LOWELL Financial and HFC Bank (no knowledge of this and it's not on credit file)

[skurvy]

Hello everyone,

 

Thanks for all your help in advance!

 

To cut a long story short, my partner is already paying a debt to Bryan Carter to avoid a CCJ as we didn't receive the claim form till the very last day of judgement.

But now they're literally chasing him for two other debts (one in dispute, already submitted SARS to Lloyds) but this 'new' one that he has no knowledge of and it's not even on his credit file.

 

He contacted Lowells 2 months ago to state that he has no knowledge of the debt and they also checked his credit file while he was on the phone and the advisor confirmed that there is no record of the HFC bank debt on his file; so advised they will get a copy of the signed agreement.

 

Last month received a letter confirming that they're still awaiting a copy of the agreement and it make take a while, thanks for your patience etc.

 

 

On Friday received a letter dated 12th May 2015, stating;

 

 

"As requested, we enclose documentation from your original creditor.

 

We trust that this now answers your query and look forward to receiving your affordable repayment proposals."

 

 

However, the document they have attached is literally what looks like a photo copy of a bank statement from HSBC;

 

Confirming his address, about your credit agreement etc and about your transactions. I can attach a copy if you need?

 

 

They're literally stressing me out as clearly this does not answer ANYTHING!

 

Just wondering what my next step should be, as I'm worried they will just issue proceedings and after speaking to National debtline the advisor told me that they don't need to provide a copy of the agreement as a Judge may take favour upon a statement!? And that maybe I should consider sending them a letter called 'complaining to debt companies that you do not owe the debt"

 

So yes, any help would be massively appreciated.

 

Thanks

Edited May 28, 2015 by skurvy

[dx100uk]

Was this a CCA request you sent?

 

And what's this about a late claim form?

 

DX

[skurvy]

Lowell's stated they're getting a CCA due to the fact it's not on his credit file and confirmed this with a letter. Although maybe I'll submit an 'official CCA request' from my partner (so it's on record too).

 

And the late claim form was for a previous debt that actually was his; it was actually received on the 14th day!

 

I think I'm also going to file a report with the FCA as the letters we receive from Lowell's are always delayed! e.g. last letter was dated 12th May, but was actually only received on 22nd may!

Edited May 28, 2015 by skurvy

[Bazooka Boo]

Ruddy Lowlifes again!!

 

Send them the prove it letter first and foremost http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-**Updated-21st-April-2014**

 

STOP talking to them on the phone, unless you can record your calls?

 

Keep everything in writing, keep a diary of events, note the dates you receive their begging letters on the envelope and

keep everything they send you, including the envelopes.

 

CCA Request

 

Telephone Harassment

 

Threat of doorstep challenge

 

You can get 'proof of posting' which is free from the PO counter...

[dx100uk]

Why did you not defend that ccj

Now they. Think you are easy pickings to be further fleeced

 

When did he get judgement?

 

DX

[skurvy]

I am keeping absolutely everything...they just constantly contradict themselves though.

 

And yes they definitely think he is easy pickings now and that's the problem!

He actually didn't get a judgement against him as he agreed to pay it; so you can retract judgement for six months...unless we was to break the agreement and only then judgement would be entered against him.

 

But that one is not the issue anymore; it's this one that they're chasing him on now, which is not on his credit file and he has absolutely no knowledge of the debt!

 

So I'll send my own 'prove it' letter via the link you provided (even though this is what they were meant to be sending him a signed copy of the agreement).

 

But hey I should of knew better than to actually believe them....

 

Thanks for all your help and I'll keep you posted! As I have a feeling this is going to drag on for a while! haha

Edited May 28, 2015 by skurvy

[dx100uk]

So there is no ccj on his credit file?

 

If so send two CCA requests

 

Carter nor any dca

ARE not bailiffs

 

Sri think you been had here

 

DX

[skurvy]

No he would of got a CCJ, as it was a claim form he received. From working in insurance I know exactly what they done, as we would hold of judgement providing the debt was paid within six months...so he had to pay it to avoid the CCJ.

