Lowell/Red DCS are filing for my bankruptcy.

[sirbp]

Hi, I'm new here but hope I am welcome. After searching tirelessly for the past few hours, I just wondered what advice people would give in my situation.

 

I took out an egg card a long time ago. I can't even remember when it was. The most recent it could have been was 2002... but it could easily have been before 1999. All I know is that I had a zero percent interest rate for six months, if that helps to narrow it down. I then went to study abroad and became a permanent resident of that country (after marrying a local).

In 2005, all manner of debts and an impending divorce led to my stopping payments on my egg card balance of around 8k (which, with charges, has since escalated to about 8,900). At some point, egg obviously cancelled my account, but I don't actually have possession of any default notices (my parents may have got some and returned the mail). Last year, the Lowell Group contacted my parents (still in England at my old address) to say that they had purchased my account from egg. I wasn't in the country at the time, so I didn't do much about it other than ask my dad to call them and explain that I didn't live there any more - just to stop them from harassing my parents, who had nothing to do with any of this. All manner of usual threats followed - including all kinds of nonsense on the phone with my dad, apparently - but, despite their claims/bluffs to the contrary, I wasn't in the country.

 

Then I was severely injured, so I lost my job and couldn't work (or play). I decided to come back to England temporarily, so I could get NHS treatment for my injury. In January, I was granted the minimum disability benefits (which don't include any housing payments or anything) and that was my entire income for the past 5 months. These may soon end, according to a recent claim by the Job Centre that I am now fully fit (which I'm not, but that's another story). Having no savings or property anywhere, I obviously have no way to pay this debt in any form. Because I am currently staying with my parents, I don't wish to acknowledge my presence here to the Lowell Group and have my parents harassed further.

 

A couple of months ago, Lowell pretended to have sold the account to their other arm, Red DCS, who then pretended to have sent it to lawyers (their Hampton Legal department). With my having ignored all these letters so far, they finally ran a credit check and found that I have no other bills or credit in the past 4 years and realized that I was in serious financial trouble. This was interesting, considering that several times they claimed to know for certain that I was here at my parents' address (when I wasn't ) from information supplied to them by credit reporting agencies.

 

So my latest letter arrived earlier, this time from Red DCS again - threatening to petition for my bankruptcy. As far as I'm aware, they still don't even have any proof that I'm here, as I've done nothing of note (in terms of credit) with anybody at all since I stopped paying them in 2005. Again, I must stress that I wasn't here at all until very recently, as I was living out of the country for many years. I didn't even get their letters, my parents were the ones to receive the harassing telephone calls (and letters, which were either destroyed or returned)!

 

Lowell/Red/Hampton are still being a little tricky, as their exact wording is "your account is to be fast tracked to our bankruptcy division, to consider filing a petition at Court for your bankruptcy" (emphasis added).

 

I do realize that:

1. My original agreement with egg, being so long ago, has a slim chance of being unenforceable. But I don't have the CCA, so won't know this unless I ask Lowell/Red to send it to me.
   
2. I also believe that at some point I cancelled my card, due to loss, and had it replaced. It is extremely likely that this happened, and that the entire debt was run up on this second card (as up to a certain point in time I always paid the full balance every month). If true, I certainly didn't sign any agreement for this second card... so am not sure where I stand with regards to this.
   
3. I may never have received a default notice.
   
4. I have no proof that Lowell are even the legal owners of my debt.
   
5. Lowell haven't even petitioned for bankruptcy, but are merely using another threat to pretend they are further along than they really are.
   
6. Bankruptcy might not be a disaster, considering that I ultimately live outside the UK and don't have any possessions that could be seized.
   
7. Petitioning for my bankruptcy would cost them money, so doing so would be pretty stupid in light of my zero earnings, savings, and property.
   

 

So what should I do next?

 

• Write to them and ask for the CCA, to see if:
  
  (a) they legally own the debt, and

  
  

  (b) such CCA is enforceable?

  
  

• If the answer to both is yes, can I ask for proof that egg sent a default notice?
   
  
• Considering I don't really live here any more - and didn't for many years - is it even wise to admit personal receipt of their recent letters (none have been signed for) by sending a reply?
  
• If I do make such a request, should I put my return address as "care of" my parents - rather than stating that this is my residence?
  
• Continue to play the waiting game and see where they go next? They may not even be willing to spend any money attempting to force my bankruptcy. They certainly won't get anything out of it if they do, because I don't have anything to give. It's also only 2 more years before the 6-year mark (although it doesn't sound like they'll let it go on for that long).
  

 

I'm a bit worried that this has gone so far... but without the ability to pay - either now or in the foreseeable future - I don't know what I can really do to resolve this. What is the best advice for my action plan?

Edited June 14, 2009 by sirbp

[twofoot]

Ignore them, they are idle threats. You say you can't pay so what's the point in trying to dig up a CCA when it's gonna be SB in 2 years. If you contact them in any way it's like feeding a fire, it flares up.

