1... Lowells and BW legal again - plus 2... Opus card/Nolans

[StressBall]

I've been reading with great interest all morning,

having had my first call from Cabot today -

I missed it, but would have ignored it anyway.

 

Just in the past week or so I received a letter from them re:

a CITI card debt, which claimed that I had been informed previously of a transfer of the CITI card to someone else

(cannot remember who - don't have the details to hand)...

 

been reading all the info on the ongoing stuff with Cabot here,

and I've been in similar positions with various other cards -

I ran up massive debts on cards when some customers of mine went out of business leaving me to carry the can.

 

I initially looked to a company called Credit Issues (anyone have dealings with them?) Who informed me that my cards were all unenforceable.

 

As such, I eventually stopped paying them around Set/Oct 2009.

I then entered into a DMP sometime in 2010 and started making payments to this,

and the calls died down, but that company went out of business and hadn't allocated any full payments to any creditors,

only an initial token payment, so the phone calls all started again.

 

I have simply ignored phone calls and letters and nothing has come of any of them, to date.

 

 

As my credit file will be trashed, I guess I was hoping to ride it out until the debts became statute barred,

but I am a bit concerned about this Cabot mob

- they do seem to really want to go the distance.

 

 

I was paying £x a month to Capquest,

but have decided to let that slip now too.

They've written to me and threatened doorstep recovery and all sorts, which I ignored,

and now they've written saying they will now accept £x-10 (£10 less than I was paying)

- dunno whether to accept this or not, or just ignore it again.

 

 

My feeling - and I could be wrong - is that they know they have no way of enforcing the debt,

so if they can get anything from me it is a bonus...?

 

 

Is that a correct assumption?

 

 

Obviously, by making a payment, one is acknowledging the debt,

so becoming statute barred becomes further away each time.

 

My brief questions to 'the_shadow' is how can one know if an agreement is 'true copy' or not

- I'm aware of the Wacksman ruling etc...

about reconstituted agreements and so on, but without having the original stuff in our own possession,

how can we be sure what the DCA's send us is a true representation of the original or not.

 

 

..? And, also, is it right to assume that DCAs, having sent me all the nasty letters,

which have gone ignored, are happy to accept something now,

in the knowledge that something is better than nothing?

 

Good luck to everyone on here...

[the_shadow]

Post moved to its own thread

[the_shadow]

To ensure its a true copy you need to check the specific details against any source you have, if you dont have the original then you need to compare with how the account has been managed... i.e. what are they saying was the initial credit limit/apr and what was shown on the first set of statements etc etc etc.

 

S.

[StressBall]

hmmm... hindsight is a wonderful thing - how I WISH I had kept all original documents and stuff from all those years ago! I've nothing to compare stuff to at all, I don't think...

 

If it comes to it, can I post scans up here and get people's input etc...? How can I be sure their input is genuine? I've been warned about touts etc...?

[ims21]

Hi stressball

 

Just noticed your thread...interesting.

 

When posting scans (PDF Format please so they can be read) make sure you REMOVE ALL PERSONAL INFO AND BARCODES so that you cannot be identified.

 

Don't worry about touts and genuine people trying to help...you'll be able to spot them. Site team and others also notice them. I can assure you that you will get genuine help here and as you start to recognise names you'll know who is who.

 

Post your stuff up and lets get it checked.

 

Regards

 

ims

[ims21]

Hi again stressball

 

You mention that you'd maxed out cards and had bad payment history on them. That will almost certainly mean that you have a load of charges such as late fees, overlimit fees which you can claim back with interest.

 

Also if you had any ppi on these cards, there is an opportunity to get that back as well with interest.

 

ims

[the_shadow]

hmmm... hindsight is a wonderful thing - how I WISH I had kept all original documents and stuff from all those years ago! I've nothing to compare stuff to at all, I don't think...

 

If it comes to it, can I post scans up here and get people's input etc...? How can I be sure their input is genuine? I've been warned about touts etc...?

 

If you do a sar to the original lender you should get the last 6 years worth of statements and all other info they hold on you.

 

S.

