URGENT! Bit confused? CCJ being threatened.

[fransuzette]

Ok I had a credit card. I have moved address couple of times and yes, not paid this card for over a year! Got few letters from Lowell, they said they bought the debt. I rang them and they agreed a settlement of £11 per week (debt was £1886.25). They said they can only accept payment via a debit/credit card. I had neither, but would be receiving one in next week. They rang me back after two weeks and I was at work and said to them to ring me later, no call received. Then I received a letter from Hamptons, had big arguement as they wanted over £300 a month to clear debt!! I said it just was not possible!! I asked them to contact me on the Thurs pm when I had looked into my financial situation and see what I could afford to pay. on the day the phone call was due I received another letter from Hamptons....now with court fees, solicitors costs and interest (which had previously been frozen!) Saying I had failed to respond and make a 'realistic' arrangment. (my realisation must be somewhat warped!!!!!).

They say this will increase should I fail to pay our client!!

 

I have not got a problem paying, but I will not be bullied into paying an unrealistic amount that I cannot afford! But I really do not want a ccj!!!

 

I have read a alot of threads on this site and I am a bit confused.. I know I can write a letter to obtain my original credit agreement and they only have a set amount of days to respond. but where do I go from there. Thanking you all in advance for any help, much needed! x x x x

[WelshMam2009]

Ok, chill, they are just bullying you...this is the letter you need for your CCA. Attach a postal order for £1 and on the back write your account number and something along the lines of "for the express use of CCA request only"

Date:

Dear Sir/Madam,

Account Ref No: XXX

Re: Request under Section 77/78 of the Consumer Credit Act 1974.

This letter is a formal request pursuant to section 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 section 77 will apply.

If it is your view that you are not the creditor, section 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 section 189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that section 189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to sections 5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a cheque for £1.00, which is the statutory fee for this request. Please note 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.

Take further note that I do not want you to undertake communication with me regarding my account and any balances outstanding therein by telephone calls after the receipt of this request - to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

I look forward to hearing from you.

Yours faithfully

PRINT YOUR NAME at the bottom, do not sign.

 

Send by RECORDED OR SPECIAL DELIVERY

[fransuzette]

Ok I had a credit card. I have moved address couple of times and yes, not paid this card for over a year! Got few letters from Lowell, they said they bought the debt. I rang them and they agreed a settlement of £11 per week (debt was £1886.25). They said they can only accept payment via a debit/credit card. I had neither, but would be receiving one in next week. They rang me back after two weeks and I was at work and said to them to ring me later, no call received. Then I received a letter from Hamptons, had big arguement as they wanted over £300 a month to clear debt!! I said it just was not possible!! I asked them to contact me on the Thurs pm when I had looked into my financial situation and see what I could afford to pay. on the day the phone call was due I received another letter from Hamptons....now with court fees, solicitors costs and interest (which had previously been frozen!) Saying I had failed to respond and make a 'realistic' arrangment. (my realisation must be somewhat warped!!!!!).

They say this will increase should I fail to pay our client!!

 

I have not got a problem paying, but I will not be bullied into paying an unrealistic amount that I cannot afford! But I really do not want a ccj!!!

 

I have read a alot of threads on this site and I am a bit confused.. I know I can write a letter to obtain my original credit agreement and they only have a set amount of days to respond. but where do I go from there. Thanking you all in advance for any help, much needed! x x x

[WelshMam2009]

You should also send the harrassment letter which you can find on this site.

 

You don't say who the original credit card was with.

Have they already taken you to court over this?

 

They shouldn't be adding interest and charges as you haven't entered into any agreement with them for this. There is also another template letter for this on this site.

[fransuzette]

Brill. Thanks. Will start with those letters and keep u updated of there response. Think the credit card was with Halifax? I know thats mad but its been so long, since I used it. Destroyed it years ago. Not been to court YET! x x Thanks so much. only got letter today, so will get my letters in tomorrow. Thanks again x x x

[fransuzette]

Credit Card is with HBOS sorry x x

[havinastella]

As they have now threatened court, I would put them under CPR rules to disclose all information they intend to use.

 

Ask for the CCA, NOA, default Notices.

 

Theres a nice letter youcan use.

 

Lowells are in deep enough trouble trying to collect on debts they do NOT own

 

 

 

Jogs

[WelshMam2009]

As they have now threatened court, I would put them under CPR rules to disclose all information they intend to use.

 

Ask for the CCA, NOA, default Notices.

 

Theres a nice letter youcan use.

 

Lowells are in deep enough trouble trying to collect on debts they do NOT own

 

Jogs

 

Perhaps I misunderstood. It depends how far down the line you are. If they are intent on litigation then I think it's CPR 31.14. If it's just an idle threat then I'd CCA them.

 

Good luck!!

[fransuzette]

Ok let me just get this right. I need to send a letter to Hampton/Lowell requesting CCA-Which is the original credit agreement. A request for Notice of Assignment....this says the date has been passed/bought to Lowell. And request copies of Default notices.?

Just one last query.....Can I put in the letter that they Cannot add interest/additional charges as no agreement to pay has been made?? or does that sound lame. sorry to be a pain. x x x x

[fransuzette]

Perhaps I misunderstood. It depends how far down the line you are. If they are intent on litigation then I think it's CPR 31.14. If it's just an idle threat then I'd CCA them.

 

Good luck!!

 

The letter says.... We may now issue and serve legal proceedings against you, without further notice through the county court, which if successful could mean you may incur the following costs in addition to the outstanding debt..list of costs added to original debt.

 

Ok I did not read it correctly. They have not added on any charges, but are quoting the costs if it goes to court.

 

It says if I call them I can resolve this matter by arranging a payment.

so i guess i am ok to send the cca? x x

[cerberusalert]

It's their standard threat letter, just send for your CCA & see what that throws up..

 

You said that you think it was a Halifax/HBOS card. Could it be older than six years by any chance?

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[fransuzette]

mmmmmmmm not sure?? Am afraid I had a break in last year and alot of my documentation got destroyed. I think I may have taken the card out over 6 yrs ago. but stopped paying about three yrs ago.. Thanks for all your help x x x

[fransuzette]

SUCCESS!!!

 

Sent a letter requesting my credit agreement. They finally sent me a letter explaining they could not obtain a copy and they will no longer take any further contact re: payment and they have closed the file. Yippee. Thanks for all your help x x

[WelshMam2009]

SUCCESS!!!

 

Sent a letter requesting my credit agreement. They finally sent me a letter explaining they could not obtain a copy and they will no longer take any further contact re: payment and they have closed the file. Yippee. Thanks for all your help x x

 

Fantastic news Fransuzette...am really pleased for you!!

[cerberusalert]

Keep that letter very safe in case it may be needed in the future, such as another debt collector crawling out from under a slimey rock.

[fransuzette]

Dont worry am off to the picture framers as we speak!! Prime place above the fire I think!!!

 

My only concern was the bit that said if the they should obtain the original agreement they will be back, but I guess they have to say that!!

 

Off to celebrate my first victory x x x

[cerberusalert]

It's a standard reply, I think they still believe in Father Christmas & the Tooth Fairies.