Blast From The Past

[Harrythehawk Flies Again]

I used to post and use this site back in 2007 and haven't been able to re-generate my old account,

however my comeback is due to an old Credit Card Debt unexpectedly finding me and I was looking for some refresher advice !

 

Credit card is over £10k and was an old Northern Rock/CIS card taken out in 2000.

 

After some marital difficulties in 2007 (wife ran up huge debts behind my back)

I did get the account to a position where it was in dispute,

 

CIS eventually provided inadequate CCA and acknowledged they didn't have anything else to provide me.

I have had 3 DCAs tried to collect (Wescot, Morecroft and Frederickson), the last of these in 2010.

No payments have been made since June 2007, wrote to CIS to say unenforcable under S127 at that time.

 

I have moved house in last year and a letter from Lowells has arrived at new address saying they have purchased debt, also letter from CIS saying they have assigned this.

 

I have the same CCA ready to go that I used for other DCAs with fairly curt follow up letter for when they don't provide it on the back boiler.

 

It has been some time since I entered the Debt arena and when there last time successfully defended myself from many (all) of the wolves from the door.

 

Should I be concerned or do I need to change tactics ?

Especially as I am very close to SB status for this one ...

. which I assume has triggered the sudden interest !

[dx100uk]

is this on your cra file?

 

dx

[Harrythehawk Flies Again]

I don't know, have not checked for along time. Will your link to noddle provide this ?

[fletch70]

The most important thing is to contact lowells and say the account is in dispute since whoever failed to reply to your cvs request.

When they did reply was it faulty so unenforceable in which case 127(3) applies or was the response incomplete in which case it is just failure to comply.

Lowells are quite quick to litegate so you need to keep them off your back until the clear 6 years of non payment or acknowledgement are up.

Depending on the date of default it is quite possible it will no longer be on your credit file.

[Harrythehawk Flies Again]

Thanks Fletch, it was incomplete (no T&Cs etc) and when challenged CIS simply said they had nothing else and that use of the card and the statements over the years proved the debt ! I think the additional letter will go with the CCA request for good measure, this refers to the CIS lack of response and has worked before.

[oleg]

It.s not simply about your SB date being imminent. Coop (so-called ethical bank) off loaded stacks of delinquent accounts to Lowell (ethical debt buyer? lol) and Lowell now chasing all , regardless of proximity of SB dates.

btw, the NoA you say was from Coop was in fact written by Lowell - standard deceitful practice.

If you're worried that Lowell may issue you with a SD, consider letting them run through their threat sequence before informing them that your account is unenforceable. That gives them all the less time to play silly buggers. After a couple of letters from so-called Red, the sequence ends with two or three headed Hamptons Legal. The discount letter means they've reached the buffers.

If you feel the need to strike, then is the best time, in my opinion, to do it. Myself, in your position, I'd ignore. Unenforceable means unenforceable. End of. Besides, I gain pleasure from letting DCAs waste their money sending out drivel.

[fletch70]

S78(4) i think says that so long as they have not complied fully with your S78 request it is unenforceable until they do.

From what you say that is your argument. In the event that they comply fully with a S78 request that is where s127(3) may come in if the agreement is not properly executed.

One of the big debt purchasers have just been rapped in court for not following pre action protocol but it took a legal team to get that.

It is perfectly legal for lowells to issue the NOA.

 

I would get in there now,the last thing you want is to get a SD and have to get it set aside.

 

Admittedly send your letters 2nd class signed for and leave maybe 10 days between receipt and reply. Try to drag it out.

[Harrythehawk Flies Again]

Cheers Oleg, the SD is a concern,

 

Moorcroft went through the threat process right to the 30% discount but I have never been faced with SD or true litigation on any debts in the past.

 

I have a new relationship now, my partner knows my past so this isn't hidden or a surprise

however she is quite nervous as never faced anything like this before and is keen for me to do something rather than wait ...

. I also live in her house and not my own which she feels may be threatened.

 

This is a bit like getting on a bike again after many years, my own low opinion of DCAs was forged over many years of bitter experience ..

... things don't seem to have changed much since the last decade !

[citizenB]

Lowells are issuing stat demands like confetti at the moment.. so you need to get your hands on as much paperwork as you can.. if you send a Subject access Request to the original creditor, one of the things you specifically want is the Diary of events/communication log. Did NR/ CIS send you a Default Notice ?

 

Was there any Payment protection Insurance on the account or default charges ? Statements will show these.

[Harrythehawk Flies Again]

Hi Citizen B,

luckily I have kept every scrap of paper .... alot of which I found in unopened envelopes at the back of my ex-wifes wardrobe !

