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    • Hi all, I hope you are all well in this strange time? I'm trying to assist my cousin in a complaint that she has with the PDL Uncle Buck, and I've reached a stumbling block. Loan Amount:       £400 Charge for Credit: £350 Agreement Date: 05-Oct-2018 Disputed Balance: £276.79 From initial information I've seen it's been a comedy of errors with there administration side, but for her, misery. Original Payment schedule sent out to her started from 26.03.2019 - she questioned this. They never replied, so took it as that was 1st payment date. 7th Nov 18 she gets a Missing payment and a charge. Questions this, they adamant charge stands as it was a clerical error, she again disputes. 3 weeks of in arrears messages, they eventually agree to refund £15 - but now insist on I&E as she missed the payment - no change in circumstances. She asked for 3 days grace til payday. No reply.  Default notice issued. This eventually gets it self sorted and they missed payment was factored into the remaining. Dec 18 her fiancee passed away, no way to afford the payments & funeral costs until insurance settles  - UB continue to harass despite telling them the issues. Some how she finds the cash an pays something towards the balance, just to stop the harrassement. She loses her job in Feb 2019 - informs people she owe money to, that now on uni credit. UB state that if she pays x amount they can do a payment plan as she's already in arrears. I told her it's against FCA Conc regs, she emails them - nothing back. No chase emails / calls or anything till end Apr. Settlement offer - pay £355 and we will take care of the remaining balance of £535 she emails them to say she can afford £50 pcm based on the the settlement - they agree. August she gets a statement, remaining balance £235 - they had not used the settlement figure as this was to be paid in full only and also incurred missed payment charges(?) I write an email for her email requesting DSAR etc sent on 1st Sep - acknowledged 10th Sep - info sent through 10th Oct - Account was placed on hold from sept til receipt of DSAR. DSAR shows - comment of being financial difficulty, on UC, payment schedule - 9 call attempts, 4 CPA attempts (she requested this to be cancelled 2mths after taking out loan) list of charges and interest after being informed on UC and put into payment plan. Complaint goes off - complaint partly upheld - £235 still outstanding. Complaint again. Account on Hold again. Fast forward to Jan 2020 - Complaint still being looked into will have response within 6weeks.. Email received - Settlement remaining Balance £320 (they added further charges!) can do 40% settlement in 2 payments. Email goes back stating it's under investigation, would accept £150 settlement but over 5 payments. No reply. 21st Feb - Email Settlement remaining balance £276.79 - can offer settlement figure of 195 but require a payment of £55 within 3days --- this is still despite her being on UC and no reply to settlement. She replies - stating can not afford £55, can do £10 pcm to settle. - They accept, but the balance is now 266.79 and not the 195. No acknowledgement. Payment schedule issued for 10pcm totaling 266.79 -- questioned again - no reply or acknowledgement. March - she notices that UB is no longer on one of her Credit Reports. I told her to check Credit Karma & Totally Money - Both show that they are marked as "Settled"  £0 balance from 03/03/2020 So left it as that. May she gets a call from UB collections, chasing £266.79 as she's defaulted again on her agreement (note - they've never acknowledged any questions) - she informs them that as far as she and her credit reports are concerned she owes nothing. Also stated that even if she did - it should be written off, incorrect balances and reporting and as it's gone against CONC where they insisted on a Payment to set up a payment plan. Person raises a complaint on her behalf and said she is going to get the Credit reports amended as it was a clerical error. 