Lowell Portfolio chasing old HFC debt - Statue Barrred?

[Wonderwall1]

Just a quick question, What if I just sent them a SB letter?

[fletch70]

BB

You know as well as I do that not being on your credit file means didly squat about SB.

 

They have not found him but they have found a previous address.

 

I think I would suggest contacting them with something like this

 

Dear Sirs,

 

Ref: XXXXXXXX

 

Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually, for the above numbered bank account with [enter bank name here].

 

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

 

You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,

(b)any conditions applicable to that rate,

©any reference rate on which that rate is based,

(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and

(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,

(b)the amount of that overdraft or excess,

©the rate of interest charged on it, and

(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

Therefore in line with the above, please could you send me what you should have been doing annually and have not been, to allow me to take whatever action I deem appropriate.

 

I trust that I have set out the position clearly and I await your response with the requested information.

 

Yours faithfully,

 

 

Sign Digitally

Head it formal complaint

[renegadeimp]

I would ignore them completely until they send something of substance. All they have sent so far is a notice of Assignment.

 

The OP states than no acknowledgement has been made in 6 years , nor payment so if they send anything to the OP, the only thing that needs to be sent back is the SB letter. Not a letter for any agreements. If its SB, lowell will say you paid a random amount in late 2007/early 2008. Then when you challenge them, theyll say its an "admin error".

[dx100uk]

if you don't know for SURE the debts are SB'd DONT send the SB letter.

that can be classed as acking the debt & resets the 6yrs SB clock.

 

as for the cra stuff.

 

its a whole lot better as BB says to get the cra file

and use your real address.

 

then check ALL your old addresses are linked.

 

if they send an SD or a claimform to your old address you've NO defence. [sent to wrong ad one]

 

even if it does wake them up to where you are

it'll take then/you a good few months to run through the CCa lark

to check the debts are properly assign

 

esp if they have been sold.

 

dx

[BRIGADIER2JCS]

The simple fact is the tracing methods used today will find on the ER or not, any account or service you use will be sharing your data.

 

As BB says use the CRAs even try Noddle from call credit which is free always.

 

This is the only way you can assess your debts.

[fletch70]

Lots of good advice there.

 

As DX says you need to be 100% sure it is SB.

I know that on my current account it was some months from me last making any payment into it before they defaulted then terminated the account

so the 6 years from last payment would not work for me, its nearer 7 years.

(We had a good 6-9 months of please clear your unauthorised OD to we are withdrawing your OD to we are closing your account please pay us.

 

I perfectly understand why you would want to hide

but it may not be the best option in the long run.

 

As you have no bank account you may have some difficulty getting your credit report as they will want to see proof of ID

[Wonderwall1]

UPDATE -

 

I wanted to get into 2014 to ensure that my debts should be SB now

( I know for a fact that I have not paid a penny to any creditor since 1/12/07),

so technically they should all be SB

( unless of course they all have CCJ's attached to them, in which case none of them are/ever will be SB).

 

Letters still flowing to my dads address from Lowells, and again I have just been marking them as return to sender/does not live here ( which is not a lie as I do not live there).

 

Getting a bit worried now though because I read all over the internet that Lowells are very fond of making you bankrupt!!!

 

I want to get my credit report, but I don't have a bank account and am petrified of putting my current address down anywhere ( not even on voters roll etc).

 

I have a funny feeling that Lowells wont just go away.

 

What should I do?

 

I want to just write to Lowells with all the great letter templates on here, but on the other hand I don't.

 

HELP!!!!

[unclebulgaria67]

If it is still with Lowells and not passed to any Solicitors,

then it appears they are not currently seeking enforcement.

 

Which begs the question, as to whether Lowells already know it is not a debt they can go to court with.

 

You could therefore wait to see whether Lowells pass the debt to anyone else,

by at least checking what they are sending you.

Steam the letters open and send them back if they are just asking for your money.

 

You could send the original creditors an SAR,

for copies of all documents including statements.

 

You could check Trustonline for any CCJ's without giving your current address away.

[Wonderwall1]

Thanks unclebulgaria.

 

I have been steaming the letters and they are just asking me to contact them,

I think one of them offering a reduction etc etc.

They all get sent back after reading.

I will look into Trustonline as would be good to know if I have any CCJs ( ref: SB ).

 

Both debts are current accounts,

how does that affect SB? / Letters I should send?

 

Thanks again

[unclebulgaria67]

Perhaps more tricky with current accounts, as you would need to know when the bank defaulted the accounts.

