Lowell/Overdales letter of claim - 2 old cap1 cards

[Melbel]

Hi. 

I was hoping for some advice. I've been a member of this forum for a long time so have picked up a lot of knowledge but there's a few things that have cropped up that I could do with some help on.

My Husband - he has two credit cards.That were taken out under Capital one in 2016 (one was Ocean). Which he defaulted on in 2018.  We were going through a time of losing our house and our finances were terrible. We were homeless for a while. Anyway - the two accounts are as follows;

1) Balance £340

Default Date - March 2018 

Last payment 5 Oct 2017 (statute barred?)

2) Balance £220

Default date August 2018

Last payment date March 2018

We have been chased by Lowell then Overdales. We wrote back to Overdales earlier this year not acknowledging the debt but requesting a copy of CCA and a SAR as we do not recognise them or the debt. 

They went way over the response time but eventually we received paperwork. one is a copy of the CCA that he signed. But there was no notice of assignment, copy of default etc etc.

The SARs did not show much - just loads of screenshots of missed calls made to his phone and statements of account. They also sent copy letters of notice of assignments which looked brand new. 

They have lumped together the two amounts into one to chase so they are trying to collect £560.  Can they do that on two separate accounts?

Also - one is statute barred. 

Then my husband was diagnosed with a serious heart condition in Sept  which our lives have been taken over by and has got to give up work so now he is reliant on benefits after always working. He has very little income now. 

We ignored what they sent. They have written recently giving us 30 days or they MAY apply for CCJ. Red writing. 

Should i write back with a statute barred for the one account - if so, how safe is it to not get a CCJ on that ?

Also what about the other that is not quite SB - should we offer £5 per month to stop a CCJ?

Not sure if to just ignore and think they may not go that far for such small amounts. 

Can anyone advise the best course of action now please. Thanks as always 

Mel 

 

 

[dx100uk]

if he has not moved since taking out the cards you should have simple ignored them until/unless you get a letter of claim from overdales which to date you have not.?

if the above is correct then i suggest you do so now.

always best to sit on your hands rather than start pointless letter tennis until a letter of claim

its then you should respond and we will help.

also not sure where you got this idea of sending a dca an sar, thats pointless to do and should only ever go to the original creditor.

a DCA is not a BAILIFF

and have 

ZERO legal powers on ANY debt - no matter what it's type.

dx

 

 

[Melbel]

Hi Thanks for replying.

The red font letter they have sent has ' Letter of Claim - 30 days to prevent legal action' in the title. 

Is that the letter of claim you meant?

[fkofilee]

Likely it is... 

Can you post it up minus personal details? 

[Melbel]

It was in my photo roll but I think I’ve managed to convert to PDF

2023-10-27 overdales letter of claim.pdf

[dx100uk]

yep thats a letter of claim.  

so everything is now much clearer now

sadly neither are yet statute barred (DN+14days typically) but are not far off so this is why lowells are now starting to pull strings before they are, but as usual they wait till the last minute to gain max interest if it goes to court. 

£560 is not alot for them to get really bothered about so they might not push this to court. but even if they do they are easily dealt with.

however back on track.

if you hit letter of claim and follow post 2 thats the way to go, just simply remember you are writing about 2 cards in one so pluralise the relevant words .

now you say they sent previous documentation via cca/sar, but were lacking in the list you'll see on the paploc reply you'll send.?

so what i would do is follow the guide to the letter.......

resend cca's for both cards as well

reason from your thread: the claimant has previously supplied some documentation but this was woefully incomplete of should legally be supplied upon request.

now dont rush on this, leave it until near the end of your 30days time limit, dont play into their hands...send you paploc reply and the cca requests by 2nd class stamps and dont forget to get proof of posting for each.

dx

[Melbel]

Wow thanks so much for coming back so quick and with such detailed advice. 
I will follow yours and the advice in the thread you have linked. 
 

there’s definitely information missing from the list and them putting the two accounts together has made me realise just how much. 
 

I will respond back to them as two separate accounts and request the specific information on both. 
 

