreciated.

 

Many Thanks

[shadowman786]

Hi,

 

Just some quick advice if anyone is able to help.

 

Regarding Halifax - I found some correspondence from a company called EOS Solutions who were the last company to try to claim this money. I am thinking of sending an S.A.R to Halifax as well as a CCA and deed of assignment letters to EOS. Is this the right way to go about things?

 

Also, in relation to Halifax still charging my Debit Card. This card was cancelled and I have no control over the account as it has been closed. How do I stop them still making payments from my account and then charging me for doing so?

 

On Lowell Portfolio - they passed the debt to a 'solicitors' called BuchananClark + Wells who passed it on to a DCA called ScotCall. According to the below,

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/91632-default-notice.html

 

I should have 14 days to pay a default notice.

 

The last correspondence I received was from ScotCall on the 6th of November that stated the following

 

'...Failure to pay or contact us within 7 days of the date of this letter will result in your account being passed to our field representatives...'

 

Now, that does not seem to be a default notice - it makes no mention of 'Default' nor legal action, yet, given my first post was on the 21st Nov, they applied a default against my credit file within 15days of the above letter.

 

I'm sure I have a case here as A) they were supposed to send me a default notice and B) if they had, then why had they also sent the above?

 

My problem is who to CCA? Lowell, Buchanan or ScotCall? Or all 3? Lowell were the ones who applied the Default - also, they would need to have a deed of assignment, right?

 

And on T-Mobile, I will send CCA to ScotCall.

 

Some feedback or advice would be appreciated. Many thanks

[shadowman786]

double post cos I thought I lost the first but they kind of compliment each other so please respond

[silverfox1961]

just been looking and you can't CCA for a mobile phone debt.

Lowells, try a F&F settlement as it's a piddly amount so they have to work for the small amount

Halifax. SAR them as it's an overdraft, no CCA for that either but the SAR request will show exactly how many charges were added to your account. As usual with any correspondence, NO signatures, just print your name. Don't ring the DCA's that just causes stress and costs you.

If they ring you, refuse to answer the security questions. they'll get bored and give up (eventually)

 

hope that helps

 

 

fox

[shadowman786]

Hi SIlverFox,

 

Thank you for replying.

 

Could you point me in the direction of the thread on not being able to CCA a mobile phone debt. Even if I can't, surely they have 'illegally' applied a default as they did not inform me of such actions?

 

Also, this leaves me in a pickle - the t-mobile account is over 6yrs old, of that I am certain and I do not recognise it so it is statute barred? But if I can't CCA ScotCall, I have no proof - however, they should not be able to chase me nor demand payment nor apply a default for it? I think I will still send a letter to ScotCall stating that I have no recollection of the debt and do not recognise it and they they need to provide me with evidence that it belongs to me?

 

This is the main thing - I believe Lowell have applied a default unfairly and without proper authority - how to fight them on this.

 

This is an interesting link http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/49273-lowell-financial-lowell-portfolio.html and I wonder if I can get it to work? If I dispute the debt and ask them to prove that it is mine? Surely, there must be something of those lines.

 

Do you think it's worth calling the FSA or OFT to find out my options here?

[silverfox1961]

send scotcall this statute barred letter. It's then up to them to prove the debt is not statute barred

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other __________________

 

Edit it to suit your situation

 

you can send a prove it letter to lowells

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

I don't know if this will get the default off your file but you could try negotiating with lowells but i wouldn't really hold out much hope there to be honest.

 

send all post recorded delivery at the very least.

 

fox

[silverfox1961]

this is the link you need

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

Edited November 26, 2008 by silverfox1961
wrong info

[shadowman786]

Thank you so much for the assistance.

 

I will send all these letters tomorrow by Recorded Post.

 

Just a point on the Lowell Case. If I send it, is it their duty to provide proof that I own this debt? And in the case that they can't (surely there must be a law to state they must have proof?), can I not get it removed (or if they can, pay it and ask them to remove it from my files).