[the_shadow]

Personally I would do nothing until a stat demand came through the letter box, then I'd hit them with a CCA request straight away. They dont normally buy the CCA when they purchase the debt so they will have to go back to Egg to get it, you can apply to set aside the petition and ask for costs.

 

I'd also SAR the original lender EGG for copies of default notices and general statements, their could be unfair charges you could claim back to reduce the balance slightly.

 

Even if you have nothing they can make you bankrupt but they would gain NOTHING from doing this unless you had goods to the value of your debt, as you live at home I'm guessing you dont have an 8k stereo sound system in your room

 

S.

[patrickq1]

aggreed shadow,but i would let them know you are here now to face whatever they want to throw at you,it is obviously going to cost them an awful lot of money wasted money at that but what is it going to cost you absolutely not one cent well apart from the registered posts lol,so start with the CCA... send egg the SAR ,and sit back make sure your parents are aware of what you are doing try not to use their address if thats possible,also ask your parents to check that they or there address has not been blacklisted for debts that has nothing to do with them..this is imperative as their could be a damages claim for your parents last but not least you must make absolutely sure that a HARRASSMENT LETTTER is sent to both EGG and the DCAs ,also your parents should now send a letter of complaint to all the companies involved and ask for there complaints procedures then they should also send there HARRASSMENT LETTERS to all concerned...well finally if your parents have any proof of the harrassment then they should send notification to the authorities ie ICO,FSA,FOS,AND POLICE especially if they have any recordings as such..like threatening your parents with bankruptcy etc....GO FOR IT MATE remember YOU ARE NOW IN CONTROL OF YOUR OWN DESTINY AND WILL NOT BE DICTATED TO BY THE MUPPETS..

patrickq1

[lilly white]

Steady As You Go Wait To See What They Try To Do

 

Keep Us Posted.

[sam614]

with shadow on this,

 

wait till they send stat demand,

 

then go for it.

 

FAST TRACK MY AR*E how long have they owned the account,and done nothing more than threat:)

 

SAM:pLOWELL DETESTER

[sirbp]

Wow. Thanks for all the advice, guys. You're right, "fast track" is pretty funny considering how long they've had this. I always thought they were just using the cheap option of sending out threatening letters - without checking the facts first, such as which country I actually lived in! - because postage doesn't cost too much. I was quite annoyed when they talked to my dad on the phone, though... he only called them as a courtesy to explain that I didn't live here (at the time), but they were really antagonistic and upset him greatly.

 

What can they do to blacklist my parents? They never signed any credit agreements on my behalf or anything like that. It's nothing to do with them. Can Lowell still have done something to their credit?

 

So, to clarify, (assuming they go further) - I send the CCA request to Lowell/Red, but the Subject Access Request to Egg themselves. Is that correct procedure?

 

(And no, I don't have an 8k stereo. Almost everything I do own is in the USA, anyway!)

[sam614]

yes.

cca to red

sar to egg

if needs be

 

SAM:pLOWELL DETESTER

[the_shadow]

.

 

What can they do to blacklist my parents? They never signed any credit agreements on my behalf or anything like that. It's nothing to do with them. Can Lowell still have done something to their credit?

 

Nada... nothing... debts are personal, they are not responsible for your debts and you are not responsible for theirs.

 

So long as they dont share any financial products with yourself... joint account or anything like that they'll not show up on your credit file and you wont show up on theirs.

 

Sam's already answered about the order of CCA/SAR and who to

 

S.

[patrickq1]

but they can deliberately blacklist the address as we have seen on so many occasions

patrickq1

[the_shadow]

but they can deliberately blacklist the address as we have seen on so many occasions

patrickq1

 

Sorry I'm unsure of what you are referring to...

 

Blacklisting how?

 

I'm aware banks keep records of people who have defaulted and mark accounts with a sharing address as being a defaulted household but I'm unaware of anything like that with a DCA

 

S.

[patrickq1]

yes DCAs use same tactics....it all goes back to experium and equifax etc etc and before you know it the address comes up as a debtors address got a young kid dow street from me,he has just moved into his new flat only thing is the address comes up as being on the debtors list

[patrickq1]

he cannot get credit last tennent left leaving thousands of debt

[the_shadow]

yes DCAs use same tactics....it all goes back to experium and equifax etc etc and before you know it the address comes up as a debtors address got a young kid dow street from me,he has just moved into his new flat only thing is the address comes up as being on the debtors list

 

As I say, I'm unaware of that type of list as it wouldnt appear when someone asks for there credit file unless they were living in the property I suppose?

 

In which case the parents would need to observe their credit files for any changes aswell.

 

S.

[patrickq1]

in which case the law suit that came up on one of the threads a couple of weeks ago is the answer sue for dafamation and you will win,the rbs had to pay out thousands,and i think i would be trying to do it jointly by introducing experium or others as party to passin data without your permission

just a thought huh