Caesar UE Diary

[Caesar]

Hi guys, thank you all for your help and support. Last week I had the trial and as expected, I lost. I try to make a resume of what happened, maybe it would be helpful for someone.
Because of covid, it was a telephone hearing. The trial started 10 min late and all was very fast. First of all, the judge said he didn't have time to read the witness statements. For me, the outcome was obvious from the beginning, the judge asked to me if I agree with Uncle Buck debt, why I'm not paying it. And I told him because the Claimant didn't prove he owns the debt. But it was unimportant for him, the only thing that matters is the contract with Uncle Buck. He said said he doesn't know the laws regarding this, so it's on me to prove there is something wrong with it. And I should provide using examples from commercial law.
They had some mistakes in their paper, some reconstituted documents, with wrong date, or different format from the original one, but it was fine for the judge. I complained about UB sold the account without termination of contract or ND, and when I wanted to argue about the chain of assignments, the judge rushed me and he said there is no time and he has to make a decision.
The Claimant's solicitor didn't have too much clue about the debt, most of the times he said he is not aware of this, or doesn't know about what I asked but still in the end they won. I think a good solicitor will win easy against these bunch of amateurs.
The judge accepted all their request, and they added £200 on top of the claim which was less than £500. I requested 28 days to pay, but the judge said: ,,you don't need 28 days, 14 it's fine.'' My opinion was he treated me bad from the beginning until the end. Maybe he has his own reasons. I have to agree I lost because of me, I don't have the knowledge to win this, but his attitude disappointed me and he didn't give any chance.

He said to contact Perch Capital to make the payment asap. What should I do next? Contact Perch and tell them what? How should I make the payment and how to prove to the court this? Can someone please advice me what steps to take in order not get a ccj on my file?

[Colin G Quinn]

Hi Caesar,

I will email you shortly.

[Caesar]

Hi guys, I haven't posted any update for a long time, but I will do it soon. Before that, I have a question.
After more than 10 year living in the same place, I need to move out. I have a few accounts statute bared and others will be soon.

Can anyone advice what should I do in this situation? I have in my mind to update the address with every debtor, but I don't think as a very good idea, or to redirect all my letter to my address. But also not very good if I have to do it on long term because will cost me money.

At the moment I am not in danger to go to the court with any of my debts, but am I risking something if an account statute bared will go to court and I won't get the LoC or a County Court Claim?

I can't thank you enough for the help I received on this forum during the time. You guys are life savers.

[The Tech Clerk]

any bank etc you deal with will update credit records anyway, so up to you?

you could get a backdoor CCJ for old address if they say not known new address? mot suggesting you do what you think best sure others will comment also?

[Still Waving]

Hi guys, I haven't posted any update for a long time, but I will do it soon. Before that, I have a question.
After more than 10 year living in the same place, I need to move out. I have a few accounts statute bared and others will be soon.

Can anyone advice what should I do in this situation? I have in my mind to update the address with every debtor, but I don't think as a very good idea, or to redirect all my letter to my address. But also not very good if I have to do it on long term because will cost me money.

At the moment I am not in danger to go to the court with any of my debts, but am I risking something if an account statute bared will go to court and I won't get the LoC or a County Court Claim?

I can't thank you enough for the help I received on this forum during the time. You guys are life savers.

How often are you getting letters regarding your various individual accounts (both SB and non-SB)? How soon do you realistically estimate that your other accounts will be statute barred?

[The Tech Clerk]

If a creditor keeps contacting you about a statute barred debt after you've sent them the letter, you can complain to the creditor. If you're not satisfied with their response, you can complain to the Financial Ombudsman. Calls are free from mobiles and landlines.

[Pat]

Personally I would do a redirect and if you get a letter send a generic change of address . ‘ you wrote to me at x. In future please direct all correspondence to y’

There are pros and cons of each approach. Sorry I can’t say directly which is best

[Caesar]

Hi guys, thank you for your help during the time and sorry for not being active lately.

5. HSBC overdraft

• Type of account (overdraft)
• Date commenced (2011)
• Approx balance: over £6.000
• Date last paid beginning of 2022
• Not paying
• Status (default)
• Account owner (Lowell)

Lowell bought the account from HSBC and so far there was no communication between me and them. Just some standard letters from then and no reply from my side. But now offered me settle the account for 50% of the balance in 12 instalments. It's still quite a lot of money and I can't afford, but I see an opportunity here. Should I reply back with an counter offer like I could pay 25% of the balance in 12 month? Or should I wait for their next offer? If there will be any.

Another option would be to ignore and hope this would go SB, but there are still 3 more years until there.

Based on your experience and how Lowell is dealing with people, what is the best thing that I could do here.

[Dodger2]

Its a difficult one- maybe someone with more experience will come along

[Night Monkey]

Your call whether to accept/negotiate/ignore, but be aware that any contact from you will likely reset the statute barred clock - it will be difficult to argue down the line that offering to pay any part of a debt was not a de facto acknowledgement.

[stuckinarut]

Hi Caesar, I had an overdraft ( not with Lowell tho) mine was with Cabot UK, and they passed it about a few times, then it ended up back with them, they never offered me any discount other than £50 off, pretty generous ????? they thought ? they started to threaten the legal stuff, so I waited to time it right popped off the CCA Request, that stopped them in there tracks, they ended closing the account, However at no time did I offer ANY payment to them, So best of luck with your situation ?

[Kenny91]

Hi Caesar,

In case it helps, Lowell are widely said to be one of the more trigger happy DCAs when it comes to legal action, and also one of the tightest when it comes to settlement offers.

I've had some discount offers past few months which have steadily gone up by 10% a time, so you might well get 60% or even 70% if you sit tight.

They own three of my credit card debts, one of which they've already failed with when it came to legal action due to lack of paperwork.

I feel there must be something wrong with the paper trail of the largest debt given they've not pursued it, probably something that saw me get a random cheque from the card issuer a few years back out of the blue for some error they never disclosed and I was never aware of.

Personally, I wouldn't do anything for now, especially as with fiscal year end in early April they are likely to try and get as many people to settle in Q1 2025 to make their books look better/hit bonus targets etc.

Off the top of my head, I was first offered three months to settle with the discount offer, which they then increased it to 12 months.

Without the paperwork to hand right now, I don't think there was any deadline/date included on the offers letters, which makes me wonder what would happen if they tried legal action and then one decided to accept the offer further down the line.

If the offer was then withdrawn, I'd imagine the FOS would be interested, just defending a complaint would cost them well over a grand in FOS case fee costs regardless of outcome...

Best of luck!

K91

[Caesar]

Hi guys, thank you so much for help.

Hi Caesar,

I feel there must be something wrong with the paper trail of the largest debt given they've not pursued it, probably something that saw me get a random cheque from the card issuer a few years back out of the blue for some error they never disclosed and I was never aware of.

Personally, I wouldn't do anything for now, especially as with fiscal year end in early April they are likely to try and get as many people to settle in Q1 2025 to make their books look better/hit bonus targets etc.

K91

Kenny91 I've also had some cheques from HSBC around £5-600 for some error they never disclosed. I was surprised they sent out the cheques instead of using the money to clear the balance. I hope Lowell is aware of this.

Just remembered that I had another account with Lowell and they ask me to pay it, but without telling them anything, they realized it's SB and sent out a letter regarding the closure of my account.