[ims21]

If you do a sar to the original lender you should get the last 6 years worth of statements and all other info they hold on you.

 

S.

 

Including a full transaction history

 

ims

[StressBall]

I've received a letter from WalkerLove this morning,

stating that they wish to serve me with a statutory demand,

stating when they will return to do so.

 

There is NO information that tells me what this relates to on their 'appointment letter for statutory demand'.

 

I've read some other threads on WalkerLove and statutory demands,

but I really need some help with this directly please!

 

Little bit of background on my situation.

 

I'm self employed,

business is OK, but is operating with an RBS 25K overdraft and this will, generally, be sitting at around £15-20K overdrawn most of the time.

 

I also have 3 x different RBS credit cards, totalling around £15K, which I pay faithfully to every month.

 

I am married, with kids, and have a mortgage in my name only, which is probably for the amount the house is worth - so no equity (or even slightly negative).

 

I was shafted terribly some months ago for a massive amount and ended up using numerous credit cards to get by

- running up massive debts, including a sizeable personal loan to consolidate 2 cards,

which had mis-sold PPI, worth approx 7K (never claimed - will explain later).

 

I was introduced to Credit Issues 3-4 years ago

- a company promising to write off all your credit cards due to missing signed agreements, or flaws in their wording etc.

And, as a result, I ended up stopping payment to all cards/loans, apart from the RBS ones,

as this would have affected the running of my business.

 

For around 3 years, I've not acknowledged any of the debts

- never having answered the phone,

or replied to the numerous letters.

 

And the debts have been passed round and round between all the usual DCA culprits,

and many have now been reassigned/bought.

 

I've learned to ignore some of the very threatening language in some of these letters,

but this appointment to serve a statutory demand is the first of its kind, and very serious.

 

I've a couple of questions here on how to deal with this statutory demand and also my situation in general.

PLEASE HELP!

 

1... should I call the Sheriff Officers and arrange to collect the papers from them?

Is this, in any way, 'acknowledging the debt', if I've no idea who this refers to until I actually receive the papers?

 

2... once received, what is my next step?

Seek to have the Demand set aside?

or CCA the creditor?

 

Isn't it the case that nothing can be enforced whilst in dispute?

And, if not a reassigned debt,

should this be with the DCA or original creditor?

 

If they cannot provide a satisfactory copy of the original agreement, in the time provided (14 days??)

what is the situation/outcome?

 

3... should this go to court, and I can prove income and expenses, and show all other debts etc... I think whoever the creditor is (I'm guessing Lowell) would be stupid to force sequestration - but who makes this decision? the Sheriff? And will he only make decisions based on this case, or will he want to know about all the other debts - presumably, he cannot make a judgement on these???

 

4... I was hoping to just ride out the storm until 5 years had passed so all these debts became statue barred.

I know that seems a bit dishonest and not meeting my responsibilities, blah, blah,

but I was hugely shafted in business and ripped off by credit card companies

who kept increasing interest rates (some to as high as 40%)

and at a time when I NEVER missed a single payment,

and with EGG who added PPI to a consolidation loan,

telling me I had to accept it - deemed to be worth around £7K.

 

Question here is, should I make a claim for the £7k PPI?

The debt has been sold to someone else now

- I think twice.

By claiming for the PPI,

is this acknowledging the debt??

 

I'm sorry for this demanding list of questions, but I'm shaking with fear over what's going to happen,

and really want to be as well informed as possible, and you guys rock when it comes to advice.

 

I hope to hear from some of you really soon...

[dx100uk]

have ACTUALLY got it yet the SD?

 

you say its a appointment letter.

 

bit of info here for you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?365170-New-Forest-Finance-Statutory-Demand-SCOTLAND&highlight=walker+love

[StressBall]

not received yet - was an 'appointment' letter stating when they will deliver the SD.

 

I'm sure it was from lowells. I'll need to accept the demand to find out. If so, it's for an HBOS debt of about £12K (been around 3-4 DCAs) - problem is, lowells are chasing another 2 coop debts (1 loan, 1 card - both been around the block too) - so not sure how this is going to play out with these.

