Debt Issues

[mhartley]

When I was younger, I was foolish and got into some debt with a few companies. Some pursue it, and some don't.

 

Outstanding is:

 

Capital One

£300

Owned by Lowell

Defaulted 12/09/2008

 

Three Mobile

£259.59

Owned by Lowell

Defaulted 04/03/2009

 

Vanquis Credit Card

£390.93

Owned by Cabot Financial

Defaulted 31/12/2008

 

Edge Card

£696.79

Owned by Link Financial

Defaulted 16/07/2008

 

Natwest overdraft from old bank

£1291

Defaulted 28/02/2009

 

Natwest loan from old bank

£7679

Defaulted 09/03/2009

 

Capquest (Formerly FTC)

£1313

Defaulted 30/11/2009

 

As you can see, these debts are all 4-5 years old now and I receieve the usual phone calls, text messages and letters from a variety of them (Red, Lowell, Mackenzie Hall, Hamptons Legal) though I have no clue as to why Lowell operate under so many different names and who or what Mackenzie Hall are dealing with.

 

Capquest I have no clue who they are and I have no idea about that amount and when I called them, they have no record of anything though they keep updating my credit file with the status code of 8.

 

So my question really is where should I go from here? I've just receieved the first letter from Hamptons (part of Lowell) saying that they are preparing for legal action and if they take me to court and are awarded a CCJ then i will be ordered to pay legal cost and interest plus what I owe etc...

 

I also currently have 12 unrecorded enquiries on my credit file from Lowell ranging from month to month really.

 

I haven't acknoledged these debts via writing and when on the phone, found out that Natwest (the biggest debts) have no record of my debt and my account(s) are closed and they haven't sold the debts on to anyone else. The main pain in my backside is Lowell who offered me a 10% discount if I pay it all off in full.

 

One of the debts (Vanquis) can't be that bad, as I currently have a Vanquis card again which they accepted quite promptly with a £500 limit (I'm not much wiser about getting credit and pay it off in full each month)

 

My takehome covers the bills etc... but honestly can't afford to pay these debts back and with them sitting at 5 years from the default date already, am I best trying to hold out until the 6 year period? What would be my best course of action as I don't really fancy getting a CCJ on my account.

 

Many thanks

[dx100uk]

two tips:

 

stay OFF THAT PHONE.

 

DCA's are NOT BAILIFFS

they have NO SUCH LEGAL POWERS

 

any debt that has had a dicount offered can prob safely be ignored.

 

don't fall for the threat of court either

 

keep off that phone.

 

you COULD CCA them all [ but pers i'd sit tight.]

 

dx

[mhartley]

So just keep doing what i've been doing and ignore them? I've collected the letters and kept the texts (Mac Hall send me a text every week) Surely harrassment? They've rung me on my work phone (self-employed)

 

What if they do decide to take things further? What am i likely to recieve? Court papers? If so, then I guess it's time to fight back?

 

Thanks.

[BRIGADIER2JCS]

Looking at the two Lowell accounts luckilly the two together are less than £750,00 so they cannot use a Statutory Demand on them.

Lowell will be looking to see if your financs have improved so they can up the pressure for payment.

Capquest get a CCA request off to them to see if they actually have any paperwork, there is a statutory fee of £1 for this and they have 12+2 working days to comply,use the template from the CAG library address it to the Compliance manager.

 

Lowell are very litigious at present so for the CAP 1 account a CCA request, the 3mobile account is a service contract so there is no CCA to request, so send the prove it letter from the CAG library.

 

Vanquis paperwork is often ''unavailable'' so a CCA request to Crapboot is in order.

 

Natwest let sleeping bankers alone.

 

The Link card account CCA again.

Then wait and see what materialises.

[mhartley]

Hi

 

Great info here people

 

A few questions though:

 

1. With a CCA request, does that put me in a situation where I've acknowledged the debt, therefore the 6 years start again?
   
2. If they come back and cant find the original contract agreement, what does that mean?
   
3. Does it mean I can get the defaults removed as they've been chasing a debt that is un-enforcable?
   

 

 

So going through, just need to make sure I'm correct here:

 

Capital One (Lowell) - CCA?

Three Mobile (Lowell) - Prove it letter?

Vanquis Credit Card (Cabot) - CCA?

Edge Card (Link) - CCA?

Natwest overdraft from old bank (Natwest) - Leave alone

Natwest loan from old bank (Natwest) - Leave alone

Capquest (Formerly FTC) CCA?

 

Does that sound about right?

