Hoist now lowells - old card debt been paying for ages.

[Yorky55]

Hy, not sure if this is the right place to post this question.

 

It, is not about avoiding the debt,  as it has been paid each month, it is asking the best advice and option in dealing with it, now and future.

 

The debt was originally with Hoist Finance UK Group. It was a credit card debt, balance £just over £5,000. An agreement was set up for me to pay £10.00 per month [which really, is all I can afford] I did this by paying in with a Bar code at Pay Point. Regular payments were made and non missed.

At present, retired in  late 60s and not in good health, rather bad health issues. Taking day by day, year by year, if lucky.

 

A payment was made on 31st March. A few days later, received a letter from Hoist, stating that in October 2022, Hoist was acquired by Lowell group. In early March 2023, the debt was transferred to Lowell. A letter from Lowell stated that they have the debt and payments options are; Use Automated 24 hrs service; or On Line banking or set up Direct Debit.

 

Question 1];

I would rather prefer to pay, using the Pay Point option, I do not want to pay using bank debit and also do not have on line banking. Would the automated option be better for me or can I request the Pay point option. At 67, in poor health, limited pension and at £10.00 a month, at present,  it is going to take a very long time to pay off the debt, in fact I will have passed away by then.

 

Question 2] Should I keep paying the £10.00, and if I were to pass away say in 6 months, 1yr etc. Lowell will not get anything back as there is no money or assets in my estate to pay this off, only enough to burry me. Or, should a final settlement offer be made, as a friend of mine would lend me a sum off money, all be it less than amount debt is owed.  Maybe 15 to 20%. 

 

Either way, I do not want them phoning, going through lengthy chat, as healthwise, I am not able to cope with this stress. Should I  send a letter of reply to their letter, also ask about making payments, maybe the settlement offer? 

 

Any help, advice on this matter would be appreciated, many thanks

[Homer67]

Wait for the experts to come along as I'm sure they'll be able to help but in the meantime stop worrying about this.

 

I'm 99% sure personal debt dies with you and Lowell would not have a claim on your estate.

 

If you do get any phone calls from anyone you suspect to be Lowell or any other DCA make sure you make them identify themselves first and once they do simply say "nothing by telephone, in writing only" and put the phone down.

 

If they are calling you on a mobile block their calls (you can do that on some landline phones as well).

 

Same goes if they dare doorstep you just say "in writing only, leave or I'll call the Police" and shut the door in their face.  Video them if possible.

 

There's very little they can do t you if you have no assets.

 

 

 

Edited April 4, 2023 by Homer67
typo

[London1971]

You shouldn't have started to pay them in the first place,  that's how they string out the statute barred thread to infinity.

 

1. Send a CCA , you can find the template on this site, after 12 days, when they haven't replied, then cancel your payments.

 

2. Ignore all begging letters until they have complied with the CCA request.

 

3. At some point if they actually manage to comply with the CCA. Send them a letter stating you are ill, listing everything, medications and a note from your GP / consultant. They will drop it like a hot cake anyway.

 

Question for you? have you moved home since taking out the original debt?

 

Remember, All communication to be in Writing by Royal Mail. NEVER answer an Email from them, NEVER answer a call or text from them.

 

 

[Yorky55]

@London1971 thank you for reply.

Regarding payment, at the time, [a long time ago] I thought that this was the best course of action.  It was a Bank Credit card,  passed to Debt collectors, then passed to debt collectors [the latter two I forget] in order for me not to get into bother, I agreed a monthly payment plan, 10£ with the  the agency who took the debt over, which was Hoist, I never contacted them as spoke or replied to them, just paid each month by Pay Point, this i did for many years. Untill March when Lowell said they had taken over the debt and contact them regarding payment as they know I was paying with Hoist.

 

What will the CCA do!

Yes moved, and yes Hoist sending letters to me at new address.

What will happen if they provide CCA or if they dont, I assume I still hav eto make payments.

Yes I will get all relevant medical letters, treatment and medications?

