Do I face the music over my debt?

[chocolatedog]

Hi all:)

Thanks for the web site. I am trying to find my way around, so here goes, I will try to keep my story brief.

I recently returned to the UK after 6 years living in Spain.Whilst there I lapsed on my credit card installments. Burying my head in the sand and knowing the credit card company didn't have my Spanish address I conveniently forgot about it. The sun really does get to your head!

On return to the UK my landlord from 6 years ago had recently received post for me and kindly kept it. I wish he hadn't. I had a collection of not so nice letters from a debt collection agency(often mentioned on your site, from Leeds)the most recent being a threat of bankruptcy.

My question is can/will they go through with this having an address from 6 years ago, or do I face the music starting with a request for the original CCA and proof of their ownership of the debt( as I have learnt from reading your site)

I dont know if this info is relevent but I dont have a UK bank account nor a permanent address yet, the debt is at the top end of 4 figures and 4 years old.Sorry not so brief after all, any help appreciated, thanks,chocolate dog.

[twofoot]

There are different ways to look at this and it depends on whether you got ccj's in your absence. If no ccj you could be looking at statute barred.

[chocolatedog]

I dont think I got ccj's . this is the only post to my old address.I am thinking that my ex landlord would know. I thought statute barred began after 6 years, and the last payment made to the cc company was mid 2005

[clemma]

If you last payment was in 2005, then these will not be statute barred. Statute barring occurs after 6 years (5 in Scotland) of non-payment, non acknowledgment of debt.

 

I need a little more information regarding this. Who is the letter from and what exactly is it for?

[Kraken1]

Do you face the music?

 

Might there be trouble ahead?

Do you have moonlight and music, and love and romance?

 

If so, then it looks like a yes. It's like unavoidable, dude.

[noomill060]

Have you recently taken up skateboarding, kraken?

[Kraken1]

Nope. But then again I think perhaps I should. Might make me feel young again...

[chocolatedog]

Where did skateboarding come into things? This is fun if it weren't for the seriousnes of my problem.

The letter is from Lowell Financial and is titled 'Pre Bankruptcy Petition'

My point though is still that they don't know where I am.

[noomill060]

Could you scan the letter (removing all personal details) so we can see what it says?

 

Does it claim to be a Statutory Demand under the Insolvency Act 1986?

[ODC]

All may not be lost. Who is the Credit Card Company. The Leeds Losers are well known for their purchase of Unenforceable Debts.

 

Do say its for a Capital One Card

[chocolatedog]

I can't scan, but this is what the letter says, by the way sorry its not cap one, it is egg.

Pre Bankruptcy Petition

'Your account has been reviewed by our head of litigation and due to the number of opportunities you have been given to enter into a repayment program and clear your balance it has been decided that your account is to be fast tracked to our bankruptcy division, to consider filing a petition at Court for your bankruptcy.'

The letter then goes on about the implications of being made bankrupt and then

'You still have an option to avoid bankruptcy, we will accept a realistic offer from you'. blah blah,

[ODC]

Before they can institute Bankruptcy proceedings they must serve you with a Statutory Demand. At the minute they are just empty threats.

[noomill060]

As ODC says- this is an empty threat. Just file it and get back yo us if you receive a Statutory Demand.

 

A SD is the REAL pre-bankrupcy notice and is easy to fight.

[ODC]

choccydog - What Creditcard is the alleged debt for. Is the outstanding balance more than £ 750.

[chocolatedog]

the card is egg, and yes it is more than £750, more like put a nought on the end of that.Yikes! I can't type the amount it scares me.

[ODC]

Egg are one of the few CC companies who can usually produce the paperwork. That said however there have been a few instances on here recently where the paperwork wasnt correct, You need to CCA the Leeds Losers now to see if they can produce the paperwork. Send them this

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Cretins/Losers/Curs/Pond Life/Sir/Madman*

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

If you do not understand this letter, you should seek professional advice

 

 

Yours etc

 

 

* Delete where appropriate

[chocolatedog]

Thanks all for your help and comments. I will let you know how I progress

[chocolatedog]

Hi to you all again,

After a sleepless weekend and quivering when the door bell rings I have decided I cant go on like this it is making me ill.I want to make an offer to Lowells to clear my debt. Having read that they pay about 10% to purchase these debts I am wondering what sort of offer I can make .Any suggestions please.

