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

[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.

[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:

[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....

[citizenB]

When did you send the letter - was it recorded or special delivery ? Recorded delivery is processed with normal 1st class mail with a signature at the end. Bear in mind that your letter will almost certainly be caught up in the Christmas post and might take extra time to arrive.

[citizenB]

Hi Its was sent 1st class Recorded Monday.....its now Friday and PO still saying in progress...where do I stand if they produce a SD?

 

You have the proof of posting receipt.. as far as you are concerned the letter has not been returned, therefore it has been delivered.

 

Considering it is the basis on which the DCAs work.. with NO proof of posting at all, I am sure there will be no problems..

[citizenB]

Well the non compliance of your s78 request means there is definitely a dispute - so they should not even consider taking legal action.

 

I am not sure whether you should send any further letters at this time - perhaps wait and see what others have to say.

 

Are you still receiving phone calls ?

[citizenB]

You should keep your copy of the letter you sent requesting the money back - it is likely they will have credited this money to the account in order to mess up any statute barred timing. In fact they are wrong, and it wont.

 

You made it quite clear what the £1.00 was for - if they have indeed credited it to the account, it is an unsolicited gift.

[citizenB]

If the 14 days are gone, then you should make your complaint to the Office of Fair Trading.

 

They have a complaint form on their website

[citizenB]

Well here we are all these months later and BOOM a reply - to inform me that the CCA request payment of £1 was an admin fee and is non refundable - even though they have no proof debt is mine!

 

It is actually a statutory legal fee for the CCA request.

[citizenB]

As they didnt provide it shouldnt they return the fee?

 

I would have said yes, but I doubt they will. Just as long as they are aware that if they have applied it to the account, then they CANNOT say that you made a voluntary payment towards the account. I would say, if it can be proved that the debt is not yours, then it would be worth pushing for the return of the fee.