Lowell,and 6 yrs Debt, Credit Files etc HBOS

[May Fly]

Hi everyone, long time since I posted, have been keeping my head down after finding a strategy for my debts and uncooperative/unreasonable/deceitful 'creditors'.

 

my strategy, devised at a time of severe ill health was to work out who didn't have valid agreements and claims and to tell them the facts and to sod off, and those who did have a rightful claim were offered a token sum as F&F.

 

 

The first group claimed I was wrong, or simply ignored me, and the latter either demanded full settlement or ignored me.

 

 

Either way, anything arriving after their response to my statement of facts was ignored - my position was clear and I wasn't going to waste time arguing.

 

 

If they were convinced of their position, they could take legal action. The strategy worked because they lost interest in me.

 

Now, 6 years later, an ugly vision has reappeared, but it pre-empts my intention to ask for help in making sure everything truly has gone away.

 

This problem concerns HBOS who were awful to deal with.

Getting simple responses from them was impossible, and at one point I was forwarding their responses to my complaints to their Secretary asking him to clarify the rubbish that was supposed to be answers to my complaints.

 

In 2009 I started investigating the status of the account, and following the collective wisdom of this site, my CCA was a recon, and the DSAR resulted in a 2 page document. One page for my address etc (pre-filled when sent to me), the 2nd page was clauses/conditions.

 

The last clause was 1.8 and it referred to another clause, 8.2 which gave them the right to vary the conditions. I

 

 

considered the agreement incomplete (where were clauses 1.9 - 8 and maybe more?) and wrote advising them. I received more info, and again wrote that I still didn't have what I considered a complete agreement, and there were other things missing from the DSAR - fees paid, manual interventions etc.

 

 

In short, I never received any more of the agreement.

 

In early Aug 2010, I wrote to the Secretary (3rd letter) saying they didn't have an agreement, and so could not recover anything, quoting WILSON and THE FIRST COUNTY TRUST LIMITED in the High Court, [2001] EWCA Civ 633.

 

 

The Judges commented :

 

 

"In effect, the creditor – by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms – must …….be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid."

 

I considered HBOS fell in this category.

HBOS had also issued a dodgy default notice (this was at the time of the 'unlawfully repudiated' defence).

 

 

Whilst stating several times that I did not consider any debt existed, and that no agreement existed, I complained that they were processing my data and passing it to debt collectors, in breach of the Data Protection Act.

 

 

I asked them to stop processing the data, prevent others from doing so, remove the default on my Credit file etc. They never replied.

Things went quiet.

 

 

In June 2014 I got a letter from Lowell saying I had been advised by another Lowell company that they had bought the debt.

 

 

I hadn't had any such notice (no surprise) and as I didn't consider any debt/agreement existed, and as I had not received any evidence that Lowell had any contract with me, I ignored it.

 

Things went quiet again.

 

I have just received another letter from Lowell - an "Annual Statement" "for information only as required by the Consumer Credit Act 1974" covering the period June 2014 to June 2016.

(Obviously Lowell have a problem with understanding what 'annual' means lol).

 

 

The balance quoted is the balance quoted by HBOS so there hasn't been anything added/deducted to the balance.

 

Now, in my own mind, they don't have an agreement.

The account was opened in 2005, HBOS couldn't supply the agreement in 2010, and there is even less chance of it being produced now. There is no way I am paying anything to this account.

 

My quandary is that I am concerned about how much info is still out there concerning my accounts.

 

 

Lowell are obviously still holding my data even though it was just over 6 years ago that I stated firmly that as no agreement existed, no debt existed either (using words from the High Court judge - the money had been gifted to me).

 

 

I think they are in breach of the DPA by holding my data without my agreement, and as the account was closed in Aug 2009 it is past the 6 years rule anyway.

 

The statement says it is for information only - is that usual or an admission that the debt is unenforceable?

 

I wrote to all creditors in July/Aug 2010 either telling them the debt was unenforceable or offering a one-off F&F.

 

 

As a result, all my debts are at least 6 years old since last being acknowledged, and my concern is that the cycle of demands will start again as the dregs of debt collection start a last gasp effort to recover something.

 

I am concerned about using Noddle or Clearscore because I am not on the electoral register and am worried that updating my credit file will simply start the cycle of demands again. I have been waiting until I am positive more than 6 years has elapsed so that everything is statute barred and I guess that time is now.

 

Hopefully everything will have gone from my file but what do I do if it hasn't? and what do I do about the dregs that are obviously still processing 6 YO data as Lowell obviously are?

[ericsbrother]

they are allowed to try and collect a debt that is stat barred because it still exists.

 

What they cant do is take legal action to enforce or recover the debt.

 

Once you tell them it is SB they will be obliged to stop their collection activity as they risk falling foul of the govt guidelines and anti-harrassment legislation.

 

So, ignore of tell them it is SB

 

. Check your credit files as they will be in bother if they are still adding to it after the time thye should have fallen off.

[May Fly]

Hi

Thanks for the reply. Yes I know they can still ask nicely for payment but must stop if the debt is Statute Barred and that the debtor makes it clear they will not pay.

 

I know I could point that out, but will they write again next year with another 'annual statement'?

 

And once I confirm my address

(I've ignored everything for 6 years since I stated my position to then all)

what's to stop them simply selling the debt on?

 

Telling them I won't pay and it's SB won't stop them holding and processing my data will it?

 

In my mind they shouldn't have my data anyway because there isn't a credit agreement

(so no debt), and anything that did exist is more than 6 years old and should be destroyed.

[renegadeimp]

If they keep pestering after you have told them the debt is SB then you can take further action. However, wait until that actually happens. Dont pre-empt it.

[dx100uk]

I notice reading your previous threads that you persist in believing certain myths regarding data, DCA's etc etc despite being told otherwise

 

Sec 10 is all but dead now

As is the old oft rules

Its now the FCA and conc guidelines

As for hiding off voters and not using cra files..well

All rather old hat

 

If the debt is sb'd then let them write

They are 'the creditor' they must under the FCA rules sent you a statement annually

That enables then to report and default etc etc

They inherited the rights of the OC

The debt won't be on your file anyway now long defaulted

 

Its much better to register on cra and voters than get backdoor ccjs

As even if they paperwork is naff

That don't mean a thing if you don't defend the claim because you didn't know it was made