If i dont make payments, will I be in a breach? Can they take me to court?

Yes all letters RM recorded. Will not answer e mails, phone or texts.

 

forgot to add @London1971 some time ago, I must have made an agreement of paying £10 each month, it must have been accepted, especially by the previous agency Hoist, as they sent the Pay Zone Bar code slip to pay, I honestly cant say about the agencies before Hoist.

Surely as I am paying, have paid, this means that I acknowledge the debt is mine and as such enforcablw.

[London1971]

The CCA will give them 12 plus 2 days to find the relevant documentation, it won't happen, they will put the account on hold and you can stop paying, it won't be enforceable. Don't worry about whether they will comply with the CCA or not, until it happens. 

 

The fact that they are writing to you at your current address means nothing, they would be perfectly within their rights to send a Claim Form to your old address they have on file, and one day you'd have a CCJ out of the blue. That is the only way it would go to court.

 

Along with the CCA send another letter, simply informing them of your current address

[Yorky55]

Hoist have been send letters about If I pay a lump sum they will write off the rest,

also, letters about contacting them if current payment plan, arrangement is ok.

they already have the new address, been here quite a few years now.

Lowell also sent to this address their letter.

 

Hoist Letter dated 28th March, received a few days after this.

Hoist ref number XXXXXX

Balance £5003  [but as paid 10.00 on 31st March it should be reduced]

Previous creditor ; Barclaycard

Previous  A/C number, XXXXXXXXXXXX

 

Address this one, my current

 

Content; In October 2022, Hoist holdings etc. acquired by the Lowell group. 

On 6th March 2023, A/C transferred to Lowell Portfolio, with a balance of £5003. 

Any payments after this date will be made towards my A/C and deducted from total. LPI instructed Lowel Finance to manage my A/C. As part of sale of the A/C, we have shared some information we hold about you with LPI, so they can manage my A/C they will be responsible for any further communication with you etc......

 

Lowell Letter dated 28th March 2023, received a few days later with Hoists.

details similar to Hoist, different ref number

 

Content similar about acquiring.

The letter refers to former agreement with Barclaycard, balance legally assigned to Lowell Portfolio, it was first legally assigned from Barclaycard to Hoist Finance UK, then to Lowell Portfolio LPI now instructed Lowell Finance Ltd to manage account.

 

Move payments to Lowell.

 

Lowell are aware my previous payments being made for this A/C now make payments to us

 

Contact options

3 payment options [which i am not keen on as I usually paid each month at Pay Point]

then a lot of standard printed jargon.

I hope that this helps better understand my situation. 

 

A CCA pending on what it is being used for, would take at least up to 3 months for them to find and send.

I understand they have 12/14 working days to reply; send True Copy of CCA , I assume as Lowells are the new owners, I can do this, and they hopefully will comply. If they want more time they can ask up to 40 days longer. I send £1, keep copy, proof of postage.

 

Am I write in thinking if No CCA is sent within 3 months, the debt legally exists, but cant go to court/CCJ If this is the case the debt is not legally enforceable, and assume, you could possibly stop paying? unless a CCA is provided. But if debt is still a legal debt? then cant it still be chased and end up eventually in court. [you can not use statute barred]

 

So to present day, I guess I will have to keep paying each month until CCA is found.

 

Al rather stressful on top of everything else.

Please highlight any areas where I need to trad very carefully

 

 

[dx100uk]

barclaycard.

you should never have paid any dca in the 1st place

 

they wont get nor have an enforceable cca.

 

the rules of engagement have dramatically changed since you were here moons ago the 30 days / 3mths went out the window in 2007!!

 

stop paying

ignore everything.

until or unless you get a letter of claim.

 

do send or do anything NOW bar stopping your payment.

 

dx

[London1971]

But for goodness sake write to them with your current address. Lowell's MO is to seek out people who haven't correctly kept their contact details updated, and to send claim forms to their old address. This has happened to me twice.

