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  • Cowbopper UE Diary

    As a bit of background, I was made redundant in 2012 and we very quickly fell into persistent arrears around 2013. Defaults were issued and we entered into a DMP in 2013 but this was cancelled by Stepchange in 2018. No payments have been made since. Defaults are now dropping off credit files which is great but some legal threats are beginning to materialise and some inaccuracies in credit files. Appreciate all the support any of you guys give and a massive thanks to Di for getting me started.

    I've included all the dates of letters etc that I have in my possession.

    1. CAPITAL ONE CREDIT CARD


    Date commenced March 2010
    Approx balance 1100
    Date last DMP payment June 2018.
    Last Full payment approx March 2013
    Default: September 2013
    Account owner: Lowell Portfolio 1 Ltd
    Notes: Lowell sometimes send letters which also include debt 2.
    ACTIONS:
    Send S.78 after receipt of SAR


    03/03/2018: Cap 1 Statement of activity
    18/07/2018: Cap 1 We have not received your DMP payment letter
    03/09/2018: Cap 1 Statement of activity
    03/09/2018: Cap 1 Please contact us letter
    10/06/2019: Cap 1 advise of change of ownership to Lowell portfolio I ltd
    10/06/2019: Lowell welcome letter
    25/06/2019: Lowell please contact us letter
    10/07/2019: Lowell please contact us letter
    25/07/2019: Lowell Assessing your account for legal action letter
    27/08/2019: Lowell Pre Legal Assessment letter
    24/10/2019: Lowell Annual Statement
    21/11/2019: Lowell Solictors send notice of acting
    30/11/2019: Lowell Solicitors Letter of claim received
    17/12/2019: Lowell Solicitors response to letter requesting documents
    20/12/2019: Lowell Solicitors Confirm receipt of response to Pre action letter. The letter includes copies of: Notice of assignment and Notice of acting
    26/02/2020: Lowell Solicitors Account update: Advise client is continuing to compile a response
    27/03/2020: Lowell Solicitors Account update: Advise client is continuing to compile a response
    21/04/2019: Lowell Solicitors have provided: a copy of the agreement; statement from the original creditor (which they advise will arrive in parts because of size); No default notice was included, and they confirm they are unable to obtain a copy. They advise the account defaulted in September 2013
    15/05/2020 SAR sent to Capital One

    2. CREATION CREDIT CARD

    Approx. Sep 2011
    Balance 4700
    Date of last full payment:
    Stopped paying DMP in June 2018
    Account Owner: Lowell Portfolio 1 Ltd
    NOTES:
    1. Lowell send letters for this debt and debt 1 together.
    2. On credit file (Equifax) this is reported as a credit card from Lowell Portfolio 1 ltd. Last updated in December 2018, reporting missed payments in the 5 months prior to this, no default date recorded here. Since been updated and the missed payments have been deleted and they have registered a ‘new’ default.

    ACTIONS


    17/03/2017: Lowell Annual Statement
    26/01/2018: Lowell Annual Statement
    20/08/2018: Lowell Please contact us letter
    20/08/2018: Lowell Annual Statement
    10/09/2018: Lowell weve not received from your DMP letter
    01/11/2018: Lowell please contact us letter
    29/11/2018: Lowell Threat of default notice
    10/07/2019: Lowell please contact us letter
    25/07/2019: Lowell Assessing your account for legal action letter
    27/08/2019: Lowell Pre Legal Assessment letter
    29/11/2019: Lowell 50% discount settlement offer letter
    16/01/2020: Lowell 60% discount settlement offer letter
    20/05/2020: SAR sent to original creditor
    23/05/2020: Lowell update credit file and register a new default date
    05/06/2020: S.78 sent to Lowell

    3. HSBC CREDIT CARD ACCOUNT 1

    Approx opening 2009
    Balance 1575
    Date of last full payment: October 2012
    Default: August 2013
    Stopped paying DMP in June 2018
    Account Owner: Cabot Financial (UK) Limited
    ACTIONS:
    Await SAR

