Fred/lowels and their legal threats old morethan card now lloyds

[englishminx]

Hi, please excuse me if I have posted in the wrong area,

 

I had a credit card with MoreThan in June 2004,

 

in June 2006. out of nowhere Morethan stopped supplying my credit card,

and the account changed names to Lloyds, and

 

I was sent 2 credit cards in the post,

1 a mastercard and

1 a visa I think.

 

I never signed a credit agreement with Lloyds, when they sent me the cards.

 

Due to long term sick at work and losing my job,

I got into a lot of financial problems,

and defaulted on this credit card in December 2008.

 

My last payment to them was May 2008.

 

After the initial letters whilst depressed, I never heard anything for a long time,

 

over the past few years, the debt has popped up with numerous DCA's sending me letters,

but about 4 months ago, I had a strange letter from Llowels saying they now owned the debt,

and have been sending me monthly statements.

 

I am now receiving daily texts, and daily calls on my mobile and home phone from them (my house is currently being sold),

so I am not living at the address, so the calls there are not a problem,

 

today I have received a letter from their legal department threatening court action.

 

I have today checked my credit file, and my Lloyds default has been settled,

and at the same time, I now have an account with Llowels on my credit account for this.

so it looks like 2 bad accounts as well.

 

My questions are, firstly, any advice of how I should proceed.

2) Can they do this on my credit account,

 

My worry is I am moving in with my bf, who is very credit conscious,

he knows of my problems from my past,

but wants to deal with it for me,

but I am scared that contacting them,

will mean I am admitting I owe the money and I will never get them off my back.

 

Thank you

[silverfox1961]

Hi

Firstly, if after one month the two defaults are still there, contact the credit reference agency to dispute it.

 

Once a debt is sold, the new owner places their name against the original default and the Lloyds one 'should' disappear within one month.

 

 

DO NOT ring anyone! Deal totally in writing and to cover yourself, any letter should be headed, "I acknowledge no debt to you nor any company you claim to represent."

 

In the library are some letters to help deal with the phone calls. Never sign a letter-digitally print it.

 

The biggest problem you have with Lowells is that they use Statutory Demands as a debt collection tool and as such, they go for property owners so get the house sold ASAP.

 

Another issue is 'Financial Association'. Once you move in and start having post directed to the new address, you may find a Financial Association on your BFs credit file which 'may affect his credit score. Defaults (and the like) should be about the person and not the address but some creditors see it as being just as bad so you may wish your BF to attempt a Financial Disassociation with the CRAs

 

As this is a credit card, send the Leeds Losers a CCA request and it may be worth sending Lloyds a SAR to see what data they have for you (if any). This may show whether charges (and/or PPI) have been added. These can be reclaimed.

 

If you do sell the house and have a profit, you may wish to think of a Full & Final offer. If so, ask here first as there could be complications if you don't follow procedure

[BRIGADIER2JCS]

Hi how much is outstanding?

 

Your best move now is a CCA request to Lowell use the template from the CAG library there is a statutory fee of £1 Lowell have 12 +2 working days to comply, this will show up if there is actually any agreement for these cards.

As silverfox said the new owner is obliged to update the CRA files with their data, the original default date must never be changed.

 

You can place a notice of dispute on each CRA entry.

 

Requests for information do not form an acknowledgment of the debt.

 

It would also be a good idea to make a SAR to Lloyds to get all the data on the account, there is a statutory fee of £10 the creditor has 40 days to comply again there is a template in the CAG library.

[englishminx]

Thank you both for responding so quickly,

 

The amount owed is almost £3000.

 

I did receive a letter in the summer from Lloyds (who I haven't had any correspondence from for a few years) saying they had sold the debt to Llowels. Then the communication from Llowels commenced.

 

Both are showing on credit reference, although Lloyds is showing as settled at the time it passed to Llowels, although it shows my history of payments and default in the monthly tracker.

 

Llowels just shows as defaulted, (the dates, amounts etc, all identical to the original dates with Lloyds), so they haven't amended the default date, it just looks like I defaulted 2 companies at the same time.

 

When sending the payments to them both, should I send cheques from my bf, or a postal order? I just thought the cheques we would at least know if they cashed them.

[silverfox1961]

With postal orders, you can check with the post office as to whether they have been cashed

[BRIGADIER2JCS]

The Lloyds account show settled because Lowell have paid for it.

 

You don't pay Lloyds and Lowell, just Lowell BUT not until they prove that they have a compliant agreement for the account, personally I doubt one exists from what you say.

[englishminx]

Sorry this might seem a stupid question, as Llowels have settled the Lloyds debt and now they think they own it, in the CCA letter that I have looked at in the library, do I take the bit out to CRA, or leave that in, as I am confused if they are still the CRA, or now the debt owner?

Thank you

[BRIGADIER2JCS]

Lowell have bought the account with all the rights, benefits and obligations of the original agreement and are the beneficial owner of the 'debt'.

 

Yes leave the section re CRAs out it's not relevant at this moment,. We can sort the CRA entries when we find out about the agreement status.

 

Lowell are a debt purchaser, and use various trading styles Debt Purchase portfolio are usually named as Lowell Portfolio and Lowell Portfolio 1, debt collection trading styles are Red Debt collection but Lowell also us a number or 3rd party debt collection agencies, then there is their 'legal department trading as Hampton Legal.

[englishminx]

Dear AllThank you so far.

