Lowell Portfolio - SD HSBC DEBT **SET ASIDE**

[patterns]

Hi all,

 

Im new here and hope you can help.

 

Few years back i fell into a pickle and well got in a lot of debts, managed to pay them all off now by settling.

However i still owe a £14k loan and £7k credit card with HSBC taken out in 2004/5.

 

I wrote to all my debtors when i became unemployed and told them of my predicament and i would pay monthly or my dad was willing to help me settle.

HSBC never responded.

 

 

couple years actually passed now and honestly i had actually forgotten about it!

suddenly i started getting letters again from 'Lowell group'.

 

 

i called them told them i could settle,

they only offered 10% off the full amount,

said i couldnt and that im happy to pay say £50 a month until we get to a better solution.

they refused.

 

Suddenly i had a ring at the intercom buzzer in my block of flats saying

"i am an officer of the court let me in" i refused and said he is not here.

 

i do own the property, thats how they found me.

 

i called them today and wanted to discuss what happened.

they dont know i actually still live there (i know i was scared and lied, it happened).

i said i am not running away form them and happy to try and work things out.

 

He said he is the litigation dept and the person that came to the door (who he wouldn't clarify IF he actually was a baillif or just a debt collector) was trying to serve me with papers to file bankruptcy against me as i have a beneficial interest in the property. i didnt respond.

 

he then said if you are not living there and are not willing to give us a correspondence address then we will be able to go to court and ask them for the right to be able to just post it to you seeing as you have a beneficial interest in the property.

 

 

He also said once the papers are served i will have 21 days to respond if not they will go in front of a judge and it will be a simple decision of yes or no to filing me bankrupt, i wont have any say or be able to make an agreement with the courts.

 

We talked some more and he said if i can raise £10k he'll settle, or if i can raise £2k upfront then £160 p/m and i sign a voluntary declaration to put a charge on my property he'll stop these proceedings.

 

this was all roday and honestly ive learnt alot over the years about dealing with debt collectors but these guys are good and have intimidated me.

 

I would like to ask if you guys know where i stand with all this?

i really DO NOT want to be made bankrupt.

are they bluffing though?

can they do this?

really its that simple, im just stuck?

 

 

Maybe i should just agree to one of these options and see if my dads will re-mortgage and help me out.

 

Your advice would be greatly appreciated and eagerly anticipated.

 

HH

[watchinginvestigation2011]

Does your property have any equity?

 

You have stated you are on benefits, they would only benefit by declaring you bankrupt if they would make money out of the sale of your flat as apposed to mortgage owed.

 

It could be a scare tactic although you need to treat it as real.

 

For instance if there is no equity and you are on benefits, like me, when threatened with bankrupcy, I replied go ahead as I would love it, but cant afford the fee. DCA backtracked pretty quick and said if you want to go bankrupt pay your own fee:lol: xx ps. I was in council house though, but they hadnt properly looked into that, but still threatened.

 

If you have equity it would be a more serious threat perhaps, so give as much detail without personal info and help will arrive as how to question the validity of the account etc.....

 

As in last payment paid that you remember.

Have you received default notice and notice of assingment of debt from original owner to dca etc...

[BRIGADIER2JCS]

Have you had any written notification of proceedings at all?

 

When did you last make acknowledgement of the alleged debt or any payment?

 

It seems unlikely that it would be a bailiff unless they are sure the debt is not statute barred.

 

The DCA should tell you when you enquire who called at your address, bailiffs will normally leave

a business card identifying them and the court they are certificated by.

 

This all sounds all very sus to me.

 

Please give any more info so as the others can come up with advice and do not talk to Lowell on the phone

letters only.

 

can you tell us when you last made payment or acknowledged the alleged debt.?

 

Have you had any written notice of action.

 

I think Lowell would be obliged to confirm who called at your door.

 

I can state from professional experience that a bailiff will leave a business card showing their name

and the court that they are certified by.

[postggj]

We seem to have a lowell troll on hand

 

no worries

 

ill get the set asside done for the cagger and you will be paying £300 in costs

 

ive done 20 of these between you and crappyquest

 

kaching

 

cretin

 

Patterns#

 

i take it no statutory demand has been served yet

 

this is thread number three on this new poster

 

can we have them merged

 

thanks

[barbara1950]

I am in a similar situation. Received a SD from Hamptons, contacted them to try and sort out, I had not previousy contacted them, the letter said they will try and help me, but were insisting on a big payment,k obviously didnt have it, but they have not been too helpful, saying it had gone too far and if I dont respond by the 9th April they will petition for bankruptcy. Told them there was no equity anyway, and then if they did that I would lose my job, have nowhere to live and they wouldnt hardly get anything! But he said it was their decision. Any comments or help!!

