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Debt and debt collection advice please!


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Hi,

I’ll try to keep this as brief as I can.

 

I got into a bit of a pickle a few years ago, and this site helped me win against lowell in court a couple of times. I was then getting my credit files in order,

 

I have 2 defaults which were reported really late, but are due to drop off over the next 3 months,  and I was making good progress until the beginning of covid and the 6 months prior, when stuff happened and I managed to accrue another 8 defaults.

 

I’m gutted as I’d worked so hard to sort everything out but this is where I am now, and I was hoping for some advice on what to do with a couple of things. I’ve buried my head in the sand too many times and I need to be proactive if there’s anything I should be doing.

 

 the 2 defaults due to drop off soon are with Lowell, one vanquis, one catalogue I guess but I’m not sure. I’m certain that the last payments were significantly over 6 years ago.

 

on my credit files they are listed at my old address (from over 4 years ago). I know I should have told them my new address but I was scared to draw attention to myself, 

 

I’m really worried that they are going to try and get a back door ccj (they did this with my husband by using an old address despite having written to him at current address). Is there anything I should do with these two? 
 

 Of the other debts, 2 are overdrafts (same bank, I had two accounts). One was just charges, about £100, and the other is over £3000.

 

I took advice from here when the fees got unbearable and changed my bank account and let it go to dca about 2.5 years ago. The big OD got so big because I wasn’t working when I got it, and the fees became so big that I kept having to increase the od to be able to afford to live. And I was stupid.

 

I was scammed by PayPal, (which caused the little od) and during phone conversations related to that I said that they should never have given me the od in the first place.

 

I didn’t know at the time, but they took that as a complaint by me, investigated and sent me a final response a few months later saying they’d done nothing wrong as I agreed to the overdraft. At the time I did not realise that this was an official complaint so I just ignored it.

 

A few months ago I looked into trying to sort stuff out, read loads, and I spoke with the financial ombudsman who said that as over 6 months had passed there was nothing I could do.

 

Now I’m really worried about what they are going to do, as I’m sure Lloyds bank won’t allow a £3000 overdraft to just disappear. Is there anything I can do? I did request a sar at the beginning of the year and I received that.

 

 The others are mainly credit card and catalogue debt. I sent sar requests at the beginning of the year to capital one (2 accounts) and marbles and received those back. The other is a catalogue debt. Is there anything proactive I can do with these rather than just completely ignore them? I think they’re all with dca.

 

 I get very frequent emails from JC Aquisition. This is about a £90 debt from sky from about 8 years ago. I disputed this at the time but nothing came of it, it was when they continued to charge me for a month after I moved house despite me making 3 phonecalls to cancel my account when I moved house.

 

It should be statute barred but I don’t know what to do to stop them taking me to court. I also have no idea what address they are even using, or how to contact them other than replying to their emails.

 

Sorry this has ended up being long. I would really appreciate any advice you could give me

Edited by dx100uk
added A few blank lines only..dx
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1. simply write and tell them for each debt giving your correct and current address. as you must with any debts that you've not used the credit/paid within say the last 7 yrs.. protect from backdoor CCJ's always. NEVER move without informing all you debt owners.

 

2.let the od's run, OC's dont do court.

 

3. as above

 

4. as 1 the are lots of jci threads with pdf's with their address.

 

on all of these , simply update your address and sit on your hands until/unless you ever get a letter of claim, then return here

 

whatever you do do NOT ever engage over the phone or use emails. writing ONLY

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much for your reply.

 

Can I just confirm please, writing to them with my new address won’t reset the 6 year clock? I don’t have the account numbers for them either, the credit file only shows the last digits, is that enough if I include my old and newer address? Can they claim to have not received my address change? 

 

The overdrafts and other bills are now with debt collectors, do I still ignore them all? 
 

thank you x

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no it does not reset sb

 

you said you have piles of letters?

match those to the credit file info. then you have the full ref number.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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opps sorry shows you how many i get....:eyebrows:

 

ive removed that bit and i'll go find its correct target...:pound:

  • Like 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Hi, 

I have received a letter from Overdales this morning to high I think is a letter before action, regarding Lowell. I have been to court with Lowell before but never taken any notice of this letter giving me 30 days before, and I was wondering if there’s anything I can do now?

