Hbos plc old credit card debt - currently paying lowell since 2006

[w1n3pd]

2 YEARS AGO I STARTED PAYING HBOS PLC CREDIT CARD A STATUTORY PAYMENT OF £1 THROUGH LOWELL.

 

 

 

I STARTED DEFAULTING ON HBOS IN 2006. I AM NOT SURE WHETHER I ASKED for a CCA file or not but all of their correspondence mention the original creditor name. So far I have been advised by DX to send them a CCA file. Which I shall do as soon as my printer is fixed.

 

A new development is that none of these appear on my Equifax credit file any more. Do they still have enforcement powers as I have been paying them a statutory payment for each account. They have offered discounts in the past.

 

What should I be doing meanwhile, apart from sending the CCA file? And while I am sending the CCA file, should I keep paying £1? And also should I ask for one CCA file for all of them or separate? In the past they have sent me letters with all three debts mentioned on one letter.

 

LOWELL HAS SENT ME LETTERS OFFERING DISCOUNTS. I am just worried if I do not send them the £1 payments then they might do the traces on my file. They have been hiring McKenzie Hall to do the trace SEARCHES on my CREDIT file. The last one was done in April 2012. Nothing appears after that. Let us suppose that they do not comply to CCA then how come they had the powers to do searches on my file?

 

Thanking you in anticipation.

[dx100uk]

discount letters = ignore the debt

 

send them a cca request

 

dx

[BRIGADIER2JCS]

Hi, how much is still outstanding on the account?

Are you receiving a statement at least annually?

[w1n3pd]

Almost £3000 and yes they send me biannual statements. Thank you for the reply.

[w1n3pd]

Please find below the letter that I have put together based on DX guidance. Shoudl I be sending three separate letters or combine all of them together. I reckon this would help them correspond better.

 

 

Lowell Portfolio

BCW House

24 George Square

Glasgow

G2 1EG

 

 

Dear Sir/Madam

 

1. HBOS: Original CREDIT AGREEMENT No. -----, Lowell REF:

2. LLOYDS: Original CREDIT AGREEMENT No. -------, Lowell REF:

3. CAPITAL ONE: Original CREDIT AGREEMENT No.-------, Lowell REF:

 

 

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 £3.00, which is the statutory fee for these three CCA requests. 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

[w1n3pd]

When you say do not sign, do you mean i shoudl not put my name on it?

[dx100uk]

you must send individual cca requests

 

with a sep £1 po for each with the disclaime on the back

 

I would not be sending them all in the same env

 

they are diff accounts

 

dx

 

print you name

as the doc does using your pc

[w1n3pd]

MUCHO GRACIAS. Have done individually now. On my way to get it printed at my friends place.

[w1n3pd]

Have sent now. I guess now I have to remind them on 17th of July (12+2). Is there anything I should be doing meanwhile?

 

 

You think I should also send them an email telling them what I have done?

Edited July 3, 2013 by w1n3pd

[dx100uk]

12+2 working days

 

no dont do anything else.

 

dx

[w1n3pd]

Hello All,

 

I have just received a reply from one of the HCW/Lowell Portfolio address that I had with me. The answer goes like this;

 

 

''WE return herewith a letter received from you and would advise that we are unable to trace any of the referenced lowell, lloyds, capital one and HBOS accounts on our system. We have traced a Thames water utility account for you at the above address. However utility accounts are not CCA regulated and your request is therefore invalid for this account.''

 

 

 

I had also written to their Leeds offices and waiting to hear from the. At the above address I had sent them three letters together with £1 fee.

 

 

Still waiting to hear from other offices.

[BRIGADIER2JCS]

Can I ask why you are addressing a letter to Lowell at BCWs address.

 

Lowells address for ALL

Correspondence is

 

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH.

 

So which company has actually replied to this 'CCA' request.

 

My guess is you will get nowhere with this it is to confused. BCW & Lowell are not one and the same!

[w1n3pd]

I think BCW and Lowell were once working together to chase me up so I had one address written in my file which was for Glasgow. As I was unsure I did send three letters (regarding Lowell) to the address you wrote above subsequently the very next day. I am yet to receive any response from them though.

 

 

It is also very well possible that the records I hold from my earlier correspondence are incorrect. As I said earlier, I have already rectified this and found the address from Lowell's website and sent to them on 4th of July.

 

Buchanan have replied with the above reply. They have however kept £1 with them.

[w1n3pd]

Hi here is the standard letter I received from these guys. Any suggestions?

 

Same letter is sent back to me for one more CCA request from them.

 

Please see the attached.

[BRIGADIER2JCS]

Still have only 12+2 working days to comply, if no agreement is forthcoming from this one then time to kill it off once and for all.

[w1n3pd]

Grateful for the reply.

 

Is it 12+2 from the date I sent them or 12+2 from the date they notified me?

[BRIGADIER2JCS]

DATE POSTED BY YOU, no leeway.

[w1n3pd]

Thanks,

 

is there any special procedure that I should follow to kill it off or I just stop paying them?

 

what I mean to say is that do I need to email them to let them know that I am stopping the payment? Or A letter is preferred?

[BRIGADIER2JCS]

When/if they fail to comply with the CCA request, you write an state that account is in dispute and you are ceasing payment until the CCA request is complied with.

[w1n3pd]

Thanks for this. Fingers crossed now.

 

I posted this letter on 5th so I shall write to them on 19th/20th of July then.

 

Any particular format to write that letter you will recommend that I should look into?

[BRIGADIER2JCS]

Yep!!

[w1n3pd]

Yep!!

 

 

I have just today been sent another standard letter that is exactly like the above I attached earlier. As 12+2 days have passed. Should I write them a letter/email? Could anyone kindly guide me on that one?

[w1n3pd]

just today I sent the Dispute letters recorded for this one.

 

Will keep you posted for any developments.

 

Just wanted to say how grateful I am for the guidance.

[w1n3pd]

Hello All,

 

Attached is what I received today through the post. Please apprise of your thoughts.

[w1n3pd]

Please find attached the recent correspondence received with Lowell.

 

Please note that they have not suspended the other two accounts pertaining to Capital one and lloyds. This one is going definitely towards the right direction.

 

Also what are the next steps after I have waited for 21 days post dispute letter?

 

Any thoughts are welcome.