 

Any advice? ANYBODY??

[dx100uk]

what do you mean you are sure its from lowells

if you mean the SD then odds on

they issue them like confetti!

 

and they lose them regularly or backdown due to various reasons too.

 

dx

 

 

dx

[StressBall]

yes - so I believe... gut feeling telling me to ignore it - but a lot at stake if they follow it up...

 

best to accept the SD then CCA letter? and move to set aside??

[dx100uk]

lets see what develops

 

theres no harm in sending a CCA request now

and an sar to the OC mind.

 

dx

[StressBall]

lets see what develops

 

theres no harm in sending a CCA request now

and an sar to the OC mind.

 

dx

 

 

OK, to be clear -

 

1... accept the Statutory Demand

 

2... Send a CCA

I had planned to do this, was done 3-4 years ago via a company called Credit Issues - I don't have any paperwork, as such, but they said the account was unenforceable

 

3... Send a SAR

Didn't think to do this, but here's my problem - I've NOT acknowledged this debt for 3-4 years. By sending off either of these documents, to my mind, it acknowledges the debt - isn't that the case?

 

And, you say to send to the OC (Original Creditor?) - Wouldn't it be more likely that they will fail to comply if I send this to Lowells?

 

What do I then do about setting aside the SA? There's an 18 day window of opportunity for this - do I wait the 12 working days for the CCA to show, then lodge the papers for the setting aside?

 

I'm afraid I need a wee bit of hand-holding to get thru this!

[dx100uk]

1 yes ofcourse , you objectively cant refuse it.

2. yes send it

3. CCA/Sar does not ack a debt

 

lowells will do yes.

 

sar must goto the OC HBOS? is it

 

asfor the rest

 

take a gander at the financial legal issue forum fron the main forum tab up top

 

LOTS of SD threads there

 

if you do get your

 

we'll move you there

 

dx

[StressBall]

cheers!

 

sorry for being pedantic, but CCA can go to DCA (Lowells)? But a SAR to OC...?

 

I've since found out that, since I am based in Scotland, this Statutory Demand nonsense, is a lot easier to deal with.

One simply ticks a box on the demand saying 'deny' and returns the form. That is it!

It was confirmed by a Scottish solicitor - just seems too easy!

 

next step for Lowells would then be to pursue this thru the courts

- I'll do nothing other than return the deny form and wait to hear from them.

Then I will send CCA and SAR, if needs be.

 

I will let you guys know, in due course, what happens.

 

Many thanks for the advice thus far!

[dx100uk]

CCA goes to whoever is the 'claimant' on the SD [iF you DO get one]

 

SAR always goes to whomever 'gave' you the credit in the first place

 

the OC, are most likely to have all the statements/documents.

 

typically when these debts are sold on

they become nothing more than I line in a spreadsheet with very basic details.

 

Debt buyers then automatically issue a series of threat-o-grams

to frighten the debtor

or 'randomly?' pick certain debts to issue

claimforms and SD's against.

 

hoping the debtor doesn't see them or contest

and they get judgements by default.

 

easy money!!

 

dx

[StressBall]

Cheers DX

 

Another question for you, or anyone who wants to give their tuppence worth...

 

I have a debt for a loan - originally with Egg - taken out to consolidate 2 cards.

They downright said I HAD to take the PPI or I wouldn't get the loan.

I am also self employed, and the PPI doesn't cover that.

So it's dodgy - and added well over £100 a month to the monthly payment.

 

debt was sold to Experto Credite,

having done the rounds of a couple of DCAs for a while.

 

Since been sold to someone else - damned if I can remember who

- at work and don't have stuff to hand.

 

Question is this

- should I claim the PPI back?

it's more than 6 years since loan started, I think

- probably would have ended last year or 2 if still active.

Debt no acknowledged for some 3 years plus.

 

Would claiming the PPI be acknowledging the debt?

Is this getting into dodgy ground?

 

I just thought that I cold set the money aside for emergencies

should any other defaults I have decide to go the court route etc...

 

Thoughts anybody?

And would be helpful to know if anyone been in similar situation?