[Yorky55]

@London1971 Ref address, they do have my new address well its years old now. That is why Hoist are able to send letters. and That is why Lowells have written to me here, Hoist gave or passed contact address to them.

 

@dx100uk it goes back years, I must have contacted them [before Hoist] and made a payment agreement, of 10.00 which has been paid regularly, although I received letters from them, I never ever phoned or wrote to them, just made payments. 

 

Oh so how long do you give them now to find and send me the True CCA.  what is time line for this

 

I will write to Lowells, requesting a bar code to pay at Pay point, only other option is 24 hr payment line, I do not want to do debit or DD, as I am worried about them getting access and my bank details.

what happens if a CCA is not produced, does this make the legal debt, unenforceable via CCJ or court.

 

Its being paid, so I cant say its not my debt or I dont know about it, as they will wonder why Im paying a debt all this time if it wasnt mine.

 

I they produce a claim letter, then I cant say its not my debt? may end up court or more costs, not to mention more stress.

 

So, am I right int thinking, that if no CCA, then they cant make me pay for the debt, through court! But as it is quite a lot of money, I wonder how they would recover it. At that point, would a somewhat reduced Final settlement offer be made, ensuring they dont sell, chase or pursue the debt.

 

[dx100uk]

50 minutes ago, Yorky55 said:

Ref address, they do have my new address well its years old now. That is why Hoist are able to send letters. and That is why Lowells have written to me here, Hoist gave or passed contact address to them.

 

does not any longer run like that.

 

if you have NEVER written to the original nor any DCA telling them your correct and current address you must do so to prevent a backdoor CCJ on any debt SB'd or not 

 

52 minutes ago, Yorky55 said:

Oh so how long do you give them now to find and send me the True CCA.  what is time line for this

it now simply 12+2 working days, then you can cease paying until they comply AND you DO NOT send off any other silly failure letter or alike now, you dont need too!

 

DO NOT CCA,  await the letter of claim, then fire your arrows. you never want to alert them to what is wrong nowadays, then they'll have months/years to fake up paperwork.

 

56 minutes ago, Yorky55 said:

Its being paid, so I cant say its not my debt

 

throw the morality card out the windows!!

 

57 minutes ago, Yorky55 said:

If they produce a claim letter, then I cant say its not my debt? may end up court or more costs, not to mention more stress.

if you mean a letter of claim (which they MUST now send 1st before they can ever raise a court claim)

until they prove its you debt by a signed agreement, why not?? it does not add more costs, or harm you at all.

 

no enforceable CCA = no debt - waste of time going to court too, there are no extra costs in small claims its fixed sums.

 

barclaycard CCA's dont exist, they never did, what year did you take this out?
its really weird you've blindly paid this debt for sooo long with the history you have. all you've done is run the statute barred clock to infinity and paid for their drinks every night down the pub. no debt ever existed the OC reclaimed it via their insurance/tax clawback when they sold it on.

 

dx

[Yorky55]

ok thanks, will take on board your points, will send letter confirming address

- so next payment due 1st May, i dont pay it or I do

- wait for claim letter before I ask for CCA or request CCA now, just seen note, I dont send CCA until claim [if i stop paying, will i be in default?

- taken out with Barclaycard so many years ago I cant remember, its got to be at least 10 years or more

 

but if they do produce the CCA, then back to square one

[London1971]

1 hour ago, Yorky55 said:

@London1971 Ref address, they do have my new address well its years old now. That is why Hoist are able to send letters. and That is why Lowells have written to me here, Hoist gave or passed contact address to them.

 

@dx100uk

 

 

They make a an educated guess by looking at the electoral role, last known address etc, in other words phishing letters. However if you don't actively confirm your latest address, in writing, you have zero redress if you end up with an default judgement, that you never saw because it went to your old address. Lowell in particular, actively search these out.

[Yorky55]

@London1971 have printed confirmation letter will send tommorow, Recorded, thanks

[dx100uk]

you dont need recorded to a powerless dca!

use a 2nd class stamp!!

just get free proof of posting from any po counter.

