lowell chasing old HBOS Loan/preference Account 'debt' 10yrs old

[dizzee03]

Hi,

 

im new to all of this and apoligise if im in the wrong place!

 

i would really appreciate some help and advice,

 

i have a few debts, none of which are sb,

 

i was paying a small monthly token payment, to cut it short

the debts have been passed around and around,

 

i have cca most of them,

ive had a few reply's saying the usual from the dca that they are trying to get ccas from oc,

 

the one im having a problem with is lowells,

 

i cca them,

no cca supplied

 

then a letter stating account closed unless cca turns up!!

 

a week later a copy of my original credit agreement turns up!!

 

the debt is with bank of scotland for a loan of 2500 the loan was taken out in 2004

 

i defaulted on it but made small token payments,

 

they have sent me a list of all my payments but they are chasing me for 3800!! so a lot of interest added,

 

it does look like the agreement i signed so some how they still had it 10 yrs later!

 

whats my next step?

 

is this debt enforceable or not as its pre 2007?

 

ive been stressing myself out with what to do next.

thank you in advance for any help and advice anyone can offer.

 

Forgot to say lowells are stating they own the debt,

last i heard it was with blair,oliver,scott

[dx100uk]

is this on your credit file?

 

 

when was your last payment made

 

 

dx

[dizzee03]

hi, its not on my credit file and the last payment was made 2 or 3 years ago for £1, thank you for your reply.

[AndyOrch]

" a week later a copy of my original credit agreement turns up!! "

 

" is this debt enforceable or not as its pre 2007? "

 

Without sight how would we know ? Why would it not be enforceable because its pre 2007?

 

Andy

[dizzee03]

its just something i saw on the internet about pre 2007 ccas being unenforceable,

 

 

also that's why i stated in my first post that it does look like my signature and credit agreement,

 

 

why would it be relevant if it was on my credit file or not?

[AndyOrch]

Pre 2007 agreements require the original agreement to be produced for enforcement purposes...so section 127 of the CCA1974 applies...post 2007 a court will accept a reconstituted version if its correct in data.

 

The only relevance with regards to checking your credit file is to see if its statute barred or been assigned...has no bearing on whether they will litigate or not.

 

Andy

[dizzee03]

Ok thank you,

 

 

they have sent me a copy of the original agreement,

 

 

what would be the best thing for me to do next?

 

 

how do i go about things with lowell?,

 

In one of the letters they sent me they were asking me to settle at a reduced price,

 

 

another letter stated they would accept any monthly payment i offered!,

 

 

all these letters were pre cca being found.

 

 

I know nothing about this company or the best way forward.

[AndyOrch]

You now need to research if it enforceable...does it have all the prescribed terms...is it legible?

 

The choice of what to do about lowells will be easier once you have researched the above and your findings imply that they will struggle to enforce.......whether you continue to pay them is a choice only you can make.

[dizzee03]

Ive looked at the agreement and tried to research as much as i can,

 

 

the only thing i think that may be missing is the date of the month that the payments are due,

but it does specify how much the payments are for

 

 

how much the loan was for,

interest and apr etc,

 

 

but to be honest im not really sure what im looking for!

 

 

im just going by what ive read on line,

 

 

there was a fee for getting the loan, thats on there but not in the total,

also its signed by myself and whoever gave me the loan,

 

 

one last question is hspf the same as hbos?

on the paper work from lowell its got hspf??

 

 

also if lowell have bought this debt

 

 

does that mean thet hbos wont have any rights over this debt any more?

 

 

or any thing to do with it?

[AndyOrch]

If the agreement has been assigned and you have had notification from either the original creditor or Lowells by way of a Notice of Assignemnt ...then its legally Lowells now.

 

With regards to hspf...there was a connection with HBOS......I think its Home Shopping Personal Finance...take a look at post #4 in the following thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421783-CCA-from-lowell-re-2007-HBOS-Loanyou-please-check-if-EF-!

[AndyOrch]

And here....