 

(sorry, maybe not the right place to ask this question, but I was on a roll!)

[dx100uk]

p'haps better to start a new thread

 

in the EGG forum.

 

reclaiming PPI does not generally ack the debt.

 

however i'm more concerned that the debts

this loan consol'd

also had PPI?

 

so you've PPI rolled into PPI rolled into even more interest?

 

could be a very large reclaim here

 

and could wipe the debt out?

 

you'll need to SAR them

 

use the Canadian square address.

 

dx

[StressBall]

Hi, I live In Scotland, and was served a stat demand from BW Legal, on behalf of lowell in February.

 

 

I chose to set this aside, and did so in the timescale.

I had proof of delivery to both BW and lowells to prove it.

 

However, they wrote to me with a 'without prejudice' letter after a few weeks saying I'd failed to comply

and they were now taking the matter forward,

but would give me a discount and settlement plan

(which, seriously, nobody could afford) if I contacted them ASAP.

 

I wrote to them again and provided the proof of delivery for the stat demand, and then heard nothing. Until NOW...

 

They've written the same 'without prejudice' letter AGAIN.

 

My question is,

should I ignore this, or should I now send them the proof of delivery of the stat demand

AND the proof of delivery proving the proof of delivery of the stat demand again!!??

 

ALSO: had a card with citicard some years ago.

 

 

They didn't respond to a CCA section 78 request, on my behalf,

by a company at the time called credit issues,

so I stopped paying - as they'd hiked the interest rate up to over 37%

DESPITE ME NEVER HAVING MISSED A PAYMENT.

 

Haven't heard anything from them for years, until now.

 

 

I've had a couple of letters from MARLIN dealing for an OPUS card.

 

 

Never had a letter of assignment from Citi, and had to google OPUS to tie the two together.

 

 

They actually wrote 2 letters, few days apart -

in one they were telling me it was SHOOSMITHS who will be contacting me to collect payment,

 

 

then in a second, identical, letter they said it would be NOLANS

- who are a Scottish solicitor.

 

 

Must admit to being a little bit twitchy about this one.

 

 

Probably about one to one and a half years away from these being statute barred,

so want to make sure I do everything to ensure I'm not admitting any liability etc here.

 

ANY ADVICE, ON BOTH COUNTS, MOST WELCOME PLEASE!!!

[dx100uk]

so the SD was nowt to do with your citi card debt

what was the SD for please?

 

 

so I can assign the posts to the right thread

 

 

dx

[StressBall]

so the SD was nowt to do with your citi card debt

what was the SD for please?

 

 

so I can assign the posts to the right thread

 

 

dx

 

 

Yeah, sorry for mixing in 2 different topics.

 

 

The Stat demand was for Lowells, BW Legal.

I chose to ignore it.

I have proof of delivery and proof of delivery of the proof of delivery!

So they are just chancing their arm.

 

 

Again. And again.

 

The Citi card is a different thing.

 

 

Now been written to 2-3 times by Nolans.

I'll be ignoring this too...

There was defo no notice of change of assignment of the debt

and I believe they aren't going to take this further -

just threaten, and transfer it from one DC to another.

 

 

But, very much open to some input from anyone who has had any dealings with Nolans...?

[dx100uk]

in one now

 

 

just ignore them

 

 

they rarely go anywhere near a court

 

 

with was the debt with the SD so I can moved those posts out of this thread please

[StressBall]

DX,

 

the stat demand was from Lowells, BW Legal.

 

 

In Feb they sent the SD,

 

 

I replied in time,

using special delivery post and had it set aside.

 

 

They wrote back saying I'd failed to comply within deadline, so were demanding full payment.

 

 

It was a 'without prejudice' letter that I know was a lot of baloney,

so I replied giving them signatures and times of when the original stuff was returned.

 

 

They've since written, a few weeks ago, with the same 'without prejudice' guff, so this time I've just ignored it -

they are just chancing their arm AGAIN.

 

 

Unless something different happens with this,

I think this line of attack by them is dead in the water.

And we are about 1 - 1.5 years away from statute barred

- so it's just a waiting game!

 

Cheers for all your help so far.