 

stop paying now.

await if/when they ever send a  letter of claim 

then comeback here.

 

can never return to your credit file as it was default +6yrs ago.

 

 

 

 

[fkofilee]

Not suggesting you should but if you have to pay as all is in order, consider a Standing Order - Lowell will provide their details if this is an option for monthly payments from a bank account. 

Also I would suggest raising a formal complaint, due to my health issues, they recently closed off £5k worth of debt because it wasnt viable to persue it. 

 

I hate all DCAs, but Lowell are one of the best to deal with (Theyve written off over £10k from my history when they have been challenged on it) 

 

I also agree with @dx100uk in their approach but I do wonder if maybe a slightly different tact maybe worth taking. 

 

[London1971]

Yup to above and the health issues, my wife has had stuff wiped off because of that with Lowells. 

 

Plus , Lowells tend to back off when challenged, eg CCA etc, or simply you confirming current address.  That's because they make a huge amount of money from backdoor CCJ's., easy pickings for them.

 

I think there was one example on here a few years ago on here where a foreign bank sent out hundreds of 'Letter before Claim' letters, not one person who actually replied, actually went on to receive a claim form. They were only phishing for the one's who didn't reply. That's where the easy money is.

[Yorky55]

I note the points raised above. Concern is;

1[ The debt was reguarly paid  per month 10.00 as agreed, but so long ago. Hoist owned it, now acquired by Lowell. So how can it be argued, the debt isnt mine or belong to me.

 

2] So should i wait for a claim letter, then ask for a CCA, or ask for a CCA. 

 

3] Yes I am trying to find all my health related letters, hospitals GP, medications, eye sight not good due to the diabetis, and I doubt I may even be here in a year or more due to health. 

a] argument could be, write off the debt on this ground, as If I pay only a few months or year, then die, you wont get any more money

b] If you dont agree, then it will take so many years to pay the debt off, so I will probably die before then, so they wont get all the money

c] Perhaps offer a full and final figure, about 15 to 20% [lump sum to come from family/friend

 

4] If they prove the debt is mine, bearing in mind, I have been making payment, then IF they produce the CCA or proof it is mine, then if it goes to court they would have a strong case, which I may welll end up paying court costs and still the debt on top!

 

@fkofilee and @London1971  you have highlighted this issue which seems a possible option, except they could still turn round and say No way!

 

It is indeed very stressfull with my life at moment and wondering if I hav e the strength to enter into more worry and stress, in a way avoiding the debt.

[dx100uk]

as i said - throw your morality card out the window.

the fact that lowell have bought out hoist thus acquiring yours and +£1Bn of other peoples debt has ZERO bearing that it must belong to you..

 

yes do your no.2 IF IF IF one ever comes

and IF If IF their eventual paperwork proves enforceable you go back to paying £1PCM...end of problem.

 

 

[Yorky55]

do I not pay, until they contact me, which will be to say, you haven't paid, contact us, or else! in which case I will get default for not paying!

 

or send a CCA request now, not pay and wait,

 

its all rather confusing for me to work out what to do for the best,

 

sorry I sound stupid, but really not good and medication and pain, stops me from focussing properly

 

just to add if the debt company does present a CCA this will then be an enforceable debt in court, so would I end up in court?

 

[AndyOrch]

Who was the original creditor before Hoist got their mites on it ?

[dx100uk]

On 04/04/2023 at 18:04, Yorky55 said:

Previous creditor ; Barclaycard

 

[dx100uk]

On 04/04/2023 at 18:11, dx100uk said:

barclaycard.

you should never have paid any dca in the 1st place

 

they wont get nor have an enforceable cca.

 

the rules of engagement have dramatically changed since you were here moons ago the 30 days / 3mths went out the window in 2007!!

 

stop paying - it can never return to your credit file now. you cant be defaulted twice!

ignore everything.

until or unless you get a letter of claim.

 

don't send or do anything NOW bar stopping your payment.

 

dx