    21/05/2014: Metropolitan offer accepted of payment via DMP
    20/08/2018: HSBC your repayments are in arrears letter
    30/08/2018: HSBC Please contact us letter
    30/10/2018: HSBC Your account being referred to Moorcroft letter
    31/10/2018: Moorcroft welcome letter
    17/01/2019: Moorcroft discount offer
    11/02/2019: Moorcroft please contact us letter
    02/04/2019: CSL Notice of further action letter
    28/06/2019: CSL Final Notice letter
    30/12/2019: HSBC confirming sale of account to Cabot Financial (UK) Limited
    30/12/2019: Cabot Welcome letter
    17/01/2020: Cabot please contact us letter
    15/02/2020: Cabot 20% discount offer
    18/03/2020: Cabot threat of legal action
    29/03/2020: Cabot threat of legal action
    14/04/2020: Cabot account being passed to solicitors
    23/04/2020: Cabot account being passed to solicitors
    27/04/2020: Mortimer Clarke Solicitors asking me to contact to discuss account
    13/05/2020: Call from MC, voicemail left asking me to make contact.
    14/05/2020: Call from MC, voicemail left asking me to make contact.
    19/05/2020: Call from MC, voicemail left asking me to make contact.
    20/05/2020: Call from MC, voicemail left asking me to make contact.
    20/05/2020: SAR sent to original creditor
    26/05/2020: Text from MC regarding a letter
    28/05/2020: Text from MC regarding a letter
    01/06/2020: Text from MC regarding a letter

    4. HSBC CREDIT CARD ACCOUNT 2

    Approx. 2009
    Balance 4800
    Date of last full payment: October 2012
    Default: Aug 2013
    Stopped paying DMP in June 2018
    Account Owner: Cabot Financial UK Limited or Europe (unclear)
    ACTIONS:
    Await SAR

    23/05/2014: Metropolitan offer accepted of payment via DMP
    21/11/2017: HSBC confirming sale of account to Cabot Financial (UK) Limited
    11/08/2018: Cabot your repayments are in arrears letter
    01/09/2018: Cabot welcome letter
    18/09/2018: Cabot please contact us letter
    04/10/2018: Cabot please contact us letter
    12/10/2018: Cabot Statement of account
    22/10/2018: Cabot please contact us letter
    08/11/2018: Cabot please contact us letter
    06/12/2018: Cabot We've traced you to this address letter
    07/01/2019: Cabot please contact us letter
    16/02/2019: Cabot please contact us letter
    03/03/2019: Cabot threat of legal action
    21/03/2019: Cabot referring to Mortimer Clarke
    22/03/2019: Mortimer Clarke send Pre Action letter
    29/03/2019: CCA request made
    03/04/2019: CCA acknowledged and confirmed action ‘on hold’
    20/05/2020: SAR sent to original creditor

    No further communication

    5. HSBC ‘Combined’ Joint Current Accounts x 2

    This is a peculiar debt as it is made up of 2 different joint current accounts that have been put together

    Approx. Aug 2007
    Balance 1130
    Default October 2013
    Stopped paying DMP in June 2018
    Account Owner: Cabot Financial (Europe) limited
    NOTES: These started as 2 separate accounts that have been amalgamated into one. Both accounts were joint so we both have received letters regarding this.
    ACTIONS
    Await SAR

