Tweet
Hello :-)
As a newbie to the forums, hope to get some good advice and learn some more about law in regards to debt as I go along.
Before I ask some questions, some background information might be useful.
I opened a Halifax current account in 2000 and was asked if I wanted a credit card. I explained that although I worked with my partner in his business, I didn’t have a job in my own name with his company. The woman said that was no problem and went on to ask if I was insured if I lost my job. I told her no. She spoke about insurance for stolen cards, insurance in the event of accidents, health insurance and insurance while travelling abroad as well as insurance if I lost my job. I agreed to the insurance and she set up payment protection insurance for these things.
Around the autumn of that year, I went into the bank and told them my circumstances had changed and I might have to close down the credit card. They said as my payments were kept up to date there wasn’t a problem. PPI wasn’t mentioned and there were more pressing matters needing action.
On December 2001, I was in a car accident struck from behind while stationary at traffic lights. Hospital x-rayed my neck due to suspicion it was broken and that was the only medical help I got bar some painkillers. My GP refused to acknowledge there had been a car accident and I was left to fend for myself. It took months for me to walk and put in my claim for PPI thinking it would cover the cost of medical investigations into my health. This was to be the first of many claims for PPI all of which were ignored/received no response.
It was only when I managed to walk into the local branch in 2002 with the help of a family member did I begin to get some answers. A nice bank representative could not believe my situation and took me to an office in the back where she rang up the credit card company (I think they were in Ireland) demanding to know what was happening to my claims. They denied knowledge of all claims and said they would send me a claim form, which they duly did after some prodding.
This resulted in them denying me on the grounds I wasn’t working as working with my partner at his company did not constitute a legal definition of work and therefore could not have payments made. I asked about medical help but that was never part of the insurance I was told. I told them to stop PPI payments and disputed their findings because they had sold me insurance I could never use. They continued taking payments for several months before eventually selling the debt to a debt collection agency.
Letters went back and forth and I had a mental breakdown whereby older members of the family stepped in and took control getting me compensation for the car accident to help offset some debt as well as getting me registered under a new GP.
It’s been a long battle but I am almost capable of functioning on a better level and also now in receipt of hospital investigations so I hope to be able to deal with the debt collection once and for all.
The debt collectors are Lowell Financial Limited and their solicitors Bryan Carter Ltd threatening to take me to court. The debt is apparently for £4300.00
These people seem to start up every couple of years with phone calls from 6am to 9pm with automated voices, belligerent attitudes whenever I do speak with them to ask them to send me details of the debt and constant threats of legal action.
In one phone call last year, I spoke with a male who admitted he didn’t know where they bought the debt from but did say £12.00 payment from me was put on the debt around 2007.
I am unsure if this is true as I do recall telling a female telephone caller that I wanted to have them disclose all details about the debt and told her I was sending them an SAR but not sure if I did or whether I just paid some money on it.
The computer I used at the time that would have these details may not be available for me to check although I have begun searching for all paperwork to the debt including correspondence with the bank from the year 2000. I know I sent an SAR to Halifax around 2002/2003 and felt the agreement they gave was not a true copy but had no one to advise me before illness took over completely.
So now I am researching the law and trying my best to understand what to do.
Am I right in thinking that I should first send them a letter asking them to prove they have a debt in the first instance?
My thinking is that this will give me time to keep searching for paperwork as well as see if I can get hold of the hard drive I used when dealing with these people before.
Do I send another SAR to the bank to establish dates of PPI payments in case I can’t find the paperwork? I’m not even sure they will have kept them.
Also, regarding the act of the bank selling the account which included amounts of PPI and charges added after being told to stop PPI - does this constitute as fraud?
From what I understand of the term, fraud is when someone or something (a company for instance) benefits from a fraudulent act (selling an account to which has been added PPI payments and charges after being told to stop) or am I missing relevant facts as to why this could never be constituted as a fraudulent act?
I’d welcome advice on the situation as well as any pointers in the legalities, thank you.