 

http://ww35.hspf.co.uk/

[dizzee03]

Thank you four your help I will have a look at them, I don't think I've had a notice of assignment does

it matter though,?

[dx100uk]

have you moved since taking the card?

 

if so until you told the OC

then you'd not have gotten the NOA.

 

 

dx

[dizzee03]

hi, i havent moved,

 

 

i just dont remember getting anything about lowell taking over this debt,

 

 

if this cca is the real one

which it does look like it is

whats the best way for me to handle this with lowell?

[dx100uk]

why not scan the CCA return up?

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

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[dizzee03]

wow that looks really complicated to do but i will try, thank you

[dx100uk]

thread tidied

ok next

go get an sar off to HBOS

 

cant believe a £2500 loan from 2004 is still being paid until recent.

 

bet there's heeps of charges

 

no sign of PPI that's strange.

 

have you the FULL payment history?

 

dx

[dizzee03]

they sent my payment history with the cca

 

 

i defaulted on it 4 or 5 months after getting the loan due to a change in circumstances,

then i payed £1 a month up untill 2012,

then it changed dca

 

 

i wrote to them and they never replied so no more payments made,

 

 

the loan was 2500 and theyve just added all the interest on £1455,

now they want £3788 in total,

 

 

obviously this is minus the payments ive made for years.

 

 

then i got the letters from lowell, i didnt even know it was with lowell.

 

Does the cca and t&cs look correct to you?

 

 

what should be my next step?

 

 

i didnt take out any ppi (i dont think i did anyway) it was just such a long time ago.

 

thanks for your help and happy christmas to you all.

[dx100uk]

sar to HBOS

 

something is not right here.

 

the back charging of dodgy interest by the DCA doesn't ring correct either

 

they are trying to fleece you.

 

that CCA request return

 

on the right pref account

is anything filled for the second col at all for the pref account?

 

on the left col [loan]

 

the part 2 credit ins is blank too?

 

its prob un-en anyway

 

as theres no right to cancel box either.

[dizzee03]

Hi thank you for your reply,

 

im not sure i understand everything you said tho,

 

hbos dont own it any more so would i still sar them?,

 

the interest was added on by the oc when i defaulted i dont think it was added on by the dca

 

on the side of the preference account my name and address is filled in on the bit that says the schedule,

 

there is nothing else filled out at all,

 

i havent signed anything on that side,

 

also i dont even know what a preference account is!

 

sorry to be so daft.

 

also you said about there is no right to cancel box either?

 

is there supposed to be one?

 

so do you think this agreement is un-en?

 

if so what letter do i send to the dca?

 

i dont want it to escalate to court?

 

ive heard lowells are quite happy to take people to court for a few hundred quid and this is a lot of money?

[dizzee03]

Do you want me to scan up the payment schedule? also the t&cs they sent arnt really readable?

[dx100uk]

sar the OC. matter snot who owns the debt now

it def toxic.

 

the pref account was what we call a revolving bank account that had a credit limit

[prob the balance of the loan being paid into it]

 

then you paid off a set amount each month.

 

rather like a credit card.

 

there being no right to cancel box

you not signing for the pref account

and prob several other errors

makes that CCa pants

 

that's why HBOS sold it on.

 

don't worry about lowlife

 

they are easily defeated

and in this case

 

I suspect they'll never go near a court with that paperwork

 

yes please

scan up anything else you have

 

put it ALL in a word doc first

then PDF that

 

dx

[dizzee03]

ok here are the payment schedules they sent me,

[dizzee03]

I think they have come through ok first time!

[dizzee03]

hi,

 

im going to get the sar of to the oc on monday,

 

do i pay £10 by a postal order to the oc and

also do i send a account in dispute letter to the dca?

 

this is a bit confusing as the dca own the debt?

 

also as only half of the cca is signed by me and that side u said about isnt signed

does that make that cca not valid as they do have my signature on one side?

 

now you have the payment schedule from me

 

am i sending the sar for the amount of interest added?

 

as i dont know what the charges are?

 

sorry so many questions,

 

i just dont want to get it wrong,

 

thank you