Lowell / Hamptons Legal threats....cap1 debt

[stressed2009]

Hi

 

I had a credit credit card which I defaulted on in 2008, this was sold to Lowell last year and to be honest with everything else going on have buried my head in the sand a little on this one. Today I have received a letter from Hampton Legal which says they are preparing to apply for bankruptancy or a charging order on my property. Can they actually make me bankrupt?

 

I have sent off a letter with a CCA request today, is there any thing else I should do?

 

Thanks

stressed2009

[Bazooka Boo]

Apart from have a little chuckle to yourself at how incompetent Lowlifes are, not really much else to do!

Hamptons Legal (isn't a Hampton an old slang term for mens privates?) is in fact lowlifes just another desk with bigger crayons.

Obviously the amount is over £750? What is it for? And who is the OC?

[stressed2009]

Hi

 

The amount is approximately 3000 for a Cap One Credit card I used to have. I paid it until about 2007 when we had a number of financial problems and I found myself struggling to pay the mortgage let alone other debts due to my partner losing his job and struggling to find another. He is working now but earning no where near the amount he used to earn so we are still finding things very difficult. I am not working at present as was made redundant last year, just after this found out I was pregnant so then temped for a couple of months until I could claim maternity allowance. The maternity allowance ended about 2 months ago and am not looking to return to work at present due to health problems.

 

I know for a fact they have a copy of my credit file as they have searched my credit file 8 times already since the beginning of the year.

 

Thanks

Stressed2009

[Crazy Diamond]

Today I have received a letter from Hampton Legal which says they are preparing to apply for bankruptancy or a charging order on my property. Can they actually make me bankrupt?

 

I have sent off a letter with a CCA request today, is there any thing else I should do?

 

 

They are not "preparing" to do anything of the sort, they are telling you that's what they're preparing to do. I bet the letter is full of "may" "might" "possibly" "recommend" "could" and other words indicating that they in fact will not do a thing except trying to scare the hell out of you so you will pay them money you don't owe them.

 

You owed money to Capital 1. Capital 1 sold the debt and wrote if off against tax. You don't owe Capital 1 anything anymore.

Lowells/Hampton and next Red bought the debt for pennies, have no right whatsoever to payment from you and the only way they can get it is if they can bully you into paying them.

 

Congratulations, you've got rid of £3k worth of debt without having to do anything, isn't that great?

[Stigman]

I have sent off a letter with a CCA request today, is there any thing else I should do?

 

Just sit down, watch tv and count down the 12+2 working days until/if Lowlifes respond.

 

You say you also had a letter from Hamptons which was pointed out to you by Boo that it was still Lowells, you may also get a letter from Red Debt Collections, this is also Lowells, same printer, different F key pressed on the keyboard.

 

Stigman

Edited November 12, 2010 by Stigman
Can't spell or type properly :)

[Bazooka Boo]

Congratulations, you've got rid of £3k worth of debt without having to do anything, isn't that great?

 

If only it were that easy which unfortuantely it isn't.

As in this case Lowlifes haven't bought anything, they are merely acting as the go between doing Cr@p 1s dirty work, they still own the alleged debt and even if they had bought the debt that won't mean it has dissapeared.

 

Once they have received your CCA request then they have 12 'working' days in which to send you a copy.

[Lemmein]

Question to Crazy Diamond and Bazooka:

 

You seem to kind of agree that if Lowell/Hamptons have purchased a debt then its less enforceable than if acting as an agent/collector for original creditor. Why is this??

 

Crazy Diamond, you state that Lowell have no right to demand the payment due to the fact that the original creditor wrote off the debt against tax..? Is this correct? Can people confirm if this stands please?

 

 

thank you

[Stigman]

Crazy Diamond, you state that Lowell have no right to demand the payment due to the fact that the original creditor wrote off the debt against tax..? Is this correct? Can people confirm if this stands please?

 

The Debt still stands, if the Original Creditor writes the debt off, you will receive a statement showing the original balance, then a refund of the total amount owed and then a new balance of zero.

All this means is that the Original Creditor can claim this back against their tax liabilities, the debt still exists and can be legally sold on.

 

Stigman

[Lemmein]

yeah, thats the way I understand it too Stigman.. cheers

[Crazy Diamond]

Question to Crazy Diamond and Bazooka:

 

You seem to kind of agree that if Lowell/Hamptons have purchased a debt then its less enforceable than if acting as an agent/collector for original creditor. Why is this??

 

Crazy Diamond, you state that Lowell have no right to demand the payment due to the fact that the original creditor wrote off the debt against tax..? Is this correct? Can people confirm if this stands please?

 

 

thank you

No, nothing to do with the fact they wrote if off against debt.

 

Let me put it this way: I lend you £10. You don't pay me back. I get annoyed and say to Boo: "here, gimme £2, and if you can get the £10 off Lemmein, then it's all yours". Boo thinks "SWEET!!! if I get the dosh of Lemmein, £8 profit, easy money,woo-hoo!" and then goes to you and start saying you owe HIM £10.

 

But of course you don't. You owed me £10. Technically, you still owe me £10, but I have washed my hands off you cos you're more trouble than it's worth to me, so instead, I have cut my losses, got £2 more that way than i would otherwise and I can even say to the taxman I never got my £10 so can I claim them against tax, please?

