Lowell Portfolio I....and here it begins....

[holyjoemuttley]

Hi Caggers,

 

Well this is my first post and boy, am I glad to be here. I really hope I'll get the same attention you guys give to so many problems I've read on here.

 

A few weeks ago my wife received a letter from ACS Law regarding illegal downloading and a court order for £295. I decided, by pure chance, to check the company out online as the "court order" just mentioned a load of German sounding names (all of which turned out to be real people). On a website, put together entirely for ACS Law and these court orders I learnt that ACS Law is actually jus trying it on, so to speak. I sent a letter which basically outlined that they were incapable of proving that we had personally downloaded the material and that we would therefore not be paying the sum requested. Its now a month on and we've heard nothing from them.

 

I was so pleased, and a little chuffed, that I'd spent the time to do some research as we were in two minds whether to pay it or not.

 

This now brings me to the topic: On 13th November, last week, my panic started as I received 2 letters from "Lowlifes" stating that I had money outstanding with HBOS and Capital One and that they had been sold to them. HBOS in November 2007 and Cap One in December 2006. On Friday I was thinking about what had happened with ACS Law so decided to Google "Lowlifes" and to my surprise CAG popped up. Since then I've spent a few hours reading threads about how to deal with this problem which has made my panic subside a little.

 

I'm about to send a copy of "Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974" with the postal order and through registered mail.

 

If there is anything I've forgotten or any advice you can give I'll be forever indebted to CAG (that would be a debt worth having:-)). I know it's only the start but I'll post back with any information I receive back as having no experience of how to deal with these people I may overlook something.

 

Well done and a million thanks to everyone thats made this site possible.

 

Holyjoemuttley

[maroondevo52]

Hello and Welcome, holyjoemuttley.

 

What was the HBOS debt.

 

Regards.

 

Scott.

[holyjoemuttley]

Hi Maroondev52,

 

Many thanks for the welcome and for the speedy reply.

 

At this moment I don't know. I know I had a bank account with Halifax but I closed that in June 2005. In 2004 I'd gone through a very bad separation, made redundant all in the space of a few months and then ended up hospitalised through depression. I'd tried to keep things going but had no support and effectively gave up. It all seems very embarrassing now but at the time it was all I could do. This year is the first time I've been able to get my own place and try and settle down again. Sorry I had to say that, but I feel that I have to justify my debt.

 

Thanks again.

 

Holyjoemuttley

[maroondevo52]

Hi,

 

There's no one on this site going to judge you, I've been there and worn the T shirt myself.

Regarding the Bank Account with Halifax, current account's are not covered by the CCA. When was the last time any payment was made on this debt.

With the Cap1 card, any charges on this account are re-claimable, if you don't have your statements it would be worth your while sending a SAR to Cap1 this would let you know the score regarding any charges they have applied, again when was the last payment made on this account.

Edited November 21, 2010 by maroondevo52

[Bazooka Boo]

Shallowfax are my favourite favourite bank, love them to bits :boxing:and Lowlifes even more so :fencing:this is going to be a good scrap...

[concerned100]

You mention that you received a 'court order'. I believe that ACS Law were previously only sending letters demanding payment with the THREAT of court proceedings. I'm not sure what kind of 'court order'you received but I'd recommend you read the court papers carefully to see if you have to put in a response/defence to the Court itself. If you don't put in a formal defence when the Court papers require you to, you could find yourself liable to a 'default judgment' and be liable for Court costs etc. Davenport Lyons got, I believe, a default judgment against someone just becuase they didn't bother to file a defence/show up at Court. Do check the Court papers carefully.

[holyjoemuttley]

HI Guys,

 

Massive apologies for the delay in getting back to you. This is the first time I've been able to sit in front of the PC. The joys of having kids!

 

Maroondevo52, In reply to your questions, all payments ceased around May, 2005. As for the Cap1 account, I do know the amount they are asking for hasn't had any charges added. Since the original post I've sent them the letter, recorded delivery and with postal order, and have received another 2 "sympathetic" letters demanding payment. I was thinking whether I should reply to these referencing the letter I sent to them 9 days ago.

 

Concerned100, I worded it wrong. It was all dressed up like a court paper with a form on the back requiring a signature which meant I accepted responsibility.

 

Again, please accept my apologies for not replying earlier.

 

Holyjoe

[holyjoemuttley]

Just gone to get the post and found 2 of these in the post:

 

[ATTACH=CONFIG]23434[/ATTACH]

Edited November 29, 2010 by holyjoemuttley

[holyjoemuttley]

Not too sure if that worked. When I click on it, it's too small to read.