 

What about deed of assignments? or is that only applicable to credit agreements?

[silverfox1961]

from what I've been reading it's rare for any DCA to remove a default but it has been known to happen. If they won't you can put a note on your credit file stating what the default is and how you disagree with it. Generally a CRA will allow most statements but if you use anything potentially libellous then they could edit it or refuse to put it up

Not much help I know but we are talking about debt collection agencies

 

fox

[shadowman786]

I am thinking of sending the following letter if you have any suggestions to improve it. I know, by law, that they must provide me with a default notice or prove that they did send one. The whole thing is that on the 6th of November I had a DCA chasing me for the money and then on the 20th, a defualt applied - I'm assuming (someone clear up the law here?) that they are required to have sent me a default notice and then allow me 14days to pay the funds. Also, wondering whether to mention this above point in the following letter to them. Perhaps I need to seek professional advice?

 

Date: xxxxx

Dear Sir or Madam

Ref No.

After recently obtaining a copy of my credit file from Equifax I was concerned to note that Lowell Portfolio 1 Ltd has placed a "Default" notice against an account in my name.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that you provide proof that I own this debt. Further to this, I do not have a recollection of ever receiving a default notice, and I therefore require you to substantiate this data at your earliest convenience.

I request that you supply me with a signed true and certified copy of the original default notice that you are required by law to have provided me with.

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated.

 

I look forward to your reply.

[rory32]

just been looking and you can't CCA for a mobile phone debt.

 

This is incorrect (as is the sticky). Although it is rare for a mobile phone contract to fall under the Act it is possible under a number of scenarios.

Just a point on the Lowell Case. If I send it, is it their duty to provide proof that I own this debt?

The proof is always theirs. You do not have to disprove anything.

 

What about deed of assignments? or is that only applicable to credit agreements?

They do not need to provide the deed unless it goes to court. However, a Notice of Assignment is required.

 

3) Halifax. I became vastly overdrawn on this account but I know for a fact that I owe them in the region of £3200...

There is little point in sending a CCA request for an overdraft as the copy of the agreement would simply be a letter from the bank and under the sections you are quoting the overdraft has exemptions. You should however claim any charges back at the contractual rate of the overdraft where applicable.

[silverfox1961]

Looks good to me BUT bear in mind that I'm still a bit green on this site. I'd hold off sending it until someone with a bit more experience has a look. if you get no response tonight. bump your post tomorrow until someone looks. As for seeking legal advice, that is totally up to you and your wallet:rolleyes:.

I'll be on in the morning and I'll keep an eye on your post to make sure it gets the attention it deserves.

 

(Methinks it's nearly my bed time:))

 

fox

[shadowman786]

Thank you both for your replies.

 

In response to Rory,

 

Under what scenarios can I CCA a mobile contract (should I just send a CCA). Or perhaps an S.A.R - (Subject Access Request)?

 

They have already applied the default (I ignored previous letters about this debt but they NEVER sent a default notice). Do they still have to follow up on my correspondence to them?

 

What is the difference between a deed and notice of assignment and is it the same letter (albiet a little tweaked) as that in the templates library?

 

I'll come back on Halifax as I will S.A.R them and also send the Notice of assignment letter to EOS. (ALthough I remember it being assigned to RobinsonWay and I sent them a CCA - they wrote back 5days later and said they were no longer in charge of the account after months of harassment so maybe CCA EOS - these dodgy companies get scared when you wave the law at them - even if you can't! - seems their own tactics work on them!)

 

PS. Sorry for the amount of posts but I really cannot have a default against my name. I'm not even concerned about credit but I work in the financial industry and a credit default puts my job in danger.

[shadowman786]

Ok, this is the final msg from me this night. I hope someone can read the following and tell me if it is worded right and if it makes sense to send this to Lowell. I'm hoping to fight this case on two points. A) that they have no legal right to claim this money. B) That in the case they can prove it is my debt and that it has been assigned to them, that the default was unlawful as they did not give me notice nor enough time to pay it.