 

Due to the whole mess I entered a period of financial OCD so everything is logged and in order.

 

I have SAR CIS before and got all the statements.

 

The Default Notice is dated May 2007.

 

There was PPI in the past, around the same time as the default this was cancelled.

 

Subsequent statements then included an arrears charge, overlimit charge and interest (thanks CIS).

 

I have re-acquainted myself with the massive file which I fished out of my parents loft today

so happy I have my ducks in a row as things stood in 2010,

I just want to make sure this is likely to be enough to fight off this latest attack.

[BRIGADIER2JCS]

When was the last payment made on this account?

[Harrythehawk Flies Again]

Last payment was June 2007

[BRIGADIER2JCS]

So statute barred June this year. No unequivocal admission /acknowledgment made in the 6 year period.??

[Harrythehawk Flies Again]

No, anything after this time I sent went with the "I do not acknowledge any Debt" stated at the top. Same for corres to DCA following 2007.

[BRIGADIER2JCS]

This is obviously the reason for the activity now, they hope you have no knowledge of Limitations Act and will panic and pay up.

Keep them at arms length now.

[FitForPurpose]

This is a classic case of a debt being sold on and sold on and sold on. I guess we can look on the bright side - it appears that Lowells have been a bit diddled if they purchased a debt from another DCA who probably knew it was unenforceable when the sold it

 

Another tactic for dragging this out until the finish line of the SB date would be to wait 10 days after receiving a letter from them before writing back acknowledging receipt of that letter and that you will respond in full within 10 days. I learned that trick from a utility company!

 

However, if a full agreement can't be located then the debt is unenforceable anyway. If things do progress, you may need to CCA Lowells. I know you have done this for CIS and they failed to adequately respond, but I'm not sure that would be a defence as the debt is now owned by pursued by Lowells. So I think you might need to show that they can't enforce it.

 

FFP

[fletch70]

I recently contacted lowells telling them an account was in dispute because of non compliance with a cca request and they have replied with the account is on hold while we get the paperwork from the OC. I realise it is horses for courses and either approach will have the same long term result.

 

Just options.

 

As stated before there seem to have been a flurry of assignments recently, not sure if this is to do with the end of the financial year approaching.

[DonkeyB]

SB doesn't bother Lowell. They have a whole stack of magical payments that pop up just in time.

[fletch70]

Luckily the OP seems like an excellent record keeper.

[Harrythehawk Flies Again]

Got the CCA request and bog off letter to Lowells today by RD (2nd class).

 

Letter waiting when I got home from Fredrickson International collecting on behalf of Lowell !!! Now Fredrickson sent an identical letter in August 2008. I CCA'd them and they sent a large envelope full of statements !! Sent curt response to them September 2008 advising they had failed to supply true copy CCA and to bog off, that CIS had failed to provide this and if they pursued this further I would take legal action. Nothing heard from them since ever.

 

I do want to write back, do I need to CCA them again or does my original unfulfilled request still stand ? any ideas on wording or any grounds for harrassment or any offences committed here ? (have copies of all of their corres from 2008)

[BRIGADIER2JCS]

Yes refer them to your previous request and confirm that the account remains in dispute.

If this os the 1st contact since 2008 it's hardly harassment.

[Harrythehawk Flies Again]

ha ha no, agreed probably stretching a point there

[renegadeimp]

I would tell the DCA to do one. They failed to provide a copy of the agreement before, so they still wont be able to provide one now. For now, my advice would be to ignore them until a reply comes back from your CCA request. They dont own the debt, so they cant do ANYTHING apart from stamp their feet and call you names.

[fletch70]

If they are acting on behalf of lowells you do not need to cca them. However if you wish you could drop them a two liner by email or letter telling them what you have done.

[Harrythehawk Flies Again]

Update - both letters to Lowell and to Fredrickson confirmed received and signed for by RD tracker.

 

Today 2 letters from Fredrickson.

 

First one a big yellow card in an envelope advising ADDRESS CONFIRMED ..

.. no sh*t Sherlock, my address was on the letter I sent you ..

... then went on about how I need t contact them, we will commence litigation etc etc.

 

Next letter, thank you for your letter, re ref xxxx, we are no longer acting for the client.

 

Now this is a response under the old reference but same account no. .....

.. I did clearly quote and state both of their reference numbers but no reply re the new reference number ..

.... or a reply to my letter from 2008 I asked for !

 

Really, shouldn't surprise me as I remember writing countless letters to the like of these people pointing out the errors and stupidity of not reading letters correctly ...

.... I realise this is probably on purpose to frustrate me.

Well, they have the letter, it is signed for, up to them to send me something that doesn't exist I have been waiting 5 years for !!