[postggj]

hi barbara

ive sent a link by pm for you to post a new thread

 

chin up

[watchinginvestigation2011]

Trollie has poor spelling:lol:

 

A legitimate bailiff is only given the case by a court if an account has gone to court, been found in favour of company and then and only then the alleged debtor has failed to pay on an arrangement agreed with the court.

 

If payment is still not paid and debt substantial company can go for statutory demand. But and heres the big but, courts do not like sniffy DCA's going straight for the demands without giving IF case goes their way, the alleged debtor a chance to pay as set by the court.

 

TOO MANY DCA'S INTIMIDATE AND THREATEN HOMES VIA BANKRUPCY ETC....WITHOUT EVEN GOING FIRST TO COURT. So if one goes straight for statutory demand, you can defend it and offer court payment plan.

 

Also if the dca's have such a right to act in this way and it is viable, why do so many not carry through the threats?

 

Because alleged debtor may not have funds, may not own property and be on benefits or whatever, but they still threaten and they are supposed to only use this method if they intend to carry it out.

 

They didnt want to make me bankrupt when rang and said okay I will take you up on the offer and I also notice a lot of their demands get dropped at court.

 

NAUGHTY DCA'S WHO NEED SPANKED BOTTOMS. DONT WORRY CAG IS HERE !!!!!!!!

[barbara1950]

after a sd from hamptons and if you make an arrangement and pay off some of the debt as they ask and you have it in writing from them of the agreement, how likely are they to stick to it and not follow for bankruptcy, does anyone know?

[BRIGADIER2JCS]

Planet Hampton is a strange place unpredictable, unregulated and maverick I would not like to

predict anything they MIGHT threaten to do.

[postggj]

Have you managed to start your own thread yet barbara

[patterns]

Hi guys

 

Thanks for all the replies, seems I came to a good place.

 

Apologies for the multi posting something was up with my pc.

 

And bailiff I'm NOT running away from the debt at all! Please read my post, I have infact settled with every lender I owed money to! In life people make mistakes and we an only but try our best to make amends. If you have nothing positive to offer here please refrain from posting I am genuinely seeking advice which I don't think is wrong.

 

Guys thank you for all your help; ok so..

 

The last time I paid anyhing is sept 2007 when I wrote to HSBC. since then no contact at all. Suddenly Lowell gets in touch. Yes there is a default on my file from boh Lowell and HSBC.

 

I today sent a demand for CCA with £1 postal order.

 

They are to get back to me in regards to a monthy payment figure I can afford to pay with a cahrge on my property. Which honestly if reasonable and affordable I don't mind!

 

I just want to know where I stand ona few of the following:

 

- if they ignore my request for CCA what can I do I heard they can still proceed with bankruptcy?

 

- no card or letter was left at te property. I think theybhave yet to determine whether I live there or not yet.

 

- if the notice is served, how can I suspend or do I have any options? They have told me I don't and that the court will say yes or no to agreeing my bankruptcy, I can't make an offer in court at all tk lay monthly?

 

- any advice welcomed.

 

P.s my property has very little (£3/5k) equity if that.

 

I calle national debt helpline today and they gave me some advice -

 

- possible IVA?

 

I anyone can assist I'm all ears guys!!!

 

In the first instance I've requested my CCA today, let's see if they reply to that.

 

I really look forward tk further advice, you guys have been great

[patterns]

Sorry for bad typo I'm posting from my iPhone I shall try to edit.

[postggj]

do nothing until and if you receive the demand

 

we have then 18 days to set aside

 

simple process realy

[patterns]

Fantastic thank you

[maroondevo52]

Hello and Welcome, patterns.

 

I have unapproved your duplicate posts and removed the nonsensical posts that are no good to you.

 

Regards.

 

Scott.

[patterns]

Much appreciated Scott!

 

I appreciate that. Again apologies as the duplicate posts were due to my pc freezing so I kept refreshing. I'm a genuine user I can assure you.

 

All the best and have a great weekend!

[maroondevo52]

Hi,

 

No problem, we have been having issues with the site over the past couple of days.