 

Date: xxxxx

Dear Sir or Madam

Ref No.

After recently obtaining a copy of my credit file from Equifax I was concerned to note that Lowell Portfolio 1 Ltd has placed the following "Default" notice against an account in my name.

[excerpt from online Equifax&Experian report]

I would point out that I have no knowledge of any such debt being owed to (insert company name). Further to this, I do not recollect ever receiving a default notice, and I therefore require you to substantiate this data at your earliest convenience.

 

I would ask that you provide the following.

1. Proof that I own this debt.

2. A signed true and certified copy of a deed of assignment, entitling you to claim these monies.

3. A signed true and certified copy of the original default notice that you are required by law to have provided me with

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated.

I look forward to your reply.

 

 

Thanks for your help

 

 

[will come back to T-mobile and Halifax later and keep you guys updated!]

[rory32]

Under what scenarios can I CCA a mobile contract

If they include the cost of the phone and make you pay that over a course of payments greater than 4, then effectively it is a hire purchase agreement. A few mobile phone agreements are done through a finance plan; these would also be credit agreement.

 

Generally, the most useful thing to look out for is unfair terms and conditions (i.e. they can cancel without giving you the same right, they can vary the price for the same level of service without your permission), payment plan insurance, termination and penalty charges.

 

(should I just send a CCA). Or perhaps an S.A.R - (Subject Access Request)?

 

You can still ask for a copy of the agreement and they need to supply it. It's just that the mobile phone contract is unlikely to be covered by the Act.

 

They have already applied the default (I ignored previous letters about this debt but they NEVER sent a default notice). Do they still have to follow up on my correspondence to them?

 

Yes.

 

What is the difference between a deed and notice of assignment and is it the same letter (albiet a little tweaked) as that in the templates library?

 

The notice is just that - a notice that the account has been assigned. The deed is the actual sale document and will probably contain a number of accounts.

[shadowman786]

RESULT!!!!

 

Ha...I did the thing that nobody should do and called the DCA and they shot themselves in the foot.

 

I said to them that I have no recollection of this debt, I was never contacted about it but it's a piddly £20 and if they agree to remove the default, I will pay it. They said they were unable to do this and that I would need to write to the CRA to apply a notice of correction...so I said I'll do that and in the meantime to provide me with all information pertaining to the alleged debt. This is what I sent to Equifax and their responses. Here's what happened..

 

ME: This is in regards to a default applied by Lowell Portfolio. The default has been backdated but I have no recollection of this debt. I was not contacted by the original creditor in regards to any outstanding amounts. I do not recognise this debt and this account is in dispute. I have contacted Lowell Portfolio for all relevant documentation regarding this alleged debt and they have stated it will take up to 90days to provide the relevant information from the creditor.

I DO NOT ACKNOWLEDGE THIS DEBT and believe the default to be incorrect.

 

EQUIFAX: Thank you for your recent query reference number 081127-000397. In order to resolve this query we have engaged the company in question to examine their data.

 

This process can take up to 28 days, but as soon as we have an update we will let you know.

 

You can view your query's progress by clicking the link below and selecting the MyStuff Tab:

 

 

 

Sincerely yours,

 

Equifax Disputes Team

 

LOWELL: Response 18/12/2008 08.36 AM Please delete and remove this default entry. Thanks

EQUIFAX: Thank you for your recent enquiry.

 

Credit Agreement - Lowell Portfolio 1 Ltd (I)

 

The Client has agreed to amend the information and your Credit Report will be updated in due course. Please note that the Notice of Dispute previously loaded to your Credit Report has been removed.

 

one down - two to go

 

woohoo!!

 

PS. I am correct in thinking the default is being removed right??

[maroondevo52]

Sounds good to me, shadowman good result.

 

Regards.

 

Scott.

[fiftypence]

I have a default from Lowell (couldn't provide a CCA) so might try this approach. Great result!