Help - RWay 9 Year Old Debt - lowell claimform What to do?

[unclebulgaria67]

Just a thought, if CCA isnt enforceable, why would I offer a F&F settlement? Sorry dont think Im challenging the advice, just want to be as clued up and prepared as I can be!

 

Thanks

 

The enforceability of a CCA can only be decided by a court. I doubt you would ever get anything in writing from a creditor or DCA, saying that they agree that it is unenforceable. They will argue the toss pantomine style, while harassing you for payment. It is your choice then what you want to do. Play hard ball, I'm not paying you because you don't have enforceable CCA or come to an agreement of an F&F to get shot of the debt to avoid the harassment.

[unclebulgaria67]

RW might not legally own the debt, they are just assigned to collect. The letter might just say that you have deal with the creditor that owns the debt.

 

Wait to see what the letter says.

[unclebulgaria67]

A bit confusing.

 

Halifax card paid F&F, but still being chased ?

 

BOS loan- you were paying £1 per month for a while up to 08/06. You were paying via CCCS, but there was some confusion. BOS, thought you ended payment in 2004 and discovered payments in 2006.

 

What I would suggest that you do is write off to the Head office of the relevant part of the banks, just stating your confusion about what has gone on with the accounts. Make a summary of what they have told you in the SAR information and ask questions about the history of the account.

 

Basically ask them to provide the information you are looking for, without admitting to the debt. Don't get into enforceability arguments. It is just about the lack of information, to help you understand what has gone on with the accounts.

 

This ongoing correspondence about them helping you by providing clear information, should help you as you try to deal with them.

[unclebulgaria67]

Yes I would send the letter. You could mention, that you have recently made the CCA request. Enclose a copy of the letter.

 

I think you need answers and it is reasonable to request the information.

[unclebulgaria67]

If this the account the RW put on hold, then I suggest that you write to IQOR advising them that it is against OFT debt collection guidelines for RW to have passed on the account to them while in dispute. Send them a copy of the letters from RW, so they can see for themselves. Tell them that you do not wish to communicate with them in any way and will wait to hear from RW in due course. Send recorded delivery.

 

This happened on one of my relatives debts. RW passed on the account to another company in this situation and as soon as I told the other company, no more was heard again.

[unclebulgaria67]

Yes send them the statute barred letter and advise them not to continue you again, as to do so would be against OFT guidelines. Make it clear that this is a complaint and you won't hesitate in taking this further with the OFT and Trading Standards.

[unclebulgaria67]

Unless you tell the OFT that WCS had apparently discussed your private business with the neighbour, they probably won't bother to investigate and just tell you that debt companies are allowed to make tracing enquiries via third parties.

 

The OFT won't be around by the end of March, as the government are getting rid of them. Trading standards will then be responsible for such complaints. You might therefore want to contact TS rather than the OFT.

[unclebulgaria67]

The advice given previously is that you should not remind the claimant what they have to do and to leave it up the Judge at the hearing to see what they have got. If they don't come with the required documents, then you can say that the claimant has failed to comply with the court order and therefore the claim should be struck out.

[unclebulgaria67]

Andy/The mould will advise you further on this, but ahead of any further hearing, you may be able to send a further CPR letter to the claimant to probe the statement that has been sent to you. Whether you would get any response would be another matter. I suspect the claimant will wait for any hearing and hope for a helpful Judge. I fear that Judges do side with claimant creditors who want to enforce a debt and therefore unless you really know your stuff, you may struggle to defend.

 

You really need to go back over this thread and think about what you are not sure about. Then write down a list of questions that you have and come back to see if you can get answers, so you have more understanding of how you can defend this. I am unclear what information the Judge is wanting the claimant to provide. What is sufficient for the claim being made ? What statutory rights do you have ?

[unclebulgaria67]

These £1 payments showing on the statements.

 

Who were these paid to ? Evidence of who paid them ? If you obtained copy statements from Halifax, would it match up with what Lowells have sent ?