26th May - Sum Of arrears notice " On 05-10-2018 you entered into a fixed sum credit agreement with us under which you borrowed £400.00 repayable by 6 monthly instalments. Your arrears under the loan agreement The opening balance (which is the total amount that is due and owing under this agreement) at the date of the previous Notice of Sums in Arrears (dated 26-11-2019) that we sent to you was £318.27. On this date, the payments that you had failed to pay when due under your credit agreement amounted to £259.29. We are required to periodically send you Notices of Sums in Arrears, at intervals of not more than six months, while you remain behind with the repayments due under your credit agreement. The balance now due under your loan agreement on the date of this notice is £266.79. The total amount of your arrears (the sums that you have failed to pay in full when due in accordance with the terms of your loan agreement) is £207.81" 29th May -  We acknowledge your complaint and are sorry to learn you are dissatisfied with our service. Uncle Buck Finance LLP T/A Uncle Buck (the Partnership) was placed into Administration on 27 March 2020. I confirm that Paul Boyle, David Clements and Tony Murphy of Harrisons Business Recovery & Insolvency (London) Limited were appointed Joint Administrators of the Partnership. They are licensed to act as Insolvency Practitioners by the ICAEW. They are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment. Today - Final Response:   How Uncle Buck understands your complaint You are unhappy that according to your credit file the balance of your loan had been settled and now you have been advised this is incorrect due to an error made by an agent. Our Investigation and outcomes  An email was sent to you on the 21/2/20 offering a settlement figure of £193.75 against your outstanding balance of £276.79 and that if accepted this would close your account. We advised that we needed a payment of £55.35 to hold this settlement offer. You responded to the email the same day advising that you were unable to take advantage of the offer and asked if we would accept your original offer of £10 per month. We responded on the 24/2/20 asking you to complete an income and expenditure form. This was sent back to us the same day. On the 25/2/20 we advised you that we accepted the offer of £10 per month.  You then responded with the date you would be making the payments, confirmation of this was sent on the 26/2/20.  You then queried the amount outstanding; Claire then spoke to you to discuss why the balance was not the £193.75 as this was a settlement offer. < She has never spoken to anyone about this. -- the person who raised the complaint said an email was sent out! As previously advised the agent who made you a partial settlement offer on the 21/2/20 made an error and added a code to your account which meant that your credit file was shown as partially settled. This has now been corrected. I apologise that this error was made and will be upholding your complaint.  However, I can not agree to write off the balance due to this error.   At no time did you receive correspondence from Uncle Buck advising that your balance had been paid.  You were advised on several occasions after this date what the balance was and a payment plan was agreed. Please contact our collections department to discuss the arrears on your account by the 11/5/20.  If no contact is made then collections activity will commence and your account will be removed from write only. This is our final response. Please note, any complaints raised to the Financial Ombudsman Service (FOS), will be directed to Harrisons Business Recovery & Insolvency (London) Limited.  They are no longer dealing with any complaints raised for the Partnership. And that's where I come to a block - they are saying that FOS will not deal with this complaint, really do not know what next steps are for her to get this resolved. Am I correct that they should not be asking for a payment to agree a settlement especially when someone has declared financial difficulty Any advice would as always be grateful  
    • Please dont forget dca's are NOT BAILIFF s and have ZERO legal powers on ANY debt.   might pay you to read a few threads in the debt self help forum too you'll soon get the idea   Dx
    • Fair enough London1971,    London1971 and Dx thank you for your help, I really appreciate it.    I'll keep you posted on what happens.    Stay safe, take care.    FSR
    • In future, all communication needs to be in writing only, by that I mean good old fashioned post, not email even.  Phone Operatives are trained to intimidate, lie, make you feel guilty, so that they can cash their commission. Right now times just got a whole lot tougher and they are even more determined to earn money whatever way they can.  When you communicate by post, this tactic is taken away from them, and they can't pressure you into doing something not in your interest.  
    • Ok, I see.    If the DCAs and creditors pursue the debt, is there a possibility that bailiffs or debt collectors can turn up at the door?
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davejh666