 

I have read through and seen about sending off requests to Lowell. Should I do this? And do I need to send the postal order still? 
 

The other thing with this letter, is that they have put 3 debts onto one. There are two separate capital one accounts and a catalogue account listed on the second page, with a tota of all 3 on the front. Can they do that?

 

I’m sorry if this sounds a bit garbled, I’m a bit panicked and I’m not sure why. I appreciate any help you can give me x

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Please read the following link...its advised that you use our forms in responding to their PAP.

 

Andy

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 OTHER

 

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

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Thank you x

 

i just have a couple more questions if that’s ok?

In this it says:

I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation

What reason can I give? 
 

Do I send all of these to Lowell? Or the solicitor? Or the original places? 
 

I sent off to capital one a dsar earlier this year, was this a silly thing to do, will it affect me now?

 

 

 

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You have yet to tell us the history of the debts and why you DSAR Capitol 1...so please flesh the bones and then we can come back to the response forms.

 

Topic moved to Debt Collection Agencies forum.

Andy.

 

.

 

 

.

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 OTHER

 

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

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Sorry I didn’t realise. 
 

the two capital ones,

 

I had one account, limit about £1500 I think, and I’m not sure why or how I got the other.

 

The second only had a small limit, £200 I think.

 

I phoned and told them I was struggling to pay everything. I’d not been working for a few years because I was bringing up my babies and had just returned to work and was struggling.

 

I’d been given quite a few bits of credit while I wasn’t working and just couldn’t afford everything. Childcare costs meant I wasn’t any better off in the short term,

 

I had a humungous overdraft where the charges were killing me and everything caught up with me so I stopped paying and buried my head in the sand. 
 

The catalogue account was for Studio.

 

A friend asked me to open the account to order her something from there which she couldn’t find anywhere else so I stupidly did. Then I used it too which was even more stupid. I’ve no idea what the balance was but Lowell have listed at almost £500 now.

 

lowell have now lumped all 3 together to n this letter and given me 30 days to respond. Ive now read the link you’ve put up there and other stuff on here and I’m thinking should they have given me 60 days? Or am I misunderstanding? X

 

Oh, I sent the dsar  because I have a few defaults from that time and I was cross with myself and panicking so thought I’d do something proactive.

 

I had my car repossessed which I’m convinced wasn’t right so I put in a complaint with them and sent for a dsar to help my complaint with the fos and randomly sent a few more off as well. 

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Just use the default here for now..the claimant has yet to supply any paperwork..it does not really Matter at this stage.

 

Start a thread in vehicle repo forum spill the beans we can help!!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm really sorry to sound so stupid but I've been sorting these forms and I'm confused by a couple things, could you possibly help me please?

 

The CCA letter and reply form, do I send these to Lowell or to the solicitors?

Also, there are two slightly different letters in post 1 and 2 on the cca link, am I right that the first one is right? It's the paragraph towards the end.

 

The reply form, do I print and fill it in, or am I best to type it?

 

Thanks again for all your help x

Oh and I will go to the repo forum, I honestly didn't realise that there was one..

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simply follow post 2 in the letter of claim thread

CCA request should goto Lowells with a £1 PO 

but there is no harm in sending it in the same envelope to overdales either!

just download our reply form attached to the post

fill it in 

away you go.

 

use 1st class stamp and free proof of posting from the PO counter you get the £1 PO from.

 

there is no need to use any of the bump they sent, purely now for ref only.

 

take your time you have 30days from the date on their LOC.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

I've had an update or two on this and wondered if anyone could advise me what to do next please?

 

I sent the PAP and CCA letters off. The debts being claimed for together are one to Studio catalogue, and two to Capital One.