    23/05/2014: Metropolitan accept offer of payment via dmp
    22/11/2017: HSBC sale of account to CabotFinancial (UK) limited
    22/11/2017: Cabot Welcome letter
    24/08/2018: Cabot Payment not received from DMP letter
    23/11/2018: Cabot Please contact us letter
    23/12/2018: Cabot Please contact us letter
    28/01/2019: Cabot Please contact us letter
    12/02/2019: Cabot Please contact us letter
    02/03/2019: Cabot Please contact us letter
    29/05/2019: Debt Managers (services) Ltd Please contact us letter
    20/06/2019: Debt Managers (services) Ltd Please contact us letter
    23/07/2019: Debt Managers (services) Ltd Discount offer letter
    13/12/2019: Cabot we’ve found your new address letter
    06/01/2020: Cabot we’ve found your new address letter
    21/01/2019: Cabot Your new reference number (joint account holder) letter
    13/02/2019: Cabot Please contact us letter
    23/03/2020: Cabot Please contact us letter
    20/05/2020: SAR sent to original creditor

    6. HSBC (FIRST DIRECT) JOINT CURRENT ACCOUNT OVERDRAFT 1

    Opened Approx. Dec 2012
    Balance 175
    Date of last full payment: Dec 2013
    Default: Aug 2014
    Stopped paying DMP in June 2018
    Account Owner: HSBC (CSL)
    ACTIONS
    Await SAR

    02/08/2018: Wescot No payment received from DMP letter
    17/08/2018: Wescot No payment received from DMP letter
    05/11/2018: CSL Tracing letter
    12/11/2018: CSL notice of instruction letter
    03/12/2018: CSL Notice of further action letter
    20/05/2020: SAR sent to original creditor


    7. HSBC (FIRST DIRECT) JOINT CURRENT ACCOUNT OVERDRAFT 2

    Opened Approx. Jan 2008
    Balance 440
    Default: Aug 2013
    Stopped paying DMP in June 2018
    Account Owner: HSBC (Wescot)
    ACTIONS
    Await SAR

    Jan 2014: Last known contact from Westcot
    20/05/2020: SAR sent to original creditor


    8. AQUA

    Approx. October 2012
    Balance 140
    Date of last full payment:
    Stopped paying DMP in June 2018
    Account Owner: Lowell Portfolio 1 Ltd
    ACTIONS:

    26/09/2014: Letter of assignment to Lowell Portfolio 1 Ltd
    26/09/2014: Lowell introduction letter
    22/03/2018: Annual Statement
    22/08/2018: NCO Resolve Please contact us letter
    24/09/2018: Annual Statement
    24/09/2018: Please contact us letter
    10/10/2018: Please contact us letter
    25/10/2018: Please contact us letter
    26/11/2018: 30% discount offer
    27/12/2018: 50% discount offer
    12/02/2019: 50% discount offer
    23/10/2019: 60% discount offer
    30/01/2020: Please contact us letter
    12/02/2019: 50% discount offer


    9. CAPITAL ONE CREDIT CARD ACCOUNT 2

    Approx. 2010
    Balance 620
    Date of last full payment:
    Stopped paying DMP in June 2018
    Account Owner: PRA Group (UK) Limited
    ACTIONS:

    03/09/2018: C1 request for payment
    23/10/2019: PRA We’ve been given this address letter
    12/11/2019: Reduced Settlement, please contact us letter

    No further contact to date


    10. SAINSBURYS LOAN

    Approx. Nov 2009
    Balance 2750
    Date of last full payment:
    Stopped paying DMP in June 2018
    Account Owner: Intrum UK Finance Limited
    NOTES: Intrum completed a hard search for debt collection on my credit file in March 2020
    Listed as unenforceable as Intrum UK Finance Limited are not authorised by the FSA, as per advice from Jo Connolly's thread.
    ACTIONS
    Await SAR

