lowell/bw legal SD for old CAp1 debt ...HELP!! newbie!!

[AndyOrch]

If you could answer the above questions sara then Ill move onto a none response.

[wendyboats]

Hi Sarajonsey ,

 

Just read your situation and my heart goes out to you and i can say with some clarity that i know exactly what your going through as my story is very like yours and involves same companies.

 

I veiwed your credit agreement and was shocked to see it was not at all like i was given as my original agreement and it has confirmed to me i have been given a totally altered copie.

 

The one you show is the one i signed in 2006! so i thank you for that as iv been trying to view one.

 

We need to all compare letters etc so i'm going to try and upload my papers later for view inlight it might help us all find the key to this dilemma i will keep all posted xx

[sarajonsey]

joint mortgage, no assets....possibly a little bit of equity but hardly anything.

[sarajonsey]

Looking back through my box of stuff, the last letter they wrote to me was back in 2011 where they had my CPR31.14 request and they had been told the account was in serious dispute.....the letter they sent me said that there was no record of a dispute (I have all the letters and receipts for posting them registered mail) and because I hadn't responded further they were "returning my account to the collections chase ".( I keep EVERYTHING! so how they can say there was no dispute ..I have all the letters and replies)

Since then all the letters have been sent to the wrong address so I have not had the chance to respond, until the SD delivered by hand.

Edited September 4, 2013 by sarajonsey
spelling

[wendyboats]

joint mortgage, no assets....possibly a little bit of equity but hardly anything.

 

Same here but my half of equity is nearly £40,000 my original debt was £450.00 on £500 limit and i paid DD i moved one month after took out 2006 and never got one statement or notification i had gone over limit in first month with PPI and fees, now on a disputed £850.00 debt they are asking £20,000 ! xx

[sequenci]

Sara, have they ever issued County Court proceedings against you?

[wendyboats]

joint mortgage, no assets....possibly a little bit of equity but hardly anything.

 

I replied on your Thread xx

[sarajonsey]

just to add as well.....no default letter.

[sarajonsey]

no Sequenci only SD no CCJ that I am aware of.....in every letter they sent they say "we may take it as a next step"

[sequenci]

Thanks for that, the reason I ask is that the CPR31.14 letter is sent once county court proceedings have been brought against someone. Bankruptcy proceedings follow a different sent of rules and processes (annoyingly).

 

We've a few people going to take a look at the thread, we should be able to provide lots of help and support going forward - we're just awaiting for people to come online.

[sarajonsey]

Ok ...thanks Sequenci.... any help is gratefully received...... in the meantime I will send off the letter with the offer of a payment and the first payment enclosed as advised by unclebugalria67.

[sarajonsey]

Same here but my half of equity is nearly £40,000 my original debt was £450.00 on £500 limit and i paid DD i moved one month after took out 2006 and never got one statement or notification i had gone over limit in first month with PPI and fees, now on a disputed £850.00 debt they are asking £20,000 ! xx

Glad that anything of mine can help you in your situation....I can fully understand how you must feel .

[sarajonsey]

Sent the letter Registered post...but what happens if they don't reply....?

[unclebulgaria67]

Sent the letter Registered post...but what happens if they don't reply....?

 

Think you have asked this before. If they don't repond, then if they proceed to issue a bankrupty petition against you, then you challenge it, showing that you had offered payment based on affordability. That you have no assets to pay them, as there is no equity in the house. They would be creating an even bigger debt by using bankruptcy which would not achieve them getting payment. Cannot see any Judge accepting that bankruptcy was a sensible option.

 

They should respond, but it may take awhile, as they would have to consult Lowell.

[42man]

If it was me in your position then I would be fighting it, but are you prepared to go to court to fight your corner and show that you won't be bullied ? You have clear evidence of a dispute that they haven't fully addressed from what I can see. If you do go to court then you should be forearmed with relevant knowledge. Bearing in mind that I certainly would want to see all compliant paperwork.

 

As has been said you have 18 days from the date the demand was delivered to you to set aside at the nearest court to you that handles bankruptcies / insolvency - you can find them here (reason being is that not all county courts handle insolvencies / bankruptcies) - https://courttribunalfinder.service.gov.uk/

 

You will need to have a read of this thread here and the links contained in it - http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!&highlight=lowells

 

I will say again you need to be able to fight your corner and show your resolve. If you need help give a shout.

[sarajonsey]

Thanks 42man

I would like to fight it, but don't know whether I can do it?

 

I appreciate all the help given on here,

 

I have since replied to that letter now with the advice given,

 

however have started to get the letters coming in now from all the others, same position....disputed,

they have replied with recon or nothing all all except a letter saying "no matter what you still owe this money and we will not go away", i

t would seem that they are all taking the same route now. I have 5 in all.

 

Each one has been in dispute since 2009/2010 ,

each has been tossed around a selection of DCAs ,

each of them I have been offered a substantial discount...

quiet for a long time and

 

now they have all come back with the going to court route to petition for bankruptcy.

 

Each letter suggesting that I have not given enough evidence to support my dispute?

 

I have followed all the template letters on here....

[dx100uk]

p'haps start threads for each one

 

certainly

 

if a dca is offering a discount

 

theres a reason

 

you need to find it out

 

prob PENALTY charges or PPI etc etc.

 

are all these debts showing on your CRA file too?

 

dx

[sarajonsey]

Because many of the defaults go back to 2005/2006 they have gone off my credit report as the six years has passed.

[dx100uk]

so they've mostly been defaulted 6yrs prior and have dropped off never to return.

 

the statute barring date will be 6yrs from you last financial transaction or written ack

with you signing the letter.

 

so you need to do some digging.

 

dx

[sarajonsey]

yes, I know that I made reduced payments followed by token payments after this.....luckily I keep everything so will go through my file and check but my guess is that although they dropped off the record they are not statute barred.

[unclebulgaria67]

When did you stop making the token payments exactly ?

 

What disputes did you register ?

 

Do you have all the paperwork for these disputes ?

 

Are you in a good place where you can go into a court room to make arguments, if there is a hearing ? You could be arguing against Solicitors acting for BW Legal/Lowell.

 

You really have to be in a good position, if you want to apply for the set aside. If you are not ready, it is better to make affordable payments and to then make enquiries about any dispute issues you have. It is giving you time to challenge any unfair charges etc.

[sarajonsey]

....and yes there could very well be charges or PPI as when they send a statement of account they send the figure they say is outstanding, I have no idea how they reached that figure? because they haven't sent that information.

[sarajonsey]

without having the paper work in front of me I think payments were made until 2009/10.

[sarajonsey]

When did you stop making the token payments exactly ?

 

What disputes did you register ?

 

Do you have all the paperwork for these disputes ?

 

Are you in a good place where you can go into a court room to make arguments, if there is a hearing ? You could be arguing against Solicitors acting for BW Legal/Lowell.

 

You really have to be in a good position, if you want to apply for the set aside. If you are not ready, it is better to make affordable payments and to then make enquiries about any dispute issues you have. It is giving you time to challenge any unfair charges etc.

Yes I have kept all the paperwork, I sent the CCA request and when this wasn't complied with I sent the next dispute letter and that was it, didn't hear any more it just got passed around a lot of DCAs sometimes several at the same time so I sent an harassment letter as well.

[sarajonsey]

What response do I sent the others who are now threatening pre-court action.....I have already replied to the SD....taking unclebulgarias advice in offering a token payment but now I have another 4 to deal with who have just suddenly come out of the woodwork

Edited September 9, 2013 by sarajonsey