Lowell portfolio was compucredit was providan national bank

[sickasachipsotherhalf]

Hello me again.

Got two threads going this one and Lowell portfolio was barclaycard

 

I have been getting calls from Lowell portfolio and have asked them verbally for a

copy of an agreement,

assignment notice,

default notice and

details of last payment to them as I am pretty sure that it is not a kick in the bum off being SB.

 

they have now provided a 'reply card' as a form of an agreement

now saying they are 'entitled' to payment now as they have produced this copy of a card?

 

I'm going to get it uploaded tonight if I can if not it will be tomorrow.

 

I have got the stop calling letter ready to send for this one in the morning as they had the stupid idea to call me at 8am on a Saturday morning,

before that they rang every morning at around half 8 just as we were trying to get ready for work and school!!

So they have officially annoyed me!

 

The date on the reply card is 2001 and it's for £2500.

 

No idea if this had PPI on but I'm going to do a SAR request this week to see where I stand and officially request the information.

 

Am I right in thinking that if they then do not provide all the information in the SAR then the account is then in dispute and they can not then technically take this to court??

 

Thanks people appreciate the input!!!

Edited October 21, 2012 by citizenB

[citizenB]

Am I right in thinking that if they then do not provide all the information in the SAR then the account is then in dispute and they can not then technically take this to court??

 

 

No, you can only put the account into dispute if they fail to comply with a CCA request.

 

They are not obliged to provide the agreement or terms and conditions with a Subject Access Request. Bizarre, I know, but the agreement is covered under the Consumer Credit Act.

 

The SAR is covered by the DPA 1998 and if they dont comply with the request for data within the 40 calendar days, then you can either issue a claim against them in order to have a Judge force them to comply or you can make a complaint to the Information Commissioner

[dx100uk]

urm....passed three times around already

 

bet its SB'd

 

when was YOUR last financial transaction on it?

 

does this show on your cra file?

 

see below

 

dx

[sickasachipsotherhalf]

Sorry, please bare with me, really new to all this,

 

I'm going to ask a few questions,

 

is it better to send the SAR or cca or do both?

 

Better half far more supiour at this.

 

And what's the best way to get on to your cra file?

 

I have been guilty of burying me head up my own bottom,

 

which Im finding to my cst is not the way forward.

 

Again thanks in advance

[dx100uk]

see below for the CRA file

 

noddle is free.

 

as for the other bits

 

lets see if this debt & your other one show first.

 

might just be a case of firing off a single letter

 

but get the CRA first please.

 

dx

[Bazooka Boo]

This definitely has all the hall marks of being statute barred.

[sickasachipsotherhalf]

tried again

[Asbestross]

With the signature date being Mid- 2001, I would also suspect this is SB. Do you know when the last payment or acknowledgement was for this debt?

 

Also the document they provided is non-compliant. No T&C's, No loan amount, No interest rates, No repayment terms.

If it's not SB, then its definately not enforceable.

 

Good luck

[sickasachipsotherhalf]

Date of default 29/10/2007

 

Account start date 18/07/2001

Taken from noodle.

[Bazooka Boo]

12 months till Sb then...give or take 6 months...Do you know when you last paid toward this?

[sickasachipsotherhalf]

Hi, statements have arrived. Last payment was March 2007.no PPI but lots of late payments etc

[sickasachipsotherhalf]

equifax have this down as default 29.10.2007!!!!!!

they also have a difference in the default balance and the current balance. 2k more on the default amt than the amt owed??

[dx100uk]

any late payments since 6yrs from today?

 

me thikns if you add up ALL the late payments and add their int

 

that will wipe the debt out?

 

use

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

dx

[sickasachipsotherhalf]

HI DX thank you for your help.

 

I have looked through what they ahve sent me and its not all copy statements

its a computer printout of what looks like activity on the account.

 

The total late fees start mainly in feb 2005 and are every month.

Then overlimit fees are added.

 

Total for the whole lot is £708.

 

I need to do your spreadsheet and work out the interest

but I also need to look into a payment that they have on the account for June 2007.

 

I'd not paid anything prior to that one payment sinec the start of March 2007

so cant understand why I would have paid something in June.

[dx100uk]

ah the old phamtom payment trick.