[brokebutnotbeatn]

Please note for those of you worried about the 'B' word. Courts are actually very understanding. they will not force the sale of your house; they will not remove your car as a means of transport for e.g. work and they will not reduce you to abject poverty. I know of several close friends who have lost businesses and had to go down this route and they now have their lives back. Me? I'm still madly struggling with a DMP but getting my live back slowly and surely. If it weren't for the kids, my need to rent out my house post divorce and in negative equity and my rediculous pride, I'd have gone bankrupt and be well on my way now! Forget these threats; as someone posted here actually if it can save you the Bankruptcy fee they would be doing you a huge favour. Read up on it as it is not the huge thing to be feared as it was many, many years ago. Once you can put your fears aside you will be able to deal with these DCAs in your stride and with the help of these fabulous people on CAG.

[patterns]

appreciate your words, i understand B isnt so bad anymore. but i cant do it, no chance, id rather they set up a payment plan as they porposed and put a charge on my property. ive just spent the last 4 years re-building my life and creit due to all the defaults and i cant linger another 6. plus i have a good job now and a daughter. Im not going bankrupt, il find a way to settle with them im sure its just i want to know my options and if they bought this debt for £2 then why the hell should i be paying them £15k. but push comes to shove i will find a way

[barbara1950]

yes just going to do it now! I think I should have my own! Im really baffled with everything on here, thers pros and cons for both sides

[patterns]

Hi guys, some more info for you...

 

i last made contact with HSBC in sept of 2007. i said i can pay £70 p/m until i found a job, no reply on several attempts - all sent recorded! i do remember when i defaulted, although not responding to my letters requesting some sort of temporary debt management plan, despite speaking with relevant help bodies they never responded and simply sent me a copy of my CCA for the loan only. That was HSBC not Lowell. i kept a copy of everything.

 

Credit card agreement was actually taken out in 2000 and loan in 2004

 

Ive sent (yesterday) 2 letters requesting CCA one for credit card, one for loan. recorded with £1 postal orders.

 

So IF Lowell do have CCA and its not signed (apparently they try this one now), does that make a difference?

So in any instance i should wait for a reply form them first as you have all mentioned.

 

i will still also wait to see what type of offer they make me - the way i played it was i said 'i have always paid moneies ive owed and happy to always work out any debts i may have but before we do that i would need a copy of the CCA to acknowledge i owe this debt'

i then sent the letter as per worded here

 

im just curious though, what if they do not respond to my letter within 12 days? what do i do?

and should they have the CCA then what?

I heard they should serve CCJ first, ive checked my credit file and Lowell only have me down as 1 default month, no CCJ. Apparently this is frowned on in court as they should serve a CCJ and then give you the opportunity to come to some sort of arrange. in this case what should i do.

im also aware they often serve an SD and go to court without informing you, any way i can prepare for this too?

i know i should first wait for the CCA or relevant response im just trying to pre-empt things

Also can i ask what it the criteria for a Statute barred? i know its 6years but who is this looked at? on my credit file it shows the monthly credit updates and then defaults upto 2008, does this have anything to do with it?

Thanks a bunch, once again

[patterns]

i dont understand your reply barbara?

[barbara1950]

did you do your own DMP, Im in a pickle and not sure what to do, IVe got lowells chasing me with a SD. Not sure whether to let them get on with it, or fight it, maybe a dmp might be the answer. how are you finding it?

[patterns]

request your CCA in the first instance, and then wait for the reply or the SD to be delivered. then update us as you get on. Im just following the advice people posted on here really.

 

yes i did my own DMP - well i negotiated with each lender individually, they all sent me financial statements to fill in, except lowell ofcourse. CALL national debt helpline (0808 808 4000) barbara, i strongly suggest started your own thread so you can get the specfici answers you need, people here are great, and lowell are notorious! do a google search

 

If you are comfortable posting all the specific details of your case, why not start your own thread and list everything there and people will assist im sure.

 

if you dont want to do that (confidentiality - i understand) just monitor here, il keep everyone updated daily if possible.

 

im now waiting for responses/advice to my above questions and the response to CCA or IF they manage to deliver the SD - then i might start to panic. in any instance as i mentioned above im semi-waiting on a settlement offer fromt hem anyway.

 

Dont hide form them id say, dont open the door though! and keep in communication (worded carefully as per advice here)

 

good luck

Edited March 26, 2011 by patterns

[barbara1950]

thanks for the info and your time. The SD has already arrived, last saturday. I contacted them to arrange some sort of payment, but I have started by own thread, eventually, but now not sure how to find my own thread! being a bit dipsy!!