 

Any advice?

 

Regards

 

Holyjoe

[holyjoemuttley]

As I'm not too sure if the attachment worked I've decided to type out the letter instead.

 

It reads:

 

We have requested a copy of your credit agreement.

Thank you for contacting us about your credit agreement. We have asked your original lender for a copy.

 

We will reply as soon as we can.

We will do our very best to send you the information you asked within 12 working days, but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time.

 

We're here to help

In the meantime if you have any more questions we'll be please to help you. Please do phone us on 0113 308 6021

 

Yours sincerely

 

Andrew Bartle

Chief Operations Officer

[sam614]

Ignore and do not phone them.

 

Get ready to send "failed" in dispute when their time is up.

[holyjoemuttley]

Hi SAM614,

 

Many thanks for the swift reply.

 

Wow! Is the "failed" in dispute a proforma letter set out on the CAG site?

 

Regards

 

Holyjoe

[sam614]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[holyjoemuttley]

Hi Sam614,

 

Many many thanks.

 

Holyjoe

[Bazooka Boo]

As for your scans Joe, if in future you can use a host sich as Tinypic or Photobucket or similar, then you shouldn't have any problems and they will be easier to read..

[holyjoemuttley]

Hi,

 

Sorry I haven't posted anything for a while but there's been nothing to report until now.

 

Well their time was up on the 13th so I sent the in dispute letter. Unfortunately, yesterday I received a letter concerning the Capital One account. In it they have a copy of the original application form. Now I don't know what to do. I'm worried to death about it as I really don't have the funds to pay it.

 

They've given me 21 days to reply and for the life of me I don't know how to handle this.

 

I've been thinking about the time when these debts started. I've just remembered that I was made redundant in 2004, but I had insurance on this card. Does this mean that this debt is actually stat barred? I'm really struggling to remember the full situation as it was such a long time ago. How can I find out this information without dropping myself further in it?

 

Also, I know this is a bit cheeky but a friend of mine mentioned that as I'm about to move house I shouldn't do anything as by the time they find me again the 6 years will definitely be up. That seems a bit of a low thing to do but I'm in a desperate situation.

 

Best Regards and Christmas wishes

 

Holy

[Bazooka Boo]

Again Joe, if you can scan and post up what they have sent you it will be easier for others to give advice.

As for the details and the possibility it might be SB, the only concrete way to find this out is to send the OC a SAR, which they then have 40 days in which to supply you with the entire history of your agreement/relationship.

 

When in 2004 were you made redundant? And did you continue to try and keep making payments toward this after that time? If you paid by DD, then you will be able to check your bank statements.

[holyjoemuttley]

Hi,

 

I've tried out tinypic, so I hope these work.

 

These are the papers that have been sent to me.

 

Sorry to sound a bit thick but how do I go about asking for a SAR? Should I reply to Lowlifes explaining that I've requested a SAR from Cap One and that I'll be in touch with them once I've received it?

 

s1180.photobucket.com/albums/x407/holyjoemuttley/

 

Best wishes for the new year to all

 

Regs

 

Holy

[holyjoemuttley]

Hi again,

 

Sorry but as I'd only made 9 posts (now 11) I wasn't allowed to post links. I think I've got around it by taking out the http from the link I added.

 

Let me know if it doesn't work.

 

Many thanks again

 

Holy

[holyjoemuttley]

Hi,

 

Should I write back to Lowlifes? They gave me 21 days from the date of their letter (dated 14th Dec.) to reply. I don't know what to do as I know I'm so close to the debt being stat barred. I've also moved house now so they won't know my new address (this is going on what someone told me to do) probably until the debt is completely stat barred.

 

Regards and best new year wishes to all

 

Holy

[IdaInFife]

Holy's attachments

 

http://s1180.photobucket.com/albums/x407/holyjoemuttley/

[holyjoemuttley]

Many thanks Idainfife.

 

I'm in a panic over this.

 

Holy

[maroondevo52]

Hi, Holy.

 

I'd sit on it until they get write to you at your new address.

[holyjoemuttley]

Hi Maroondevo52

 

Many thanks for the reply and the advice.

 

As I've been in contact with Lowlifes previously regarding the request for the documents from Capital One and Halifax will it effect anything if and when they contact me at my new address?

 

Regards

 

Holy

[maroondevo52]

Hi, Holy.

 

I would'nt think so, asking for your CCA would not re-start the 6 year Stat Barred rule, you could state that you dispute or are unaware of this debt and have requested a true copy of the original signed cca, which, so far, the dca has failed to provide.

 

Regards.

 

Scott.