 

But, did you ever borrow £10 off Boo and promised to repay him? Of course not. There is no contractual obligation between you and Boo, and so you can tell him to sod off. what's more, if Boo were to try to take you to court, all you'd have to say is: "show me where I have signed any agreement between you and me saying I owe you anything", and obviously he wouldn't be able to show such.

 

@ Boo, my understanding of 1st post is that Lowells BOUGHT the debt off Cap1, not acting on behalf of, so unless there is assignment, I respectfully disagree that the debt can be collected by anyone, and even that it still exists, as Cap1 would have a balance of Zero, and Lowells have no right to a penny, so zero as well.

 

@ Stigman, the debt may be legally sold on, doesn't mean it can be legally collected on.

[Lemmein]

Good morning to everyone..

 

Thats an interesting argument Crazy Diamond...wow, I so wish that was true but have a nagging suspicion that its wishful thinking. What youre saying is tat ALL Caggers, we all have had it wrong all this time?

 

Like I said, I wish you are right as IM going through a difficult situation myself, but I cant believe that if a DCA has purchased a debt from an OC, they have no authority to enforce it through the courts (if they have correct paperwork ofcourse).

 

INteresting...

[babybear39]

Lowlife are debt buyers and often buy in bulk which they call portfolios. Hence one arm of their set up is named lowlife's portfolio 1. They have already advised you that they now OWN the alleged debt but they still have to follow guidlines on how to collect it. Cr@p one are still the OC but they have sold their portfolio to lowlife meaning the asignment is ABSOLUTE, not EQUITABLE (equitable if they were acting as agents to the OC which they are not).

 

CCA Lowlife, SAR cr@p one. The SAR will be very useful in that you might be able to claim charges, PPI etc. It should also contain a 'true' copy of the CCA

 

PS: Write a short letter to hamptons advising you are disputing the amount of the alleged debt due to possible charges and PPI re claim and have to wait 40 days for your SAR to be properly furnished.

Edited November 13, 2010 by babybear39
spelling and added a bit

[Stigman]

@ Stigman, the debt may be legally sold on, doesn't mean it can be legally collected on.

 

I agree in part, but it depends on the enforcability of an agreement and many other factors that have to be taken into account.

Because everyones situation (financial/personal) is completely different, it's wrong to suggest just because it's gone to a debt collection company that the debt just can't be collected.

I hate DCA's has much as the next person on this site, but the DCA's are here to stay no matter what, and all we can do is hope that the uninformed, the pressured, the worried, the anxious and people being driven to sleepless nights and suicide through the lies of the DCA employees just to get a bonus find their way here.

 

Stigman

[Crazy Diamond]

I haven't said that about all debts, Stgman, this thread is about Lowells. As BB39 explained, Lowells specialise in debts which are statute-barred, non-enforceable etc... so if you have Lowells telling you they have the debt, it pretty much means exactly what I said.

[Bazooka Boo]

Have you been paying them anything?

Has there ever been an agreement of some sort in which you agreed to pay them an amount each month?

 

Any debt over £750 can attract the possibility of threats of bankruptcy, but these are usually just that, threats.

As BB said CCA lowlifes http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

SAR Cr@p onehttp://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

Encloce a £1 Postal order with the CCA and a £10 postal order with the SAR.

[stressed2009]

Hi

Thank you for your replies, sorry for the delay in responding I hadnt realised there had been any replies since my last post.

 

I have not had any arrangement for any kind of repayment on this account, I really did bury my head in the sand when I was struggling to even pay the mortgage. I need to get this sorted ASAP. I have sent of the CCA and will send off the SAR when I have £10.

 

Thanks

stressed2009

[Bazooka Boo]

This IS NOT a priority debt by any stretch of the imagination, you did the right thing in ensuring that your priories where to keep a roof over your head first and foremost, this can definitley take the back seat, priority debts are what is going to keep you from living on the street and out of jail, so don't think that these fools come anywhere near the top of your list.

Wait and see what lowlifes fire back at you first in response to your CCA request, did you send it recorded delivery? If so then they have 12 working days from receipt of your request to send you the agreement, or copy of, if you didn't not to worry, they will say they never received it, but count down 14 working days from when you sent it by which time they 'should' have sent you a copy.

[stressed2009]

Hi

Received a letter today acknowledging my request and advising that they have requested a copy of my agreement from the original creditor that they aim to forward within 12 days but sometimes may take a little longer.

Will keep you all updated once I hear anymore.

Stressed2009

[Crazy Diamond]

It may well take more than 12 days, but after 12 + 2, they can not take any further recovery action, so make sure you remind them of that if they keep on hassling you while they "look" for the stuff.

[Bazooka Boo]

As you know when they have received your request, it is '12' working days from then, if they fail to produce anything, you can send them the 'failed' leeter, and until such time that they fail to produce the agreement, then it is in dispute.

[stressed2009]

Well just to update you all after you kindly gave much needed advice... I received a letter today to advise that they are closing my account and will not contact me again regarding payment unless the agreement is received at some point in the future from the OC!

 

Is this as good a sign as I think it is? Is there anything I need to be aware of?

 

Thanks

Stressed2009

[babydoll0141917]

Great News..Just wait for the Next DCA to collect on it ..then you can tell them its still in dispute with the low life ;-)

[Bazooka Boo]

Keep that letter filed securely away, the only possibility now is that Lowlifes flog it on in another portfolio of unenforceable debts to another bottom feeder, then you can simply state that the account is already in dispute with the previous owner, and they have been sold a lemon.