GlennBaker vs Lowell Portfolio (HBOS)

[GlennBaker]

Good afternoon everyone,

I had a credit card with Halifax and made a CCA s78 request on 10 December 2010 which was sent Recorded Delivery. I never received a reply so stopped paying and advised them I was disputing the debt. Very little from them since until recently, when I started getting communication from Lowell Portfolio. I wrote advising the account was in dispute and they said they would try and obtain the documentation. Finally, I received a letter dated 9 October 2013 along with a copy of the original application form, T&C's and statements up to the point of default.



Niddy has had a look at the docs and, whilst there are a few errors, these can easily be remedied so we're looking at an agreement that is so I'm looking for advice on how to proceed. I should point out that I have been getting 1 or 2 calls per day on my mobile from Lowell along with an automated voicemail message, despite already requesting my phone number be removed from their records and they only communicate with me in writing.

I'm obviously concerned that they could spring some sort of legal action on me but wondered if it was worth using some stalling tactics? I don't have any sort of lump sum to be able to offer a settlement.

Thanks all.

[MrsD]

Re: GlennBaker vs Lowell Portfolio (HBOS)

what were the errors?

[GlennBaker]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Here is the exact text from the solicitor whom Niddy asked for their opinion:

The first thing to note is that it is from 2009 so falls under the amended 1974 Act although for s78 or 87 this won’t make any difference if that is our only challenge. It’s too young a debt to be statute barred.

There is only 1 set of T&Cs so unless there have been no variations since 2009 then they haven’t satisfied the s78 request.

I didn’t see a Notice of sums in arrears anywhere.

Given the amount at stake and the paperwork that has so far been sent I reckon it’s too risky to fight and he should try to settle. Even if there was no Notice of sums in arrears that can be fixed fairly easily.

Is there a Default Notice anywhere? I’ve not seen that but again as it’s pre-issue they can just send another one to him if the previous one was defective.

[MrsD]

Re: GlennBaker vs Lowell Portfolio (HBOS)

I'd blag it with http://www.all-about-debt.co.uk/old/...escribed-terms and keep a close eye on it, give you time to save for a F&F and they may just piss off, you can never tell.

[GlennBaker]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Thanks MrsD. Would you recommend sending the letter re telephone harassment too?

[Never-In-Doubt]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Yea merge the two mate

[GlennBaker]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Reply received today from Lowell:

[MrsD]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Personally I would do a one liner and refer to your prescribed terms letter

there aren't any actual threats in that letter so might be worth a punt

so

Dear Sirs

Account no blah blah blah

I am in receipt of your rather surprising letter of blah blah, may I refer to my letter of blah blah and note that my concerns raised therein have not been addressed.

Yours faithfully

Glen

Just keep an eye out, they can be seen off but can be quick with the papers, but no threats there yet.

[ATW]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Their client can send them anything they want. Its what gets sent to you that is important for s78. The only opinion on what is and what is not a true copy that matters is that of a judge. Using a credit facility has no bearing over whether it can be recovered by a creditor. Its a relatively new agreement so the odds are they will find what they need. You are post 2006 Act changes so I reckon your best bet is to make em an offer to get rid of the problem on terms you and they are happy with.

[PlanB]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Its a relatively new agreement so the odds are they will find what they need. You are post 2006 Act changes so I reckon your best bet is to make em an offer to get rid of the problem on terms you and they are happy with.

You say this account was opened in 2009 so playing the UE card (based on s.78 failures) was probably not an option. Since you are a homeowner with a risk of getting a statutory demand from Lowells (it's what they do ) then I think you should definitely listen to Andrew's advice on this one.

[GlennBaker]

Re: GlennBaker vs Lowell Portfolio (HBOS)

Just a little update: I did send them a "you haven't addressed the issues in the previous letter" communication and got a reply that said all was in order. They did mention that they would be willing to accept £15 per month so I agreed as I really did not want an SD from them.

Many thanks to you all.