RBS credit card debt and lowells

[thomsonl5400]

Hi

 

Hope someone can help with this.

 

Lowell took over this credit card debt 6 months ago from Bank of Scotland.

 

The credit card was taken out about 10 years ago. I stopped repayments approximately 4 years ago.

 

Just got a letter today from Lowell stating they have checked my credit file and see that I am a homeowner

and are threatening to take me to court over debt. Debt is for £8500.

 

Any help with were I go next would be gratefully appreciated as I have a terminally ill mother who I am nursing and this is worrying me sick.

 

Thanks

[dx100uk]

hi welcome aboard.

 

usual threats from lowlife I see.

 

have you checked the credit file yourself.

 

have they brought the debt?

 

time to fire them off a CCA request me thinks

 

lets see if they have the legal rights first.

 

just remember

they are NOT BAILIFFS

 

and have NO SUCH LEGL POWERS.

 

cca request

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

 

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

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 [PC print yourname - do NOT sign it!]

[thomsonl5400]

Hi

 

Thanks for your speedy reply. I will sent the template and let you know the outcome.

 

Thanks again for your assistance, much appreciated.

[thomsonl5400]

H,

 

I contacted you at the end of last year re this debt and you advised to send a CCA letter.

 

I stupidly didn't send it.

 

My mother is terminally ill and with dealing with her illness, time has just ran away from me.

 

I have had to take out a small loan to buy a car to take my mum to hospital appointment

and think this could have prompted Lowell now to go with the heavy handed approach.

 

Two weeks ago I got a letter from BW Legal saying that they have now taken this debt over,

there are two different Lowell account numbers added together on to one BW Legal account number.

 

Then last week I received a letter from Walker Love

saying the were visiting my property on 1st April to serve a legal document.

 

The day after receiving this letter I sent the CCA to BW Legal recorded delivery,

they have until Monday 14th to reply and then I know I can sent a Failed CCA request if no contact made.

I have taken a print of the receiving signature from recorded delivery also.

 

Today Walker Love knocked my door, I didn't answer.

 

I then watched him go into neighbours gardens either side of my property

to see why the could not get in through my back gate (It's locked).

 

I was in a cold sweat that my neighbours would go out to him as he was right up to their doors.

 

I got a note through my front door asking me to contact them.

 

I was trying to put off accepting the papers until the 14 days had elapsed

but don't want Walker Love prowling round my home again

and through other threads see that Walker Love can act on behalf of Lowell/BW Legal

and accepting the papers can be just another threat from them.

 

Can you please advise me how to proceed. I have enough worry just now with my mum.

 

P.S. this originally was a debt with the Bank of Scotland for a loan and credit card.

 

I was a single mum with 3 kids and paying the minimal amount every month

and every month they upped my limit.

 

This debt will drop of my credit file next September with the bank.

 

Thanks.

[dx100uk]

well as they've merged two debts

 

have you sent a CCA request for each?

 

you need too.

 

there no real harm in evading WA

 

if it is a statutory Demand

 

then the 18days don't start ticking till its in your hands.

 

though usually they just post it through the door

 

are you in Scotland?

 

dx

[thomsonl5400]

Hi,

 

I have today sent two CCA Requests as you suggested to BW Legal. I am in Scotland. I will wait until both have been signed for and then contact Walker Love to accept the SD.

 

I will then send the denial slip back pronto. Am I right in asking if I should delete No 4 and should it be sent to BW Legal or Lowell recorded delivery.

 

Thank you again for your assistance.

 

P.S. Will let you know what happens.