As a newbie to the forums, hope to get some good advice and learn some more about law in regards to debt as I go along.
Before I ask some questions, some background information might be useful.
I opened a Halifax current account in 2000 and was asked if I wanted a credit card. I explained that although I worked with my partner in his business, I didn’t have a job in my own name with his company. The woman said that was no problem and went on to ask if I was insured if I lost my job. I told her no. She spoke about insurance for stolen cards, insurance in the event of accidents, health insurance and insurance while travelling abroad as well as insurance if I lost my job. I agreed to the insurance and she set up payment protection insurance for these things.
Around the autumn of that year, I went into the bank and told them my circumstances had changed and I might have to close down the credit card. They said as my payments were kept up to date there wasn’t a problem. PPI wasn’t mentioned and there were more pressing matters needing action.
On December 2001, I was in a car accident struck from behind while stationary at traffic lights. Hospital x-rayed my neck due to suspicion it was broken and that was the only medical help I got bar some painkillers. My GP refused to acknowledge there had been a car accident and I was left to fend for myself. It took months for me to walk and put in my claim for PPI thinking it would cover the cost of medical investigations into my health. This was to be the first of many claims for PPI all of which were ignored/received no response.
It was only when I managed to walk into the local branch in 2002 with the help of a family member did I begin to get some answers. A nice bank representative could not believe my situation and took me to an office in the back where she rang up the credit card company (I think they were in Ireland) demanding to know what was happening to my claims. They denied knowledge of all claims and said they would send me a claim form, which they duly did after some prodding.
This resulted in them denying me on the grounds I wasn’t working as working with my partner at his company did not constitute a legal definition of work and therefore could not have payments made. I asked about medical help but that was never part of the insurance I was told. I told them to stop PPI payments and disputed their findings because they had sold me insurance I could never use. They continued taking payments for several months before eventually selling the debt to a debt collection agency.
Letters went back and forth and I had a mental breakdown whereby older members of the family stepped in and took control getting me compensation for the car accident to help offset some debt as well as getting me registered under a new GP.
It’s been a long battle but I am almost capable of functioning on a better level and also now in receipt of hospital investigations so I hope to be able to deal with the debt collection once and for all.
The debt collectors are Lowell Financial Limited and their solicitors Bryan Carter Ltd threatening to take me to court. The debt is apparently for £4300.00
These people seem to start up every couple of years with phone calls from 6am to 9pm with automated voices, belligerent attitudes whenever I do speak with them to ask them to send me details of the debt and constant threats of legal action.
In one phone call last year, I spoke with a male who admitted he didn’t know where they bought the debt from but did say £12.00 payment from me was put on the debt around 2007.
I am unsure if this is true as I do recall telling a female telephone caller that I wanted to have them disclose all details about the debt and told her I was sending them an SAR but not sure if I did or whether I just paid some money on it.
The computer I used at the time that would have these details may not be available for me to check although I have begun searching for all paperwork to the debt including correspondence with the bank from the year 2000. I know I sent an SAR to Halifax around 2002/2003 and felt the agreement they gave was not a true copy but had no one to advise me before illness took over completely.
So now I am researching the law and trying my best to understand what to do.
Am I right in thinking that I should first send them a letter asking them to prove they have a debt in the first instance?
My thinking is that this will give me time to keep searching for paperwork as well as see if I can get hold of the hard drive I used when dealing with these people before.
Do I send another SAR to the bank to establish dates of PPI payments in case I can’t find the paperwork? I’m not even sure they will have kept them.
Also, regarding the act of the bank selling the account which included amounts of PPI and charges added after being told to stop PPI - does this constitute as fraud?
From what I understand of the term, fraud is when someone or something (a company for instance) benefits from a fraudulent act (selling an account to which has been added PPI payments and charges after being told to stop) or am I missing relevant facts as to why this could never be constituted as a fraudulent act?
I’d welcome advice on the situation as well as any pointers in the legalities, thank you.
,
Comment