Night Monkey's diary

[Night Monkey]

Happy New Year, everyone.

Nothing bar generic letters and texts recently, although I expect that to change once we get within shouting distance of SB, which is currently a year and a bit away. However, I do have a brief snippet to discuss which I think sheds light on what I would regard as the almost (?) perverse world view of the debt industry.

We have recently been in the fortunate position to be able to finally pay off our mortgage, which is obviously a huge life milestone - we've been paying one for thirty five years after all. All thanks to my wife's pension lump sum, so it's nice to know that there's something we did right when it came to money.

As a result I've been watching my credit file with interest, waiting for that debt to be flagged as paid, which it duly was. And what do you know, my credit score took a massive hit with the attendant advice that 'a secured loan positively impacts your credit score'.

Now I don't normally put much stock in the 'score', but I would have though common sense dictates that paying a loan is a positive, who knew it would be a Bad Thing?

[Night Monkey]

Hopefully the next 3/4 months will fly past, and all dropped off

That's the next milestone, then all being well a quick sprint to SB in March '26. How time flies .

[stuckinarut]

Hopefully the next 3/4 months will fly past, and all dropped off

[Night Monkey]

The slightest of updates.

All bar the HSBC overdraft have now dropped off my credit file, this being the most recently defaulted in February 2019 so hopefully only three months or so until this one goes too. Annoyingly it appears twice (with differing amounts), last updated by HSBC in April '19 and by Lowell in July '23. I'm not minded to address the double entry given that time should sort it out soon enough, and I don't want to risk restarting the SB clock.

Other than that, all's quiet.

[Roger]

At this point in time Lowells are up a gum tree aren't they!
The Truth is simple Sold Whilst in Dispute ie HSBC had failure to respond to the S.78 (they received that request and sent back the statutary monies (sic Postal Order) doesn't matter whether the letter was hand written or otherwise it came from HSBC)
The DSAR no CCA
Overdales might not have been sent a Statutary S.78 (because of the missing £1) . At one time we would have sent the Sold Whilst In Dispute to Lowell.
But you have the evidence! Keep this very safe!

[Dottir]

Night Monkey

As I am sure you know Overdales are being a tad disingenuous here. They are part of Lowells. Well to be exact the people who own Lowell also own them. They pretend to be a third party but I think we all know they are not.

It used to be Lowell Solicitors but they ceased practicing 31st March 2024

Just for further reference they used to be called Lucas credit services

[Roger]

Me too, actually. All things considered I think I'm in as good a place as I can hope for at the moment, I'm just hoping for a quiet run to SB status next April but I think that might be a touch optimistic .

About Us (overdales.com)
Overdales Legal Limited is a specialist law firm, regulated by both the Solicitors Regulation Authority and the Financial Conduct Authority, providing debt recovery and litigation services to a number of Clients across the UK.

In March I received the results of that request, a package purportedly containing the terms and conditions, a statement of account and a default notice. It also stated that 'unfortunately we have been unable to obtain a copy of the credit agreement' and that the matter has been referred back to their client.

Silence is golden!!

[Dottir]

Me too, actually. All things considered I think I'm in as good a place as I can hope for at the moment, I'm just hoping for a quiet run to SB status next April but I think that might be a touch optimistic .

Well - How do you eat an elephant? One bite at a time ...so just take it one day at a time and fingers crossed.

I think some debt purchasers try to rattle people into starting to pay and probably 9 times out of 10 it works- or even 99 times out of 100. I know I had default CCJ's back in the 1990's because I just did not know what to do and it was really before the internet was widespread. Dial up which messed up your phone line.

Very good luck to you

[Night Monkey]

I think that is brilliant news.

Me too, actually. All things considered I think I'm in as good a place as I can hope for at the moment, I'm just hoping for a quiet run to SB status next April but I think that might be a touch optimistic .

[Dottir]

Thanks for all the comments.

I have the results of a GDPR request to HSBC from last year when Lowell came on the scene, and there is a default notice but no CCA. I'm aware that this won't include any correspondence with Overdales but I'm minded to leave things as they are for the moment, I can always revisit that should things escalate.

And I have discussed this with JCS who suggested that I did not reply to the LBA; on this occasion I chose a different path and asked for documentation, resulting in the Overdales / HSBC conversation. Hopefully that will put things to bed, but we'll see. For the moment Lowell seem to have reverted to the standard requests that I get in touch.

I think that is brilliant news. You sent a request under GDPR and they did not (or could not) send a copy of the agreement. That would suggest to me they do not have one. Your recollection about it all being done over the phone is also good- AND you can explain why you remember- because they suggested something a little out of the ordinary.

Please do keep us in the loop if they write back to you. I have everything crossed for you.

[Night Monkey]

Oh, and Roger - thanks for the link to the Lowell post from Colin, I'd missed that.

[Night Monkey]

Thanks for all the comments.

I have the results of a GDPR request to HSBC from last year when Lowell came on the scene, and there is a default notice but no CCA. I'm aware that this won't include any correspondence with Overdales but I'm minded to leave things as they are for the moment, I can always revisit that should things escalate.

And I have discussed this with JCS who suggested that I did not reply to the LBA; on this occasion I chose a different path and asked for documentation, resulting in the Overdales / HSBC conversation. Hopefully that will put things to bed, but we'll see. For the moment Lowell seem to have reverted to the standard requests that I get in touch.

[Roger]

It is great that you can evidence sending of the S78 request

It is possible that sending a DSAR will bring up details of the DN as well as possibly the agreement or at least details of how you applied for it.

I hope they let it drop but if not, talking to a solicitor might be a good idea.

I strongly suggest having no further contact with Lowell nor Overdales
The thinking is on receipt of a LBC to take up offer of an initial free interview with JCS before requesting various documents
the thinking is not to encourage the DCA or their Solictors to get their ducks in a row!

IRON MOUNTAIN and HSBC also comes to mind!

This is behind a good diary and the timing of a DSAR after this response from Overdales.

But there is More its in your Diary Account owner - Lowell Portfolio I Ltd ('Lowell')

See here Colin G Quinn
https://all-about-debt.co.uk/forum/d...ca#post1549869

[Dottir]

It was indeed to HSBC.



It was blank - I was able to use a postal order returned from an earlier different request



I still have a copy of the request and a proof of delivery (signed for by ‘Wayne’, apparently). It’s just that their only response was to return it without comment.



I didn’t - it was a response to an LBA so I didn’t think it necessary.



I recall arranging for the card over the phone because I remember the part of the conversation where I was told I qualified for a gold one; I presume that I was subsequently sent the paperwork to sign but can’t be sure - sadly my records are not to that standard :-)



That’s what I’m hoping for.

And finally, the above few interactions are exactly why I joined and stayed a member of this site, hopefully we’re on a return to the good old days.

It is great that you can evidence sending of the S78 request

It is possible that sending a DSAR will bring up details of the DN as well as possibly the agreement or at least details of how you applied for it.

I hope they let it drop but if not, talking to a solicitor might be a good idea.

[Dottir]

Those older CCA contracts have all sorts of issues especially over terms.
But you can either sit and wait OR send HSBC a DSAR because this covers the Overdales period doesn't it!
Find out what HSBC have or have not got on record is always wise at this stage.
Remember letter was sent recorded delivery and the request plus postal order was sent back the presumption is from the person address to!
Don't over think this!
Its the Claimant that has to prove their Case.

I would send a DSAR to HSBC (recorded delivery no need for £1)

If I have read the diary correctly, Overdales only became involved once it was sold to Lowell

I do think that a DSAR to HSBC might be useful

Indeed the claimant has to prove their case on the balance of probabilities