MBNA credit card - Lowells/Red/Hamptons - so scared

[posh64]

Hi I am so worried -

 

I live on my own and have noone to turn to. Baiscally without getting into a long essay I took out a MBNA credit card in 1998.

 

Ex partner used the card but paid monthly up until the last payment march 2007.

 

We stopped getting statements and after spending hours on the phone aguing with them about non statments I gave up. My credit file now says £2000, defaulted November 2007 status history 8...

 

I never recieved a default notice or heard anymore from them. Partner and I spilt up and we both moved in late 2008.

 

Have been renting until last year when I got a mortgage. In 2010 started getting letter sfrom Equidebt offering massive discounts - getting a letter once a month or so. I ignored becouse the card number they refer to is completly wrong.

 

Then all went quiet......now I have had an Assignment letter sent to me from Lowell Portfolio. Then a month later another from Red Debt stating they are going to look at my Credit file for assets -

 

I have a car which I need for work - value is about £1400 and am on 30 hours a week at £6.50 per hour!

 

So I struggling to say the least! Have composed a letter to Lowell requesting copy of original signed CA containg prescribed terms and not addmitting to debt. Sending £1 PO etc etc.

 

I am pulling my hair out here as I have spent hours reading that their Solicitors are likely to send out a SD - so am I right in thinking that I should send this letter ASAP before they do their bit?

 

Please help me......this debt will be SB soon wont it am I right in saying a month after the last payment date - so confused.

Edited December 16, 2012 by posh64
formatting

[padja]

ignore them,

Lowells, red hamptons all the same company all sit one desk down from each other,

as you got a mortgage its pretty fair to say this debt has fallen off your credit file,

 

Lowells buy thousdands of debts for probably about £1 per debt they then send out lots of scary sounding letters to get you to pay,

 

think about it, they buy a debt for say £1 the debt is £1100 they get you to pay £250 of it thats a very tidy profit.

 

You can send the prove it letter in debt library but me personally think this just encourages them to write more.

 

It becomes Statute Barred in November next year.

 

Their solicitors are hampton the next desk down from Red, if you ignore them Lowells write to you, then Red, then Hamptons,

if you still ignore then guess what yup Lowells write then Red, then Hamptons.

 

Debt collectors do like to send scary letters out around xmas, thinking that you will be terrified into paying in case they turn up on your doorstep demanding money

(and if they do that they can be told to go away very easily).

 

I would file the letter away and wait to see what they write next I think they will give up if you ignore and dont worry about them they are toothless

[BRIGADIER2JCS]

Hi welcome to CAG,

You now have a whole bunch of people to turn to!!

 

First point stay off the phone, these people will just try to intimidate you.

 

Before any action can be taken Lowell will have to take you to court, you would have to loose the claim, fail to meet the judgement order all this has to happen before any ''assets'' can be touched.

 

Is the card number still wrong?

Are you sure of the last payment date, have you made any written acknowledgment of the debt since the last payment.

My guess is that Lowell are pushing this beacause the debt will become statute marred March 2013.

 

The CCA request is a good move here, does your letter contain this''I do not acknowedge any debt to Lowell or any company you may claim to represent?

Mark the PO FOR STATUTORY FEE ONLY.

 

Get the letter sent use recorded delivery, check when they receive it then they have 12+2 working days to comply

 

Keep thee wrong account number quiet for now.

[citizenB]

You have been given some good advice -

 

Stay off the phone

Send the CCA request from the CAG library

 

Lowells have been taking some major hits just recently - a lot of the Stat Demands they have issued have been set aside.

IMHO, they should not be issuing stat demands on this type of debt as there are almost certain to be triable issues

 

If they issue a claim properly through the court then you will have the opportunity to defend.

 

You might also want to invest £10.00 and send the Original Creditor a Subject Access Request (draft letter in the CAG Library) you should specifically include that you require the communication log which will detail all the actions taken by them prior to the assignment of the account to Lowells.

 

Hope this helps.

[posh64]

Hi thanks for your help - this debt is on my credit file, I had trouble getting a mortgage but did. So will it become SB in March/April - ie 6 years after the last payment or November when it was defaulted....I am not happy with the Default date as I have read it should be more like a date in July not November....

Will Hamptons forewarn me if they try to SD me - have not heard from them yet. I dont give a monkeys about having a bad credit record as I dont have any credit cards or other loans and all utilities are in place - have had home for 18 months now. I just have no way of paying this £2000 they want or want to considering the money was actually spent by EX who was paying until MBNA stopped sending out statements.

Also can anyone enlighted me as to why Equidebt kept offering me discounted settlements - surely they must have thought that debt would be unenforcable...........so do I CCA RED?lowells? - dont want to risk getting a SD.....how long does it take for them to get hamptons to produce one?

Stomach is churning and blood pressure is 140/106.....

Edited December 16, 2012 by posh64

[posh64]

I rang MBNA and confirmed the last payment received by them is march 2007...........wont ring anyone else - phone rings 5/6 times a day ignoring them. Very grateful for all you guys out there - no longer feel so alone...