[harrassed senior]

I understand where you are coming from, and believe me when I say a few weeks ago I felt just as bad as you. But, honestly I would carefully consider at least trying the steps mentioned above, which will at the very least buy you some time to get your head together. Nothing bad is going to happen overnight and you WILL, I promise you begin to feel better once you are tackling the problem. Only The Courts can actually carry out any actions against you, and you are a long way from that yet.

 

Hope this has helped.

[chocolatedog]

Thanks for that, however I cant face going to court and am trying to avoid getting a statutiry demand which will mean at the least I will have to defer it by going to court.Is there any point in sending a letter ' this account is in dispute' to stop them issuing an SD.

[ODC]

Hi to you all again,

After a sleepless weekend and quivering when the door bell rings I have decided I cant go on like this it is making me ill.I want to make an offer to Lowells to clear my debt. Having read that they pay about 10% to purchase these debts I am wondering what sort of offer I can make .Any suggestions please.

 

Under no circumstances should you make any offer to the Leeds losers until they prove you owe the money and they have an Enforceable Agreement for it. These people prey on your fear and if you offer them money for a debt which they may not be able to prove then they will see you as a soft touch and pressurise you to pay more than you can afford. Send them off the CCA letter and see what they come back with. If they issue a Stat Demand whilst in dispute of your CCA request then it is an easy matter to get it Set Aside and get costs against them.

 

You are not alone here and plenty of people will give you the backup and support you need to deal with these parasites.

 

Please DO NOT GIVE UP. We have all been down the road with Lowells threats and are still around today.

[chocolatedog]

OK, I'll try to be strong. Have printed off the CCA letter and will wait to hear from them. Thanks for the support, i will keep in touch

[hillards]

OK, I'll try to be strong.

Look at this like this school bully in the playground as a kid - the time they get someone to hand over their dinner money is when they know they can attack that poor kid again, and again, and again.

 

The Leeds Losers are no more than this, they will make threats, they will say that they MAY take action or COULD do something else, those two words are often missed as you read their letters.

 

By standing up to the bullies, and refusing to just hand over money because they say so, make them show that they are entitled to it. You have already found out that they will have paid peanuts to buy this old account, they take a chance that some of the debts they buy will bear fruit, people will pay up when they get the first nasty letter - just like that bully!

 

Those that cave in and make a payment will then find that they get phone calls and letters demanding more and more. Someone at Lowells could agree to take a payment off you, and could mumble that they accept it as full payment, but without that in writing you are stuffed. That's one of the rerasons not to talk to them on the phone, because you cannot prove what was said. If it's in writing you can show a court what they said.

 

There are lots of people on here who have stood up to Lowells and, within a few short weeks, they've stopped processing the case. If you send the right letters you can stop them passing the account on to one of their buddies too.

 

Start at the start, send a request for a CCA, see what comes back. Don't take it that a bit of photocopied paper with 'Egg' on it is valid. You really need to scan it, blank out personal details, and let CAGgers look at it, as they are able to spot a bad agreement.

 

No matter what the bullies, sorry, Lowell say, they cannot force you to pay more than you can afford to. They have no right to demand you pay in full within 7 days, that's unreasonable. They have no idea of your personal financial situation and you shouldn't tell them either.

 

If all else fails and they did go to court, the court will decide how much you should pay. Lowell cannot send bailiffs in, or demand higher payments, if a CCJ was made. Of course, that's an extreme, which is very rare!

 

In a nutshell, if they cannot produce a valid CCA agreement then they don't have a (l)egg to stand on !

[harrassed senior]

Once you have sent the letter the account is considered legally 'in dispute' and until they provide the documents you have requested absolutely no action can be taken against you. The DCA have NO powers whatsoever. Bankruptcy is way down the line, and no SD or further letters can be sent to you whilst the account is 'in dispute'. I have a couple which have been 'in dispute' for over 12 months!

[chocolatedog]

Thanks for that piece of info. i have just been to post the CCA request, Just being able to communicate with people who understand the situation is a great help. Many Thanks, I will sit tight and wait for their next move. I was never bullied in the playground so I wont let it happen now!