2 x CCJ's with Lowell

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Hi all,

 

I have 2 separate CCJ's with Lowell. I have had these now for 1.5 years and 6 months respectively.

I admitted to the debts when the claim form from the court came through and filled in an income and expenditure form for both claims.

Made and offer of £20 per month for the first debt and then £5 for the second debt.

Both of these were accepted and I have been paying them via direct debit without missing a payment.

 

Unfortunately my mother passed away a year ago and we have now sold her house.

I am now in a position to pay off some debts.

I would like if possible to pay these 2 debts off.

 

Before I contact Lowell though does anyone have any experience or knowledge regarding reaching a settlement figure for CCJ's?

Is it possible?

Is it likely?

 

I would like to pay them off, but if they want the full amount I won't be able to afford it.

With what I owe for both debts I will be paying them for the next 12 years or so. 

 

Any knowledge or help that anyone can give would be much appreciated.

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why did you admit the CCJ debts?

what were they?

 

as for you other debts?

what are they 

are they enforceable if paying a DCA?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi,

 

I admitted the debts as I took out the money/credit. They were both for credit cards that I used that I stopped paying. To be honest I knew I couldn't afford to pay them back when I took the money but felt I had no choice due to circumstances at the time. When the debt collectors letters from Lowell came through I ignored them all hoping they would go away. I had more pressing matters at the time with my mother, and buried my head in the sand. So when the claim from the court came through I filled it in honestly.

 

The other 'debts' are for car finance that I took out in October. I wrote my car off (the car was bought and paid for in cash so no outstanding finance) and needed to get another. With the amount of travelling I do I needed a reliable car so took out £7500 in finance. Obviously up to date with it and got the settlement figure from them. They will settle for £7200, which is a no brainer for me as the total cost of finance if I pay for the full 5 years is £14,800 so I save a lot of money by repaying this early.

 

My only other 'debt' is to my step-mother and my father. My Mum lived in Spain and she became very ill very quickly and I needed to get her home, was hoping to get her treated in the UK but her condition was too far gone. However, none of the airlines would fly her due to her condition so I had to get her a private medical plane to re-patriate her. The money I needed for this I borrowed from my Step-Mum. They get paid back before anyone else.

 

Not sure what you mean by a DCA?

 

Thanks.

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Lowell are a DCA a debt collection agency / debt buyer.

 

might be best to actually ring them and go in low with a very low figure p'haps <50%

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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35 minutes ago, dx100uk said:

Lowell are a DCA a debt collection agency / debt buyer.

 

might be best to actually ring them and go in low with a very low figure p'haps <50%

 

 

Ah okay, yes I see now.

 

It is okay to do this then? I need to make sure that if they accept anything that the CCJ gets marked as paid? As I said I have no real issue with continuing to pay each month but it does feel like a noose around my neck and if I can get rid of them then I will be much happier, just I know I can't afford to pay the full amounts.

 

I will come back here if they do agree to anything to find out what I should do next. Thanks.

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Wonder if you could ask about setting the CCJ aside and removed from your CRA at your cost if you pay in full.

There is no requirement for that to happen but deffo worth a chat if you want to do that...


 

We could do with some help from you.

 

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Speaking from past experience you could do as DX100 states offer them a low full and Final payment about 50% as a starting point if they accept this it is imperative that you apply to the county court for a certificate of satisfaction for both debts effectively if later they either sell the debt on or try to collect the rest of the debt that will stop them in their tracks.

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Words like 'noose around your neck'  'feeling happier' etc are understandable (I've been in your situation so I know) but objectively do not make any sense.  It's not like Lowell are sitting around swearing behind your back about how you haven't paid them yet. You offered them an affordable sum, they accepted!  You are just a number on a Spreadsheet to them.

 

You are asking for advice?  All that money you are preparing to throw at Lowell to settle your CCJ's is a waste. It won't make any difference to your Creditworthiness, and it will make you poorer.  Keep your money somewhere safe like a savings account or an ISA to be used in case life deals you a bad card again. Don't buy into the nonsense that you need 7.5 k to buy a reliable car, I never spend more than 1 k on wheels. currently have an 05 Focus that I paid 900 quid for. Most reliable car I ever owned!

 

Your CCJ's will disappear off your credit file within 5 years whether you pay them off in full, or give them a fiver a month until eternity.  So don't go flushing your cash down the loo.

 

 

 

 

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Are the judgments secured against your property ? joint debts or single named debts ?   Joint mortgage or in your name only ?