    27/11/2014: Annual Statement
    20/11/2017: Annual Statement
    14/08/2018: Notice of arrears
    29/08/2018: Appointment of Westcot
    05/09/2018: Wescot welcome letter
    15/09/2018: Wescot weve traced you to this address letter
    25/09/2018: Westcot 25% reduction settlement offer
    05/10/2018: Wescot Please contact us letter
    19/01/2019: Moorcroft letter for payment
    30/01/2019: Moorcroft Possible Further Action letter
    25/06/2019: Annual Statement
    25/06/2019: Notice of arrears
    13/03/2020: Intrum advising now owner of account
    20/03/2020: Hard “debt collection” credit file search by Intrum
    01/04/2020: Intrum please pay letter
    13/04/2020: Intrum please pay letter
    21/04/2020: Intrum settlement discount
    01/05/2020: Please pay letter
    11/05/2020: Intrum Please contact us letter
    20/05/2020: Intrum please contact us letter
    20/05/2020: SAR sent to original creditor
    01/06/2020: 30% Discount offer


    11. BARCLAYCARD CREDIT CARD

    Opened Approx. Feb 2011
    Balance 9350
    Date of last full payment: October 2011
    Default: 02/08/2013
    Stopped paying DMP in June 2018
    Account Owner: PRA Group (UK) limited
    NOTES: Persistent automated calls from PRA on a near daily basis up until March 2020. All numbers are diverted to voicemail.
    ACTIONS

    4/08/2014 Default Notice served
    05/09/2017 PRA Annual Summary
    27/07/2018 PRA Settlement offer
    31/08/2018 PRA settlement offer


    12. NATIONWIDE LOAN 1

    Opened Approx. March 2011
    Balance 5300
    Date of last full payment: May 2013
    Default Date: October 2014
    Stopped paying DMP in June 2018
    Account Owner: Nationwide
    Notes: Query over default date as status on credit files as 1 2 3 4 4 5 6 6 6 6 AP AP AP AP D
    ACTIONS

    27/04/2017 Nationwide Confirmed unenforceable
    18/06/2017 Moorcroft settlement offer
    04/03/2020 Threat of home visit

    13. NATIONWIDE LOAN 2 – DOES NOT APPEAR ON CREDIT FILE

    Opened Approx. Nov 2011
    Balance 8500
    Date of last full payment: ?????
    Stopped paying DMP in June 2018
    Account Owner: Nationwide
    ACTIONS

    04/05/2017 Nationwide Confirmed unenforceable

    No further contact other than annual statements, but not to current address.

    14. CURRENT ACCOUNT FROM CABOT CREDIT MANAGEMENT GROUP LTD

    Opened Approx. Jan 2008
    Balance 130
    Date of last full payment: ?????
    Stopped paying DMP in June 2018
    Account Owner: Cabot credit Management Group Ltd
    Default Date: July 2014

    NOTES: I have no idea what this debt is for or where it originally came from. It just appears on mine (and partners) credit file and doesn’t match balances of anything else im aware of.

    ACTIONS
    Last edited by cowbopper; 5th June 2020, 15:47.

  • #2
    Originally posted by cowbopper View Post
    and a massive thanks to Di for getting me started.

    My pleasure

    I'll take a peek at each of your debts and add my comments tomorrow.

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      So had an alert on credit file today. Debt 2 has been updated by Lowell to say that the account defaulted in 2019, which is nonsense. All the previous payment info they had recorded has been deleted. Would my SAR to the original creditor potentially trigger this? Not sure what to do???

      Comment


      • #4
        Originally posted by cowbopper View Post
        Debt 2 has been updated by Lowell to say that the account defaulted in 2019, which is nonsense. All the previous payment info they had recorded has been deleted.

        That's curious since the debt was apparently assigned to Lowell before 2017 and you paid them direct after that.

        The account should have been defaulted and terminated before it was assigned, not two years later.

        My inner cynic wonders whether it really was assigned to Lowell in 2017 (what date?) or whether it was 'on loan' or perhaps a flawed assignment (Deed) so they've subsequently attempted to tidy up the paperwork to remedy the issue.

        Your SAR to Creation might reveal the truth unless any entries have been 'amended' retrospectively.