 

The debt was from a credit card that he ran up when he was 18, so we received the claim form on the last 14th day...he didn't want the hassle of disputing. Although are you saying they may not of had the original agreement? He took the advice from National Debt Line, again quoting the ruling of 2008.

 

But hey onto this one; I'm going to fight this one as it's literally a joke. So DX would send a CCA Request and send the prove it letter? As it's clearly not on his credit record and they sent him a 'statement' that I could of created rather than the CCA

 

Many thanks

Edited May 28, 2015 by skurvy

[dx100uk]

Urm.. If he didn't sign a consent or Tomlin

Then sorry carter has fleeced you

 

2 CCA requests

One for this debt

One for the fake ccj debt

 

When was the last payment. To HFC?

[skurvy]

Sorry,

 

I think I've slightly confused you DX.

 

This HFC debt is not on his credit file and nor does he have any recollection of it. So of course no payments have been made, as its not his debt.

 

As for the one he's paying...national debtline advised that he has to, as it was his debt and nor statute barred? So we took their advice �� Didn't really have the time or money, which could of possibly been wasted by filing a defence. And certainly can't risk him getting a CCJ, as this would result in him losing his job.

 

Would I not need to submit the prove it aswell? As I've mentioned previously, it's not his debt and the 'statement' they provided is pretty laughable!

Edited May 28, 2015 by skurvy

[dx100uk]

send a cca request for the one that you were wrongly advised not to defence.

 

 

as for this HFC debacle

if hes never paid anything in the last 6yrs

send the SB letter

or simply ignore the fleecers.

 

 

you problem is you used the phone!

never phone a fleecing DCA!

 

 

can we see the letter please

 

 

follow Upload

[skurvy]

Thanks for your advice DX :]

 

Yes I'll upload it tomorrow when I'm in work, as I don't have access to a scanner at home.

 

But the debt would be six years in August, but as the statement states 'buy now pay later for Curry's'. So it would be six years from the date causation?

 

But more to the point; it's not his debt and so far they have failed to provide the credit agreement. He's not going to pay for a debt that's not his....over my dead body! ha

 

On the plus side, I've told him not to call them anymore and from now on EVERYTHING will be in writing!

 

I will upload the statement tomorrow, blanking off the relevant details etc. Thanks

[dx100uk]

I just need to see the letter trying to fleece him on this HFC debt.

 

 

you say its not his...

what do you mean

he never took it out

or because its not on his file..its not his

or because they've no signed CCA its not his..

 

 

you are talking in vailed riddles.

 

 

still think you need to CCA the aborted CCJ

something stinks there to me.

 

 

dx

[skurvy]

Forgive me, I thought I made it clear earlier. He's never purchased ANYTHING on credit from Curry's. Hence Lowell's saying they will get a copy of the signed credit agreement.

 

So yes, I'll upload the statement tomorrow.

 

 

The previous debt that he has nearly finished paying for; was from when he was young and irresponsible and HE DID run up the debt with Halifax. So do you still think it would be worth doing a CCA request on this?

 

(Sorry DX if I sound dumb, just that I'm really not used to this)

Edited May 28, 2015 by skurvy

[Bazooka Boo]

Lowlifes phishing again, does he have a common name/surname?

 

Certainly not worth getting into letter tennis with them. It's for them to prove, not for you

to disprove.

 

They won't be able to get a copy of the CCA as it doesn't exist, can't wait to see what they magic up!

[skurvy]

He does, he has a very common English surname

 

Exactly what I thought with them having to prove the debt etc and providing a photocopied statement that anyone could of created doesn't prove a thing to me! However, National debt Helpline told me yesterday that due to a ruling in 2008, Lowell's could possibly win at court with it!?

 

And yes I think that's why Lowlife have sent a statement rather than the CCA. Just wary of the fact that they love to issue proceedings at the drop of a hat, so might be best for me to send CCA/prove it letter, so I have proof of everything I have done.