Edited December 16, 2012 by posh64

[posh64]

Hi brigadier yes the letter states everything you say....letter is template with me adjusting accordingly. Not mentioned wrong card number. About to catch the post office.

[BRIGADIER2JCS]

Good, CBs advice re subject access request is a good idea!!

[dx100uk]

the discounts will be unlawful PENALTY charges

 

and

 

PPI probably.

 

get that sar off to mbna

 

bet they are they hold nothing

 

dx

[Vila]

Hi Posh,

Just to clarify for you, the precise Statute Barred date in your case is the day after the first missed payment, so if payment was due on 22/4/07 and not paid, your SB date is 6 years from the 23/4/07. The date they eventually condescend to apply the default on your credit file is irrelevant in this respect.

[posh64]

Hello Vila

- held off sending the CCA letter today will do it Monday

- so stressed and tearful.

 

As then the SB date will be March 13 if this did get into court will the defaulted date of November 2007 have any power in my defence

as I am sure I read somewhere there is a limit on the time that it can be..

..and why would it be so wrong a date anyways.

 

When I rang MBNA yesterday they said they sold the debt in December 2007 to Equidebt

- news to me as they never informed me nor did I ever receive a default notice.

 

I didnt even know they sold it, only suspected when I got EQL letters at old address.

 

Studily I didnt ask for a balance from the very helpful guy at MBNA

- I didnt give anything away either

- call was to establish when the last payment date was.

 

However looking at old statments the figure should be £400 less than DCA claim the rest I am assuming is late fees and interest charges........

Edited December 16, 2012 by posh64

[BRIGADIER2JCS]

Straight 6 years from the last payment.

SB = no payment for 6 clear years no written acknowledgment it can and has been argued ( successfully) that the 6 years starts the day after the last payment was made!!

[posh64]

thanks again Brigadier.......Im wondering I this will drag out past this date as long as they DONT come up with the docs. What happens about the SB date if it does get to court.

[BRIGADIER2JCS]

Defaults should be placed with in 6 months of the cause of action, 2 months over is not going to be much help,

 

My guess is they will have problems finding an agreement for a1998 account, they may produce a reconstituted agreement to satisfy the CCA request but need the original to go to court.

[posh64]

hmmm theres some hope then.

[Bazooka Boo]

Plenty of hope, especially if they have farmed it out to this circus outfit to collect.....you have nothing to worry about, they tie themselves up in knots easily.

 

Plus all the letters Lowlifes/Red/Hamptons/Tocato or whatever other name they like to call themselves, are all computer generated, printed and spat out by a computer, the only human input the letter has is when the posty puts it through your door.

[BRIGADIER2JCS]

hmmm theres some hope then.

 

More than some, loads of help we can query, contest and and query some more so don't worry!!!

 

ALL eventuallities can be met.

[posh64]

Thanks guys - so I will sleep tonite.....

[BRIGADIER2JCS]

Good, sleep well!!

[Vila]

Straight 6 years from the last payment.

SB = no payment for 6 clear years no written acknowledgment it can and has been argued ( successfully) that the 6 years starts the day after the last payment was made!!

 

Indeed, if the account in the case you mention was already in default, then the clock would start ticking then.

In the Posh's case however, from what I can gather they weren't in default at the time of the last payment, they only went into default the day after the first missed payment, when cause of action accrued. As time is short and the sharks are gathering, it's important to get it right for Posh's sake.

Just a point, but I don't suppose you live in Scotland do you Posh? In which case you'd already be home free after 5 years.

 

Brigadier2JCS...Do you perhaps have a link to the case you mention? I have a special interest in the Limitation Act. Thanks.

[posh64]

Vila No I live in England.

[BRIGADIER2JCS]

It's a case I that I defended on behalf of a 3rd party before a DJ. around 2 years ago

[citizenB]

I think the SB clock starts ticking from the first missed payment.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

SB debts - Swansea City Council.pdf

 

If you need a defence for a Statute Barred defence, the following would be more than sufficient.

 

 

 

 

1: The Claimant's claim was issued on (date).

 

2: The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3: The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

[posh64]

Hi can I asked you if lowlife use the £1 postal order - even though it clearly states statatory fee only - against the alleged debt will they be in breach? Even if they go ahead and produce original docs requested. Getting nervous about sending it to be honest. Also as I am now getting letters from RED do I still send this CCA to Lowell. All the same bunnies I know - surely the CCA will be put onto the account and flash up to other desks in their grotto. cheers

[citizenB]

Hi can I asked you if lowlife use the £1 postal order - even though it clearly states statatory fee only - against the alleged debt will they be in breach? Even if they go ahead and produce original docs requested. Getting nervous about sending it to be honest. Also as I am now getting letters from RED do I still send this CCA to Lowell. All the same bunnies I know - surely the CCA will be put onto the account and flash up to other desks in their grotto. cheers

 

They can indeed use the £1.00 against the debt - however, this is a gift, and cannot interfere with any SB timing It is a legally required statutory fee for a specific purpose.

 

Red are Lowells and they should not imply they are a separate company otherwise they are in breach of OFT guidelines.

 

I think you need to focus on sending the CCA request. The longer you leave it the more time you give them to send these letters....