 

They may have kept the accounts going for a number of months, adding charges, before they eventually defaulted them.

If you wanted to make sure you could SAR the banks.

 

If Lowells thought they could take to court, they would have done so by now or have Sols threatening this.

 

In your shoes, I would just check Trustonline for now to make sure no CCJ's.

 

Perhaps at some point you will summon the courage to check your credit history and if these debts are not on there, then they are most likely to be statute barred.

[Wonderwall1]

Ahh so SB doesnt happen until 6 years after the Default Notice?

 

I just checked Trustonline - 1 CCJ for £3k in April 2008.

 

I suppose I would have to contact Northampton Court on Monday to find out the claimant?

It could be 1 of the current accounts, but just a "could".

 

Also you say Lowells would of issued SD by now,

but I have only been receiving letters from November 2013,

surely they don't issue that quick anyway do they??

 

Thanks again, a great help!

[unclebulgaria67]

The successful claimant has 6 years from the CCJ date to gain enforcement. The could go to court to ask for more time, but this is not often allowed apparently. You could enquire with Northampton Court, but not sure of the point, unless you are looking to settle. They could tell you the claimant name, which might be useful I suppose.

 

If during 2014 these debts will become statute barred or no further enforcement can be carried out, then I am not sure why you would want to making enquiries about them, unless you really wanted to deal with them.

 

Keep an eye on the post and see what is being said. If they want to enforce further, you will get something in the post, court claim or Solicitors letter saying that they will be taking court action.

[dx100uk]

no

pers i'd let them run.

 

esp as you've had discount offers

[Wonderwall1]

The successful claimant has 6 years from the CCJ date to gain enforcement. The could go to court to ask for more time, but this is not often allowed apparently. You could enquire with Northampton Court, but not sure of the point, unless you are looking to settle. They could tell you the claimant name, which might be useful I suppose. - I would like to know if the CCJ is for the debt Lowells are chasing - if it is then the 6 year SB doesn't count, I suppose they have until 04/14 ( 6 years from the CCJ ) to enforce the CCJ or after that they cant.

 

If during 2014 these debts will become statute barred or no further enforcement can be carried out, then I am not sure why you would want to making enquiries about them, unless you really wanted to deal with them. - If current accounts are SB 6 years from the DEFAULT NOTICE date, how do I find out when they were defaulted ( Credit Report ? )

 

Keep an eye on the post and see what is being said. If they want to enforce further, you will get something in the post, court claim or Solicitors letter saying that they will be taking court action.

- Wont it be too late when I get a Statutory Demand or Enforcement of CCJ letter to do the whole letter template thing ( SB / SAR etc...)?

Help very much appreciated, you don't know me from adam, but are helping, thank you.

[Wonderwall1]

no

pers i'd let them run.

 

esp as you've had discount offers

 

 

 

Sorry, when you say let them run, esp as I have had a discount offer - Do you meant you wouldn't do anything and just wait and see if the go legal?

[unclebulgaria67]

- Wont it be too late when I get a Statutory Demand or Enforcement of CCJ letter to do the whole letter template thing ( SB / SAR etc...)?

Help very much appreciated, you don't know me from adam, but are helping, thank you.

 

If you are eager to deal with these debts, then go for it. Find out who go the CCJ, get your credit report. Send off CCA's for any relevant debt ( not the CCJ one) and SAR's.

 

At the moment they don't know where you are living and Lowells are offering you discounts.

 

The choice is yours. Cannot make it for you.

Edited December 9, 2016 by honeybee13
Name change

[Wonderwall1]

If you are eager to deal with these debts, then go for it. Find out who go the CCJ, get your credit report. Send off CCA's for any relevant debt ( not the CCJ one) and SAR's. - I don't want to deal with them , I just don't want to find out they made me bankrupt when there MIGHT of been something I could of done to prevent it.

 

At the moment they don't know where you are living and Lowells are offering you discounts. - I thought they could make me bankrupt irrespective of knowing my current address or not? - Them offering discounts - I assume you mean that with them offering discounts they think that its unlikely to go for a BO?

 

The choice is yours. Cannot make it for you.- Appreciate that, just worried.

 

 

Thanks again.

[unclebulgaria67]

Find out the claimant for the CCJ first and post back when you find out.

 

Do you actually know what debts you have and roughly when any defaults might have been added ? If so, can you provide a rough list of what they are ? Type of debt, roughly when you took the account out and roughly when you defaulted.

