poppy55 Vs Lowells (HSBC)

[poppy55]

Hello all, my first post here. I need some advice on the next steps to take in my case. I’ve reading solidly for the last day and a half and there is almost too much good advice.

 

Right where I am now…

Received a letter from Lowells (5 days ago), saying in summary that my HSBC account had just been sold to them. They have been appointed as “ the duly authorised collection agents for recovery of the outstanding balance”

The letter had an account reference that I don’t recognise (looks like a credit card number) and their reference.

 

Received a letter Red Debt Collection Services (a “trading style”!! of Lowells) today.

This said that they have been “appointed the duly authorised collection agent for Lowells”

 

The background to this…

I did have a HSBC student account (opened in 1997). This came with a combined (visa & Mastercard) credit card.

I was in serious financial trouble in 1999 and when I moved house I “forgot” to tell them (looking back I ain’t proud of this!!).

1999 was the last I heard from HSBC until 5 days ago.

 

The sum of the debt (being chased by Lowells) isn’t enough to cover the overdraft I had but is about the right amount for the credit card. So I’m assuming the debt in question is for the credit card (only).

 

Following what I’ve read in here my first steps would be to write the CCA letter, asking for a copy of the agreement.

 

My questions are many but the main ones...

1) My rights to see the credit agreement only applies to the Credit card and not the Overdraft, is this right?

2) How do I know that Lowells have “bought” my debt? Can I ask them to provide some proof?

3) It looks likely that the debt is older than 6 years. I think there is little chance anything has been paid in that period and I’ve had no contact. Does that mean its Statute Barred? How would I prove that? Statements? How do I get hold of them?

4) Assuming the “Statute Barred” defence is right for me & I go for it. Would anything go on my credit record?

 

I’m sure I’ll have some more thoughts in the morning.

 

Thanks in advance for all your help.

[rory32]

1) My rights to see the credit agreement only applies to the Credit card and not the Overdraft, is this right?

 

No. An overdraft has exemptions from sections of the Act but is not exempt.

 

2) How do I know that Lowells have “bought” my debt? Can I ask them to provide some proof?

 

They need to provide you with a Notice of Assignment.

 

3) It looks likely that the debt is older than 6 years. I think there is little chance anything has been paid in that period and I’ve had no contact. Does that mean its Statute Barred? How would I prove that? Statements? How do I get hold of them?

It's not necessarily statute barred as you moved without telling them.

 

I think your initial approach should be:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Do not sign.

[rory32]

Also I can't read your attachment as the definition is too low. Have you tried using photobucket and importing it that way?

[make them aktiv runners]

The 6 years would start from the date a judge would deem it reasonable for them to have traced you.

 

The last payment was over 6 years ago so that will not be on your credit report, but as there is a balance outstanding there may still be an entry showing the balance.

[poppy55]

The 6 years would start from the date a judge would deem it reasonable for them to have traced you.

 

Sounds like I've not got much choice but to find the cash from somewhere and pay up.

[clutchingatstraws]

Ignore it

 

When the next one comes send it back not known at this address.

 

And the rest do the same.

[poppy55]

Ignore it

 

When the next one comes send it back not known at this address.

 

And the rest do the same.

 

I'm uncomfortable with doing nothing... don't want this thing to snowball.

 

How does this sound as a game plan...

1. Send a CCA request letter.

- See if there is anything on there.

- If it comes and is all in order...

2. S.A.R - (Subject Access Request) Look at whether it is Statue Barred.

- Do I send that to the original bank or Lowells?

3. I'll think about step 3 if I get there....

 

Thanks for everyone’s help. Places like this restore your faith in humanity.

[make them aktiv runners]

Sounds like I've not got much choice but to find the cash from somewhere and pay up.

 

It is a judge who would decide not a DCA/HSBC. You moved in 1999 and they had access to your credit file to trace your current address. Once your credit file has been updated to show a link to your old and current address, they have no real excuse. Your credit file would have been updated with the address change for many reasons, eg you told an existing creditor, you took out further credit, you appeared on the elctoral register.