Edited May 28, 2015 by skurvy

[Bazooka Boo]

Well he's on a phishing list then, and communicating them makes them believe they have hit their target.

 

So what if they issue court papers, it costs them, and then they will look stupid when it falls flat on it's face when the judge throws it out!

 

Typical blanket bombing of all properties where the resident has the same name as their intended target.

 

Complain and complain loudly, to the FCA.

[dx100uk]

Forgive me, I thought I made it clear earlier. He's never purchased ANYTHING on credit from Curry's. Hence Lowell's saying they will get a copy of the signed credit agreement.

 

So yes, I'll upload the statement tomorrow.

 

 

The previous debt that he has nearly finished paying for; was from when he was young and irresponsible and HE DID run up the debt with Halifax. So do you still think it would be worth doing a CCA request on this?

 

(Sorry DX if I sound dumb, just that I'm really not used to this)

 

 

yes it would be nice to know the background of how he got fleeced into paying them.

 

 

I suppose they told him

it was too late to do anything?

 

 

sorry but unless he signed a tomlin or consent order

rather than just phoning up and paying

I still think he got had.

 

 

a very quick look at this site will show you very few contested Claimforms from cater

ever result in farter winning.

 

 

dx

[skurvy]

Hi DX,

 

I completely agree with you by the sounds of it...he has been 'had'. He took the advice from National debt helpline who advised him that he needs to pay it, unless he wants a CCJ. I'm quickly learning that they're absolutely useless!

 

I have attached a copy of the statement that Lowell's sent to him, apologies for the grainy copy! They sent to us a terrible grainy copy you see!

 

Well least I'm on here now and getting the relevant advice and I really do appreciate everyone's help. They rely on people like us who 'believe' we are getting the correct advice from a government department; but really are getting shafted! (excuse my language).

 

Least I'm prepared this time...I'm ready for the fight and it really is positive seeing so many people win against these bullies!

[Bazooka Boo]

Pah ha ha ha! What the hell is that!!!!

 

 

Make sure you keep a copy of that, my god, they really are desperate aren't they?

 

Well that proves diddly, they are a joke.

 

Ignore them, ignore them, and then ignore them again!

[skurvy]

Well today I have received two letters;

 

The first one dated 22 May reads;

 

We regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non-payment.

 

Failure to respond to this notice may result in further action been (their error, not mine) taken to recover the monies owed by you.

 

We urge you to call one of our advisors to prevent action being taken.

 

 

 

Then I have another letter dated; 29th May

We have not heard from you

We refer to previous correspondence. We have provided the information that you requested and asked you to contact us to discuss the account. We will work with you to agree an affordable repayment arrangement so that this matter can be resolved.

 

What happens next?

If you do not contact us within 7 days of the date of this letter to arrange repayment of your account or to discuss the matter, then your account will be passed to our collections department. Your account may, then, be assessed to decide the best course of action to recover the debt or, alternatively, one of our approved debt collection agencies will be instructed to contact you to arrange recovery of the outstanding balance.

 

 

 

I can't but feel slightly intimidated by these letters....What does this all even mean?

Edited June 3, 2015 by skurvy

[dx100uk]

Nothing

As usual just silly threat o trams

 

DX

[skurvy]

Thank you DX, you've put my mind at ease :]

 

I'll keep you updated, thank you!

[Bazooka Boo]

Nothing but computer generated threatogrammes.

 

Someone has forgot to tell the computer to stop it's deforestation!

[skurvy]

Well just to give an update;

 

he received a letter offering 30% discount last month, so he would have to pay 70%...again we ignored them

 

Then received a further letter dated 6th July stating;

'We have not received an offer of repayment from you, so we are now reviewing your account for further action'

 

Now we have received another letter yesterday called the Pre-Legal Assessment;

'We refer to our previous letters. Unfortunately we've still not agreed with you how you'll repay your debt with us and therefore it has been escalated for legal assessment.'

 

I'm now assuming this is where Bryan Carter come into the equation and they will issue proceedings, should I be looking at getting his defense sorted now?