 

Andy


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4 hours ago, London1971 said:

Words like 'noose around your neck'  'feeling happier' etc are understandable (I've been in your situation so I know) but objectively do not make any sense.  It's not like Lowell are sitting around swearing behind your back about how you haven't paid them yet. You offered them an affordable sum, they accepted!  You are just a number on a Spreadsheet to them.

 

You are asking for advice?  All that money you are preparing to throw at Lowell to settle your CCJ's is a waste. It won't make any difference to your Creditworthiness, and it will make you poorer.  Keep your money somewhere safe like a savings account or an ISA to be used in case life deals you a bad card again. Don't buy into the nonsense that you need 7.5 k to buy a reliable car, I never spend more than 1 k on wheels. currently have an 05 Focus that I paid 900 quid for. Most reliable car I ever owned!

 

Your CCJ's will disappear off your credit file within 5 years whether you pay them off in full, or give them a fiver a month until eternity.  So don't go flushing your cash down the loo.

 

 

 

 

I know what you mean about it not making any sense. I guess I would just feel happier being debt free, knowing that no matter what may happen in the future I don't owe anyone anything.

 

With regards to the car - again you are correct. The car I wrote off I had for 4 years nearly and it cost me £350 when I bought it, never needed anything other than tyres and a battery. Being honest again though I am a petrol head and love my cars and bikes. However, for the last 7 or 8 years I have not been able to afford to buy what I would have liked. Neither the wife nor I had good paying jobs and raising our children and giving them what they needed was far more important. We have both worked hard, especially my wife who went to night school, to improve ourselves and now find ourselves in a better financial position. Knowing that the house sale was imminent and needing to get the car I took the plunge and took finance out knowing that I would pay it off within 6 months.

 

So, can I just check. Even if the CCJ isn't fully paid off within 5 years (which they won't), they are still removed from my credit file? 

 

Thanks for the advice.

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3 hours ago, Andyorch said:

Are the judgments secured against your property ? joint debts or single named debts ?   Joint mortgage or in your name only ?

 

Andy

 Hi Andy,

 

No the judgements are not secured against anything. We don't own our house, we rent from the local housing association.

 

Just my debts, wife doesn't owe anything.

 

Thanks.

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:thumb:

 

Quote

So, can I just check. Even if the CCJ isn't fully paid off within 5 years (which they won't), they are still removed from my credit file

 

 

Can only show for a max 6 years....paid or unpaid

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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5 hours ago, davejh666 said:

I know what you mean about it not making any sense. I guess I would just feel happier being debt free, knowing that no matter what may happen in the future I don't owe anyone anything.

 

With regards to the car - again you are correct. The car I wrote off I had for 4 years nearly and it cost me £350 when I bought it, never needed anything other than tyres and a battery. Being honest again though I am a petrol head and love my cars and bikes. However, for the last 7 or 8 years I have not been able to afford to buy what I would have liked. Neither the wife nor I had good paying jobs and raising our children and giving them what they needed was far more important. We have both worked hard, especially my wife who went to night school, to improve ourselves and now find ourselves in a better financial position. Knowing that the house sale was imminent and needing to get the car I took the plunge and took finance out knowing that I would pay it off within 6 months.

 

So, can I just check. Even if the CCJ isn't fully paid off within 5 years (which they won't), they are still removed from my credit file

 

Thanks for the advice.

 

Petrol head here too, I used to drive a PCP payment Car that was worth a years Salary, that I could barely afford. Now my fortunes have changed for the better and I drive a paid for car that cost a week's salary. I never thought that would happen.

 

Yeah and just to confirm CCJ's disappear from your Credit File on their 6th Anniversary whether you pay them or not. Once they have fallen off your file they are invisible to Banks, Credit Card company's, Mortgage companies etc, and your credit will improve.

 

Just because they have disappeared from view does not mean you don't owe the money anymore. However it becomes incredibly difficult for the Creditor to enforce. In fact it's nearly impossible for them.

 

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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