 

DCA's generally offer discounts, because the type of debt might indicate loads of charges, the CCA might not be available enforceable or it could be statute barred.

[Wonderwall1]

Find out the claimant for the CCJ first and post back when you find out.

 

Do you actually know what debts you have and roughly when any defaults might have been added ? If so, can you provide a rough list of what they are ? Type of debt, roughly when you took the account out and roughly when you defaulted.

 

DCA's generally offer discounts, because the type of debt might indicate loads of charges, the CCA might not be available enforceable or it could be statute barred.

 

 

Ok will post back when I get the info - Many thanks.

[Wonderwall1]

Find out the claimant for the CCJ first and post back when you find out.

 

Do you actually know what debts you have and roughly when any defaults might have been added ? If so, can you provide a rough list of what they are ? Type of debt, roughly when you took the account out and roughly when you defaulted.

 

DCA's generally offer discounts, because the type of debt might indicate loads of charges, the CCA might not be available enforceable or it could be statute barred.

 

 

Okay,

 

spoke to the court today and

 

the CCJ IS the same debt Lowell are chasing.

 

After phoning Northampton Court, they told me it was transferred to my local county court.

I panicked over this as though that it had only recently been transferred,

but after speaking with Northampton a 2nd time they said it was transferred as soon as the judgement was granted.

 

So Lowells have a CCJ for the debt they are chasing,

and the 6 years to enforce it runs out in 70 days.

 

I am still trying to work out a way to get a credit report without revealing my current address

( only been here 2 years and not on voters, no credit here under my name ),

 

I have tried to use my wifes card to credit check my previous ( where all credit is registered ),

but it wont let me use her card,

and I cant do it by post as obviously it will be sent to the previous address!.

 

Shall I wait and see if Lowells try to enforce the CCJ through the County Court?

 

Thanks

[unclebulgaria67]

Who actually got the CCJ ? You only mention it is the same debt.

 

It is quite often the case that creditors will sell on debts even if they have CCJ's.

 

I am a bit suspicious that Lowells were not the ones who obtained the CCJ,

 

as I don't think back in 2008 Lowells did this a lot.

 

Plus surely wouldn't they mention the CCJ in their letters?

 

Post back to confirm whether it was Lowells who were the claimant for the CCJ.

[Wonderwall1]

The claimant is the original creditor, not Lowells.

[Wonderwall1]

Who actually got the CCJ ? You only mention it is the same debt.

 

It is quite often the case that creditors will sell on debts even if they have CCJ's. I am a bit suspicious that Lowells were not the ones who obtained the CCJ, as I don't think back in 2008 Lowells did this a lot. Plus surely wouldn't they mention the CCJ in their letters?

 

Post back to confirm whether it was Lowells who were the claimant for the CCJ.

 

 

The 1st letter I have had from Lowells (ever) was November 2013 at my fathers home.

 

Unless of course they were sending letters to my previous address ( left there April 2008 ) for the last 6 years which I doubt.

[unclebulgaria67]

The claimant is the original creditor - HFC BANK PLC

 

So Lowells have no rights of enforcement under the CCJ and would have to apply to a court to be substituted.

This is not an easy process and therefore they don't really have much chance to do this before the 6 years runs out.

( At the moment HFC have the enforcement rights per the court, but they won't obviously because they have sold the debt on)

 

So panic is therefore over, you don't have to worry about this.

 

I would wait until February has gone by to check your credit records,

just in case Lowells are alerted and make an urgent application to be substituted.

 

I presume that there is a court process,

 

where they could make an urgent application for it to be considered,

 

hence waiting until you know the 6 years has gone by.

Edited December 9, 2016 by honeybee13
Name change

[Wonderwall1]

So Lowells have no rights of enforcement under the CCJ and would have to apply to a court to be substituted. This is not an easy process and therefore they don't really have much chance to do this before the 6 years runs out. ( At the moment HFC have the enforcement rights per the court, but they won't obviously because they have sold the debt on)

 

So panic is therefore over, you don't have to worry about this. I would wait until February has gone by to check your credit records, just in case Lowells are alerted and make an urgent application to be substituted. I presume that there is a court process, where they could make an urgent application for it to be considered, hence waiting until you know the 6 years has gone by.

 

 

Ah I see, I thought Lowells could apply to enforce it. The CCJ was granted Mid-April 2008, so you think 3 months isn't enough time for them to substitute?

 

 

Bet they send me a bloody SD instead!!!!