 

I received a letter from Lowell just before christmas, which said that further to my requests, they were sending off to Vanquis for my information.. They did have an old vanquis account of mine, which was statute barred in December, it should have been a couple of years ago as they defaulted me really really late, but I didn't want to rock the boat so I just left it there all this time. This was not mentioned on the Overdales pre action letter I got so I figured they'd made a mistake..

 

I then received a letter yesterday from Overdales saying that they couldn't get the info on Studio so have returned it to Lowell, 

 

however they had enclosed both copies of the agreements to capital one, and that I now have 30 days to respond or they will take it to court.

 

They have sent printed versions of contracts (taken out a few years apart, one is longer than the other). Each contract has my name, date and address at the time. I read somewhere that they should show an ip address, and they don't have that.

 

What can I do now?

Is there anything?

Or are they just going to take me to court?

 

I really can't afford to get a CCJ and I'm very panicked...

Edited by dx100uk
added A few blank lines only..dx
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Scan redact and upload copies of the agreements for opinion.

 

Andy

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 OTHER

 

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

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

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also...I have just had 2 debts fall off my credit file due to being statute barred. Both owned by Lowell. Should I send them a statute barred letter?

 

They haven't contacted me specifically about these, other than they regularly send letters which include them at the top saying they have accounts of mine that need paying.

 

One of these worries me especially though as it is listed at my old address, or it was on my credit file before it dropped off. I ignored that for ages because I was worried it might make them take me to court for them and I didn't want to draw their attention to it,

 

they have included the debt (Vanquis) on other letters they have sent to me at my address.

 

I asked on here and sent a letter a few months back with my change of address but they didn't update my credit file with the right address so I don't actually know which address they would use.

 

I also don't know if they have just written it off or if they will try and get a ccj for them..

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I would send the statute barred letter and inform and ask them to update their records with your address.

Retain a copy that they have been informed.

 

Andy

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 OTHER

 

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

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

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This scan isn't great, I'll do it again if it's not good enough, sorry!

 

I've just realised also that I received none of the documents that I requested from the pap form

Overdales first reply cca agreements redacted.pdf

 

Thank you. I will do.

 

I don't think I have the full account number, just the last 4 digits. The second debt I have absolutely no idea even what it is, I'm not convinced it ever belonged to me

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  • dx100uk changed the title to Lowell and several debts.

posts moved to your existing thread to save confusion on the other members thread you sent them too.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

Each contract has my name, date and address at the time. I read somewhere that they should show an ip address, and they don't have that.

 

I suspect your scan is at fault and the agreements are legible...agreements taken on line do not show IP address and tick box but they cant possibly have your signature either.

 

 

.

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 OTHER

 

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

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

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DX - thank you and sorry, I was just browsing and saw that and wondered..

 

Andy - yeah it is a dodgy scan, it’s perfectly clear. So now are they going to take it to court?  Like I say, overdoses have sent me this, Lowell have replied saying they’re trying to get my capital one documents from vanquis but have sent me nothing from the list I sent.

Edited by purplenora
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There is no telling what they might do paperwork or not ever with regard to court but theyve lost or discontinued numerous times with better paperwork than that.

 

Court is easy stop panicking

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

I have an update with this and I'm not sure what to do, and wondered if you could advise me please?

I got this letter of claim giving me 30 days to respond from overdales, regarding 2 capital one credit cards, and one studio catalogue, which were all together on one form. 

I sent off all letters as advised

Overdales replied with agreements for both capital one cards, and a separate letter saying they were unable to solve the studio query ,they were returning that to lowell.

Lowell replied saying they were trying to get me the information from Vanquis (This didn't relate to vanquis at all, they do have an old account of mine from there but it is well and truly statute barred).

They eventually replied with vanquis account information.

I've still received nothing from them relating to either capital one or studio..

I have now received another letter of claim from them.

Identical to the first one I received in November which I responded to.

It has the same 3 accounts on, one from studio and two from capital one.

Should I respond to this the same as I did before?

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Yes.

 

Dx

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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