I will keep the thread updated moving forward. Thanks again, I should have come here first instead of sending stupid letters to them
 

 

[Melbel]

I am back with an update...

I did everything as instructed on paploc reply for both accounts (as separate). 

I ticked box D 'dispute debt' and listed missing documentation; copy of DN, statement of account/interest etc, calculation of interest claimed & all payments made, copy of notice of assignment. I also sent the separate CCA req again as instructed.

They responded before xmas and told me that they were getting the information together and that they would not send the agreements again as they had already done so. I cannot find these agreements anywhere so I  could have really done with them re-sending so I am annoyed with myself there.

I then received a letter dated 12 Jan which I will upload now. 

The only info they have sent with it is around 20 x pages of Credit Card transactions that you would get on your monthly statement - just the transaction list and where you spent the money & how much. That sort of information.

Not sure now if they have supplied enough to be able to CCJ on. Or If they will bother.

We are missing the Default notices definitely and everything else has come through in dribs & drabs and appears re-constituted. 

I do feel like writing back explaining my husbands situation that his income is now approx £357 per month so there is no money for them anyway!  but obviously i will get better advice here. 

 

Overdales jan 23.pdf

[AndyOrch]

12 minutes ago, Melbel said:

I do feel like writing back explaining my husbands situation that his income is now approx £357 per month so there is no money for them anyway!  but obviously i will get better advice here. 

Noooo leave it alone now see what they want to do next...you do not divulge your Financial position to a DCA...only a court.

 

Andy

[dx100uk]

a bundle of statements is not a signed credit agreement...

dx

[Melbel]

Hi. 
 

They did send agreements early last year (according to what I posted in November at the beginning of this thread) but I cannot find them anywhere. 

then they refused to re-send them when wrote to them again. 
From what I write at the start one was signed. it looks like they only sent one. I need to find them out. 

Theres never been a copy DN sent out. 

[dx100uk]

well better to find them and get them scanned here

always useful to see their cards early.

dx

 

[Melbel]

Hello

I haven't found those two agreements.

Now i am wondering if I ever had them as everything else is there in my folder so it is weird.

However, I did make a note in March 23 that they sent ONE agreement and from what i logged - it was reconstituted. (It must have been for the two amounts combined) as I have said at the beginning they are chasing the two debts as one.

I did find two copy DN letters in the file. I can post up here if needed? 

When I sent the paploc then I CCA'd both agreements separately.

They returned both postal orders saying they do not take payment for CCA requests and that they were getting the information requested together.

They then wrote back saying they would not be sending the agreements as they sent both in the March.

I am thinking to just write back and say that there is missing information/incomplete information request and I won't be arguing with them any more so they can crack on if they want to try to issue a CCJ (In the hope they don't)

** as a side note; 

If they were to issue a CCJ and send him paperwork.

Can you pay the full amount before it is registered on your name? 

(i have read about paying within one month and stopping it being registered although i cannot find any conclusive answer).

Many thanks 

Mel

 

 

 

[dx100uk]

7 hours ago, Melbel said:

However, I did make a note in March 23 that they sent ONE agreement and from what i logged - it was reconstituted. (It must have been for the two amounts combined) as I have said at the beginning they are chasing the two debts as one.

not possible. it's 2 agreements from the ORIGINAL CREDITORS a debt buyer cant 'make up' an agreement.

yes if paid within 1 cal moth but fat chance of them ever getting a CCJ. 

see the many lowell claimform threads already here on merged debt claims.

9/10 they discontinue before having to pay the hearing fee or they simply lose in court.

dont think there is one merged debt claimform lowells have ever won on here.

 

 

[Melbel]

Right then - so do i need to contact them back now to advise they have insufficient information and I won't be engaging any further unless it is from the court? or just now ignore?

As soon as i get home from work i am looking through the threads you mentioned regarding merged debt claims - I did not even know this was a thing! so that's going to be helpful. 

Thanks again for all of the advice - you've given me plenty of clarity. When i have any more updates, i'll update you.

[dx100uk]

you dont play letter tennis nor play your cards early.

think about it.....