 

As Fredericksons were the last to contact me,

should I send the CCA to them or Llowels,

I thought if i send it to Fredericksons,

it would at least stop them proceeding,

and push back to Llowels,

but they may just reject it.

 

Also another question, the letters all have PO Boxes should I send it to the PO BOx,

or is there other addresses to send it to,

i thought i would need to send it recorded delivery,

and I cant obviously do that to a PO BOx.

[silverfox1961]

I would send it to Freds as they are chasing on behalf of the Leeds Losers.

 

Don't use the PO box, use this

 

Freds (AKA-losers)

 

One Apex View, Leeds, LS11 9BH

[BRIGADIER2JCS]

1 Apex View Leeds LS 11 9BH is The Lowell Group HO address.

[silverfox1961]

1 Apex View Leeds LS 11 9BH is The Lowell Group HO address.

 

You know Brig, you are quite correct.

 

Has Freds Joined with the Leeds Losers?

 

The only reason I ask is that on the Freds website, the registered addy is the same as Lowell???

[BRIGADIER2JCS]

Same group now but have their own offices still as far as I know.

[silverfox1961]

Just done a webcheck. Both Lowell and Freds have separate OFT licence numbers however, these are the named individuals for lowell:

 

Current Individuals that run the organisation:

 

Andrew Paul Bartle

Colin George Storrar

Gary James Edwards

James John Cornell

Richard Llewellyn Davies

Sara Louise De Tute

and for Freds

 

Current Individuals that run the organisation:

 

Andrew Paul Bartle

Colin George Storrar Director

Gary James Edwards Director

James John Cornell

Richard Llewellyn Davies Director

Sara Louise De Tute

 

 

Notice the similarity?

[BRIGADIER2JCS]

Amalgamation/takeover took place earlier this March/May.

de Tute is the one to complain to (Director of Legal & Compliance for the Lowell Group).

[oleg]

All Fredrickson letterhead now shows registered office same as Lowell in Leeds. Since several months ago.

[englishminx]

I thought I had replied but it isn't showing.

 

I wrote to Freds on Thursday 24th Oct by RD,

I received one call the day after, and since then have had no calls and no letters

(I was receiving 2-3 calls per day on mobile and home phone, and at least 2 letters a week).

 

If they don't respond what do I do next?

 

As there time frame is almost up.

 

Thank you

[dx100uk]

if they fail the 12+2 working days dead line

 

send the failure to comply letter and stop any payments

if you are being fleeced by anyone.

 

dx

[englishminx]

Hi

I plan on sending the failed to provide letter today or tomorrow,

 

I have taken the letter from the library and adapted it.

 

Could I ask would it be beneficial in ensuring i include anything saying that the letters / phone calls ceased following their receipt of my request,

and shoudl these recommence it will be the harassment blah blah.

 

Also the wording in the library letter,

kind of implies i admit i owe the debt,

by saying cannot provide the CCA I signed,

would i be able to say,

provide a signed CCA because I dont believe it exists?

Thanks

[silverfox1961]

Hi

I wouldn't give them any information that they don't need. You know you didn't sign an agreement, they don't.

 

I think the only thing to say is that until a valid agreement is supplied, no further correspondence will be entered into. In the library is a telephone harassment letter. I wouldn't send it yet unless they have been bombarding you by phone.

[dx100uk]

you dont 'have' to send the failure to comply letter.

 

its perfectly obv to any creditor they have failed the cca requrst.

 

the letter does not ack the debt.

 

dx

[englishminx]

Dear all

 

 

Thank you all for your advice and help, which I followed,

 

Lowells never came back to my request for the CCA,

and I never had any further phone calls or correspondence from them.

 

I have now moved into my temporary address and we are about to reapply for a mortgage,

I have obtained my latest credit report and I am worried when I apply

because of an error on my credit report, and I am not sure what to do.

 

I have both historical info showing for Lloyds TSB with an account start date of 18/6/2004

and default date of 23/12/2008 for the amount of £2,768.

Although this shows satisfied 31/7/2008,

 

I also have Lowells showing an account with them with the same start date,

but the default date is 29/12/2008,

and the balance showing as £2,768.

(there is nothing showing on the LLowels entry this is the TSB account)

 

2 issues I have is both show different default dates,

and it now looks like I have 2 defaults on my credit report.

 

Although they will both disappear at the end of this year,

I need to apply for the mortgage now,

 

how do I get this corrected on my file,

who do I have to take the issue up with?

 

PS I know having even the 1 default will be an issue,

but we don't need to borrow that much and I don't want the mortgage in partners name,

as I wont be able to go on the house deeds because of it.

Edited February 6, 2014 by englishminx
clarifying nothing identifies them as same default

[dx100uk]

the Lloyds entry should not be showing at all - they have sold the debt.

 

and the defaulted date lowells have entered MUST match the org OC's entry

 

as for getting rid of it.

 

did you get all the statements?

 

if you can prove the defaulted balance was made of penalty charges then you might stand a chance.

 

dx

[BRIGADIER2JCS]

dx 100 is right the two entries running side a problem although if the dates are the same it will not matter.

 

 

The satisfied date will be the date the account was sold by the OC and has no impact

You can request LTSB to remove their entry as the Lowell on succeeds it, so write to the data controller of LLoyds.

 

 

6 days is of no consequence really.

 

 

The default will have an impact with some lenders that zero tolerance to defaults however old some may ignore it.

 

 

The more likely problems with a mortgage app are what is remaining on CRA files after the default goes there will need to be an absolute minimum of 3 years very possibly more of good ++ credit management and residential status.