 

Capquest (when i called them a while back) thought that I was someone who had a debt with Littlewoods instead and asked if i ever lived on a high street (I haven't) so they seriously have things mixed up.

 

Thanks

[BRIGADIER2JCS]

1. CCA request is a lawful request for information and does not affect the stat barred clock. (if you pay the £1 by cheque or postal order make the face and back ''for statutory fee only''.

2. You place the account into dispute they then cannot ''enforce'' until they ca produce the document.

3. You must have good reason for a default removal unen is not sufficient unless it is decalred irredeemable unen by a court.

Otherwise challenges can be ''late placed default'', unfair default eg default sum is all charges, always difficult to achieve but can be done.

[mhartley]

Can you link me to the appropriate letters?

 

I think the CCA letter is letter N in the library? Can't find the prove it letter though.

 

Many thanks

[mhartley]

Ok think i found them.

 

Prove it - http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

CCA - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

They the up-to-date letters I need?

 

Thanks.

[BRIGADIER2JCS]

Prove it letter; (my own version)

 

To the Compliance Manager

 

U R A Cretin debt collection agency

C/O the bottom of the pond.

 

Ref: use theirs if you have one.

 

Dear Curr or madman,

 

I refer to an alleged debt in the sum of £xxxx.xx which you claim is owed by me in relation to an account with xxxxxxxxxxx, please take note I do not acknowlege any debt to xxxxxxxxxx or any company you may claim to represent.

 

For your information I have no knowledge of any such debt or liability therefore I require xxxxxxxx to provide unequivocal proof that I am in any way liable for the alleged debt.

 

Until such proof is provided the matter is in dispute.

[BRIGADIER2JCS]

Yes they are the templates!

[mhartley]

Ok, my letter looks like this:

 

 

Look ok?

[BRIGADIER2JCS]

after no knowledge of a debt to 3 add and I do not acknowledge any liability for the alleged debt.

 

Otherwise fine.

Get proof of posting.

[mhartley]

after no knowledge of a debt to 3 add and I do not acknowledge any liability for the alleged debt.

 

Otherwise fine.

Get proof of posting.

 

So it now says:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to Three Mobile and do not acknowledge any liability for the alleged debt.

 

Sound ok?

 

The others (apart from Natwest, all need CCA, right?

 

Will get recorded delivery for all letters sent.

 

Thanks.

[BRIGADIER2JCS]

Fine to go!

[mhartley]

Super

 

How about this one for CCA:

 

 

Many thanks

[BRIGADIER2JCS]

Fine mark po or cheque for stst fee only.

[mhartley]

Fine mark po or cheque for stst fee only.

 

Eh? Sorry I don't understand what you said?

[BRIGADIER2JCS]

When sending a cheque or postal order for a statutory fee to any creditor or DCA write for statutory fee only on the front and reverse.

 

Stat fees have been known to conveniently appear as payments restarting the statute barred clock.

[mhartley]

Ahh ok, got you

 

I will head to the post office soon to get this sorted.

 

The only other thing is - I know that one or two of these debts had me making token payments at some point. I honestly can't remember when, but I know that the statute barred period starts from then, so how would I find out this information? Do I still send the CCA or something else to tackle this?

 

Thanks.

[BRIGADIER2JCS]

Stat Barred= 6 years no payment or written acknowledgment of the debt, not to be confused with the default date, which is often up to 6months after the last payment all default entries are removed after 6 years paid or not.

[mhartley]

How can i find out when this starts from as it was such a long time ago and I have no record of my last payment/contact with any of the companies? Is there a letter to find out or do i stick with my prove it leter to one and CCA to the rest?

[BRIGADIER2JCS]

A Subject Access Request under the Data Protection Act 1998 to the original creditor, cost is £10 the creditor has 40 days to comply, template in the CAG library.

Address to the Data Controller and use recorded delivery check date of receipt the 40 days starts then.

[mhartley]

So don't send this to the likes of Lowell, but instead, send it to Capital One etc...

 

Would you still send the CCA to the likes of lowell at the same time?

 

Doesn't the statute barred period count with the Lowell too though? As I was paying money to Lowell at some point.

[BRIGADIER2JCS]

Yes CCA to the debt collector SAR to the original creditor.

Any payment to any party regarding the debt restarts the stat barred clock.

[mhartley]

Yes CCA to the debt collector SAR to the original creditor.

Any payment to any party regarding the debt restarts the stat barred clock.

 

Ok, but will the SAR tell me anything about when the last payment to Lowell etc... was?

 

How can I get Lowell/Mac Hall etc... to tell me when the last payment/letter acknowledging the debt(s) was received?