advantis credit limited for lowells - old cat debt

[ffflimuk]

This morning i have just recieved a letter from advantis credit limited.

 

The letter states that "theit client" has instructed advantis to undertake debt recovery action against me.

 

There client is "lowell group"

 

this is a debt i have let get buried quite some time.

The actual debt is from a shop direct catalogue from some time ago, but can't remember the exact details.

 

The letter goes on to say

" if we do not hear from you within 7 days they may take further action against me"

 

then the letter goes on to say we'll apply for a county court judgement and it will harm my credit in the future.

 

Can someone give me a bit of advice on what to do with these?

 

they have started phoning me up but only leaving a message as i'm never really in to answer the phone.

 

 

I know the next time they ring and i answer the phone i should tell them not to phone and only contact me through letter.

 

can anyone direct me to what letter i should send back to them?

 

by reading through the forum i assume i can claim back charges from shop direct,

not sure what charges are on there but... i know there is quite a few.

 

this is the first letter from advantis, i have had letters from lowell but i've always just binned them. (they never contacted me by the phone, just through letter)

 

Help is appreciated.

[dx100uk]

nevr talk to a fleecing DCA

 

if its an old cat account

it'll be 90% PENALTY fees

 

is this on your cra file?

 

see below

 

dx

[dx100uk]

oh and read the threat-o-gram PROPERLY

 

it does not say WILL

 

every word but.

 

dx

[ffflimuk]

nevr talk to a fleecing DCA

 

if its an old cat account

it'll be 90% PENALTY fees

 

is this on your cra file?

 

see below

 

dx

 

 

No, i can't seem to find it on my credit file. Just checked it.

 

i'm subscribed to the checkmyfile credit report.

 

What would be the way forward?

[BRIGADIER2JCS]

Trouble is check my file uses 2nd hand data and can be out of date.

 

When was the last payment or written acknowledgment made on the account please?

[BRIGADIER2JCS]

Would be checking on the age of the account, the Qs asked in post 5.

[ffflimuk]

Trouble is check my file uses 2nd hand data and can be out of date.

 

When was the last payment or written acknowledgment made on the account please?

 

I'm not actually sure, when the last payment was made. but i know i've never made a payment to lowell or these ever. i've also never acknowledged to them in writing, this account is old, i'd say around 4 years old. could be even older, but i'm not sure.

 

what would the best way be, to find out how old the account is?

[ffflimuk]

just found on equifax that this account was actually closed on the 4th of january 2012, it also tells me that the default balance was £184, and now the balance is £400+ when it was closed.

[ffflimuk]

account opened on 2008 but not sure when the last payment was made to that account.

[BRIGADIER2JCS]

I would suggest checking on of the proper credit reference agencies Experian ( Credit Expert) and Equifax have 30 day free trials, if this in not on those it a more than fair chance the account was defaulted more than 6 years ago and possibly may be statute barred.

[BRIGADIER2JCS]

just found on equifax that this account was actually closed on the 4th of january 2012, it also tells me that the default balance was £184, and now the balance is £400+ when it was closed.

Sorry posts crossing.

 

Closed by the creditor, and taken over by Lowell?

[BRIGADIER2JCS]

I think a CCA request to Advantis, this increase in the debt is very suspicious.

[dx100uk]

ok time to get an sar off

 

whos the cat company.

 

dx

[ffflimuk]

Sorry posts crossing.

 

Closed by the creditor, and taken over by Lowell?

 

Figured that.

 

Nope, all it says that is was closed "Closed 4 January 2012 (balance £412)" and the actual default balance was £184, there is nothing regarding lowell or anyone else.

 

Is there any template for a cca to send to advantis?

[ffflimuk]

ok time to get an sar off

 

whos the cat company.

 

dx

 

I think it's littlewoods or additions, i cannot remember, all i have on my credit file is "mail order agency" going through my paperwork i cannot find any reference for who the debt belongs to! I think it's additions though.

[BRIGADIER2JCS]

Yep in the Cag library CCA Request.

 

As dx said also a SAR to the catalogue company Is needed, there us also an excellent template for this.

[ffflimuk]

Yep in the Cag library CCA Request.

 

As dx said also a SAR to the catalogue company Is needed, there us also an excellent template for this.

 

Thank you, will get onto that.

[BRIGADIER2JCS]

If you need help just shout.

[dx100uk]

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

............

 

 

cca request

[ffflimuk]

Thanks for that!