        Or am I just becoming too cynical in my old age

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Diana Mayhew

          I've sent SAR requests to Experian and Equifax for historical credit reports.
          I've had a good discussion with Niddy too. it appears that the original creditor failed to default the account, Lowell have then decided to do so after the DMP stopped being paid. I've got a letter from Nov '18 threatening the default, but no copy of any actual default notice.

          My biggest irritation with this one is that they waited until May 2020 to update a file with a default that was apparently issued in January 2019. Just as everything else drops off my partners file, this one has come in like a massive sledgehammer.

          Hopefully we get something interesting in the SAR's I've sent. Will keep everything updated.

          Comment


          • #6
            Is this a Capital One debt owned by Lowell. The same thing happened to me and when it went to court, Lowell were unable to produce a DN and the claim failed. My claim was over 5K

            Comment


            • #7
              Warwick65

              This was a Creation CC originally. Ideally I need to get files corrected, my understanding is that Lowell are not entitled in their position to default the account.

              Comment


              • #8
                Originally posted by cowbopper View Post
                Warwick65

                This was a Creation CC originally. Ideally I need to get files corrected, my understanding is that Lowell are not entitled in their position to default the account.
                i had a problem with creation CC not defaulting me and it going to Lowell - i complained then took it to the ombudsmen and eventually got £1300 back in interest, £150 in compensation and a default back to January 2014. Think i then cleared the debt for about 70% (Pre when I knew about CCAs / AAD etc.) So if you should have been defaulted in line with ICO regulations and have been charged interest then you have a case for some money back.

                Comment


                • #9
                  Originally posted by cowbopper View Post

                  This was a Creation CC originally. Ideally I need to get files corrected, my understanding is that Lowell are not entitled in their position to default the account.
                  More haste less speed

                  If Creation and/or Lowell have made an error then you don't want that put right until you have all the information in front of you so as not to compromise your legal position if Lowell subsequently issue a claim.

                  Believe it or not sometimes the error can be a good thing which works to your advantage in the long run.

                  You're awaiting a response to your s78 CCA Request from Lowell*, and you're awaiting a response to your SAR from Creation.

                  *Although it looks like you may not have yet sent your CCA Request to Lowell which you should do asap (unless I've misunderstood your post).

                  A SAR should only be sent to the original creditor after you receive a response to your CCA Request from the debt purchaser, so you capture any information noted on your file about the two businesses communicating.

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #10
                    Originally posted by Moonmonkey View Post

                    i had a problem with creation CC not defaulting me and it going to Lowell - i complained then took it to the ombudsmen and eventually got £1300 back in interest, £150 in compensation and a default back to January 2014. Think i then cleared the debt for about 70% (Pre when I knew about CCAs / AAD etc.) So if you should have been defaulted in line with ICO regulations and have been charged interest then you have a case for some money back.
                    If Creation made an error with the (absence of) Default Notice it's possible that Lowell would not have been lawfully able to claim a penny from you if they had issued a claim.

                    Paying them 70% must have made their day.

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      Originally posted by Diana Mayhew View Post

                      More haste less speed

                      If Creation and/or Lowell have made an error then you don't want that put right until you have all the information in front of you so as not to compromise your legal position if Lowell subsequently issue a claim.

                      Believe it or not sometimes the error can be a good thing which works to your advantage in the long run.

                      You're awaiting a response to your s78 CCA Request from Lowell*, and you're awaiting a response to your SAR from Creation.

                      *Although it looks like you may not have yet sent your CCA Request to Lowell which you should do asap (unless I've misunderstood your post).

                      A SAR should only be sent to the original creditor after you receive a response to your CCA Request from the debt purchaser, so you capture any information noted on your file about the two businesses communicating.

                      Di
                      Your correct in saying I haven't sent a CCA request. Taken your advice, Its all written up, printed and posted today.
                      Last edited by cowbopper; 5th June 2020, 14:32.

                      Comment


                      • #12
                        Originally posted by cowbopper View Post
                        Taken your advice

                        Wise move

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment

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