Lowells/Hamptons advice please

[brent27]

If anyone can assist me with regards to a small but growing debt I would appreciate it.

 

A £600 debt originating from a disputed credit charge (Visa) in 2003 was subsequently sold to Lowell Financial DCA in 2005. After numerous letters (non replied) Lowells have passed on my details to Hamptons legal dept. As a consequence I am now being threatened with legal action for more than double the original debt. My question is this, if this matter does go to court will a CCJ remain on the records 6 years from the court date or the original date in 2003?

 

Secondly is it worth writing to Hamptons to dispute the debt, requesting the original paperwork as proof, or is this matter best left alone until 2009?

 

Thanks in advance

[Bailiffchaser]

Send a sar of to loewll and see what their reply is and also in the mean time write and dispute the whole account. you will find the templates in the template section of the site. Do not worry i will guide you through this but you have to trust me regardless of what others say about me !!!!!!!

[rbrears]

any judgment shows for six years from the date of the judgment

[lookinforinfo]

Did you ever manage to sort out the dispute way back in 2003?

[brent27]

Thank you all for the advice.

 

If Lowells choose to throw good money after bad that is their choice, and with a zero possibility they will ever recover the debt once a CCJ has been given, I guess the letters will keep coming. Yes a CCJ will affect my credit score, however it will not achieve the bottom line for Lowells.

 

My opinion is that the sooner Lowells and other DCA's learn the rudiments of risk assessment the better off we will all be. If only they had the sense to offer an acceptable settlement (50% off the original debt) this unfortunate situation could have been resolved. I guess greed and vengeance got the better of them.

[JonCris]

brent as it sounds that much of the debt consists of unlawful penalty charges (some of which you may have paid at the time) you should start the reclaiming process.

 

Send a CCA demand to the DCA & a S.A.R - (Subject Access Request) to the original creditor

 

The result may be that because of the passage of time & the addition of contractual compound interest they actually owe you money

 

Also write quote section 7 of the DPA & tell them they have no authority to process your data & to cease forthwith

[gravitas]

If they get a CCJ and you dont pay they'll send bailiffs in - given that you've acknowledged the debt by offering a settlement, offer the 50% again, do it on the last working day of the month and you maybe suprised

[JonCris]

Why offer anything when brent may not owe money. They may in fact owe him. & they can't get a CCJ without brent being given the opportunity to defend their claim.

 

My advice pay nothing & if asked say you intend to investigate the fact that part or all of their claim may involve unlawful penalty charges which you will reclaim with interest.