 

if push comes to shove

 

you need to ask for the complete details for that payment

 

like who paid it

from where

 

etc etc

 

VERY common trick for one of the DCA's in the chain to add a phantom payment record

 

esp in early in 2007 ,

 

dx

[sickasachipsotherhalf]

GRR how unfair!

The letter that accompnied the printout (I'll not call them statements as there is only 2 copy statements the rest is an account activity print out from what I can gather)

stated that now they have provided statements they are ENTITLED to payments!

 

Can I string this out till worst case June next year do you think since its so close to being SB??

[unclebulgaria67]

GRR how unfair! The letter that accompnied the printout (I'll not call them statements as there is only 2 copy statements the rest is an account activity print out from what I can gather) stated that now they have provided statements they are ENTITLED to payments! Can I string this out till worst case June next year do you think since its so close to being SB??

 

Yes you can correspond with them and it may take a while for you to have the information you need.

 

I would suggest that you sit down to look through what they have sent and to write down every entry that you can possibly query. You are entitled to know the details of any payment made. Who paid it, the method of payment. If by debit/credit card the card number used, if by cheque details of the cheque received.

 

You might also have a query regarding the calculation of interest added to the account and require a complete breakdown of the calculation.

 

Then send them a recorded delivery letter requesting the information.

[sickasachipsotherhalf]

Thank you for that unclebulgaria. looks like it will take some work so I will get onto that this week! Thanks

[sickasachipsotherhalf]

HI DX

 

I've looked at all the charges according to the statement thing they sent me and the last charge was September 2007,

does that make them too old to do anything about??

[sickasachipsotherhalf]

Letter from them today saying I have given no good reason why I've not paid so pay now or else!. Think I'll file away!

[Bazooka Boo]

Ha ha ha, silly little children.

 

Do they not realise that we all laugh at their silly letters? C'mon trolls, your no longer the ones with the power of knowledge, so stop wasting paper and sending out your junk mail in the hope that someone falls for it.

[sickasachipsotherhalf]

I think they have tried to ring again today too!!

[Bazooka Boo]

Ofcom, OFT, & TS.

[sickasachipsotherhalf]

Well Lowells have been very busy!

 

Had 4 letters from them.

1) We regret to note despite previous correspondence regarding your account we have not recieved payment or a valid reason for non payment.

 

2)Despite the fact that we have offered you numerous oppotunities to resolve the debt it remains outstanding.

Payment in full is required in 5 days or applying to have the debt secured on your home, deductions of earnings along with court costs and interest.

 

3)FROM RED DEBT COLLECTION SERVICES (REGISTERED ADDRESS EXACTLY THE SAME AS LOWELLS)

Recovering what you owe.

Lowell have passed your account details to us so that we acn collect the money you owe on their behalf.

you must now pay us £XXXX.

We are specialists in assessing accounts for litigation.

so we will be obtaining a copy of your credit file in order to review your financial circumstances

and the information in it will help us decide the best way to recover what you owe.

 

They then go on to say possible CCJ with the same as the 2nd letter from Lowells

or they could serve a statutory demand upon where you do not then repay petition for bankruptcy.

 

Letter 4 to follow!

[sickasachipsotherhalf]

Letter 4 from LOWELL GROUP

 

in regards to the letter recieved into our offices from you on XX Of October which referred to concerns raised by you.

 

I have investigaged your concerns and this letter sets out the results of those investigations.

 

Summary of complaint :

Telephone calls

 

.Findings:

I apologise for any distress or if you have felt harrassed by our pursuit of this outstanding balance.

I woudl advise that this is not our intention and the all our proceedures comply with regulations and codes of practice laid down for the industry which we operate our business,

 

however following reciept of your letter all telephone numbers have been removed from our systems.

 

I have investigagted all calls that have been made and I would advise that we hold 2 accounts in your name.

 

In regards to this account I feel it is fair to advise that following your request for documentation the account was put on hold and no further calls were made.

 

I would also advise that the documents have been provided to substantiate our claim for both of the accounts held in your name.

 

As a result of this you would need to contact us to discuss a payument plan.

 

The accounts have been placed on hold for 28 days to allow you sufficient time.

 

It then goes on to give details of the FOS.