Urgent Help!!

[LAN01]

In March this year I CCA'd Legal and Trade Collections re 2 outstanding debts with HSBC. They failed to supply any documentation within the statutory timescales and so I wrote to them requesting that they remove all adverse comments from my credit files etc.

 

I received a letter from them informing me that they had transferred the matter back to their client and on receipt of their comments would be back in touch to advise accordingly.

 

Today I have recieved a letter and Statutory Demand under section 268(1) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately. It was sent via 2nd class post and the creditor is named as Lowell Portfolio 1 Ltd.

 

There is no court details on this document, no court stamp etc. and it is dated 14/6/2007.

 

On the paper work they have stated that they bought the debt from HSBC on the 11 May 2006.

 

Any advice on how to respond to this greatly appreciated.

 

Lan

[Curlyben]

Looks like you are being moved around all the DCA's.

 

Well time for another CCA to Lowell, sent recorded of course.

Stat Demand via second class post seems to be one of their weapons of choice.

It's complete cobblers of course.

[LAN01]

If I CCA Lowells is that not acknowledging receipt of their SD?

[Curlyben]

Doesn't matter as this "SD" is completely illegal anyway.

 

Obviously use the normal header for the CCA request:

"I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" in Big Bold letters.

[borisbeaver]

It's a scare tactic. CCA them and they usually back down.

[LAN01]

Just an update.

 

I have received a response to my CCA request from Lowell's. What they have sent is is as follows:

 

Covering letter:

 

Dear Mrs XXXXX

We enclose copy of the original paperwork we have been provided by HSBC Bank plc in response to your written request to us under Section 78 (1) of the Conusmer Credit Act 1974.

We would also confirm the following information as required by the above Act:-

Balance payable against your account : £4030.45

Current state of you account : Defaulted

We look forward to your proposals for re-payment within the next seven days.

 

 

The documentation that they have have sent is:

 

A copy of a letter from Churcwood Financial dated 8 October 2002 requesting account details on my husband. The letter states that they had been instructed by my husband to assist him in relation to his financial problems etc. Also attached is a signed client authority dated 1 Sep 2002 which both my husband and I had signed.

 

The third document that Lowell sent is a response from HSBC to Churchwood giving them details of my bank account, status and amounts but also informing them that the loan is up to date.

 

Definately no CCA, statements or any other documentation in relation to old HSBC accounts.

 

Furthermore we did not go ahead with Churchwood as the charges for the service were ridiculously high.

 

As the letter from Churchwood to HSBC was in respect to my husband's accounts does this not breach the data protection act as well as making the debt unenforceable?

 

Also as they cannot supply a CCA can I insist that the default is removed?

[powelll]

If they have passed the 12 working days from when you initially req CCA they are in breach of CCA74 regs so should not pursue you until they comply. If a further 30 days ( not working days though ) has passed then they commit a criminla offence and I would contact Trading Stds.

 

If they have no CCA then they should not be processing your info for cred ref purposes so yes you can ask that the default be removed. If you have a problem with this ( cred ref agencies won't do this unless instructed by the creditor ). Then it would be complaint via the Info Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: [email protected]

Website: www.informationcommissioner.gov.uk