Debt Diary 2020

[adam92]

If Idem have sent a letter to an address where you don't live I'm not sure you need to respond to it unless you want them to think you still live there, which may cause you problems if they issue/serve a claim to that address which you don't receive (because you don't live there) and then you'd struggle to get it set-aside because you've indicated that you do live there by replying to their recent letter.

If you follow my logic

Have you sent a CCA Request to Idem for this current account? Overdrafts are covered by s78 CCA which Jo explains here >




Di

Hi Di

I think you may have accidentally missed what I'd updated with apologies:

-CCA Sent and Confirmation received this weekend from Lowell

The letter they sent also said

"They cannot send me anything via royal mail if they get the request fulfilled and only via email to (an incorrect email) and they have a password in the letter for the documents if they arrive.

If I want it via the post I must wait until restrictions are lifted by the government..

Why is that relevant?
There are no restrictions to sending out mail as they've proven themselves by confirming my request and chasing to begin with.

I incorrect in thinking this is ridiculous and they should be sending via the post?

IDEM- I wasn't aware CCA's could cover an overdraft but after reading that I can send a CCA

[Joanna Connolly Solicitors]

**New Entry

Type: OD
Date Commenced: August 2008
Default: May 2013
Balance: £780?
Last Paid: Jun/July 20
Status: Unknown
Owner: Sold to Idem via Halifax.

2020
Jun/July - Last payment sent.
2021
Jan 21- Letter from Idem to previous address about outstanding balance to discuss payment plan

If Idem have sent a letter to an address where you don't live I'm not sure you need to respond to it unless you want them to think you still live there, which may cause you problems if they issue/serve a claim to that address which you don't receive (because you don't live there) and then you'd struggle to get it set-aside because you've indicated that you do live there by replying to their recent letter.

If you follow my logic

Have you sent a CCA Request to Idem for this current account? Overdrafts are covered by s78 CCA which Jo explains here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

Di

[adam92]

Over the weekend I received an acknowledgement from Lowell and they are starting my request and the account will be on hold for 30 days.

What I find to be shady is they refuse to send me the paperwork via mail
(Despite sending me a letter just there).

Only after restrictions are lifted by the government will they do so.
(Why is that relevant? There are no restrictions to sending out mail as they've proven themselves..)

We are currently unable to send any documentation by royal mail ..

And will send it to the email on file with the attached password
(and the email address is wrong)

---

Di am I incorrect in thinking this is ridiculous and they should be sending via the post?

Also with IDEM (Halifax current account) how do I proceed?

[adam92]

Can you just remind me how you know these letters are going to your old address (sorry I haven't read back through your thread).

Do you mean the Halifax current account was closed in 2009/10 or was that when it was opened?

I can see you were making a £1 token payment until last year - who were you paying by standing order?

Di

Hey Di - the person living there lets me know

The account was opened then, must have defaulted and closed at least 6-7 years ago as it's no longer on my report.

I was paying I think to Wescot, not Idem directly, it had been with Wescot, and they kept forwarding the money across..

Sorry for any confusion.

Edit: Old report think i've found it, have updated first post in thread.

[Joanna Connolly Solicitors]

Hi Di.

Many thanks for your continued advice. It’s very much appreciated when you feel in the dark with everything.

—- New debt... sigh

What has also popped up to the old address (I had honestly completely forgotten about this)

Is a letter from Idem about an outstanding balance and it details an account number.

Nothing else about the debt (who it was with or what it’s for), asking to set up a payment plan as they’ve not been able to contact me.

Now if I remember right I think they purchased from Wescot an old student Halifax Overdraft from 2009/10 of might have been £1500 which i stopped paying a standing order of a £1 last summer.

Can you just remind me how you know these letters are going to your old address (sorry I haven't read back through your thread).

Do you mean the Halifax current account was closed in 2009/10 or was that when it was opened?

I can see you were making a £1 token payment until last year - who were you paying by standing order?

Di

[adam92]

...

I'm leaning towards the idea that you send a new one with proof of posting so there can be no doubt that you sent it. This will also confirm that you are living at your current address which, from what you say, they aren't certain of because they've been sending correspondence to your old address.

Even if they do produce a credit agreement that doesn't necessarily mean all the other statutory duties have been met. Capital One regularly have issues with the Default Notice.

Lowell can be trigger happy with court claims but that doesn't mean they always win in court as Jo makes clear in her post here >

Di

Hi Di.

Many thanks for your continued advice. It’s very much appreciated when you feel in the dark with everything.

I’ve posted the request to Lowell’s once more & kept the proof of postage so let’s see.




I’m not sure what the team of Lowell are like, but they have my new address (lived here nearly 3 years now),

they’ve sent me letters before here,

have pulled my report twice in 12 months,

yet insist on continually ignoring that address and contacting a previous household..

In the meantime this weekend they’ve sent a letter noting I can have 40% discount under a title ‘next step assessment’.


—- New debt... sigh

What has also popped up to the old address (I had honestly completely forgotten about this)

Is a letter from Idem about an outstanding balance and it details an account number.

Nothing else about the debt (who it was with or what it’s for), asking to set up a payment plan as they’ve not been able to contact me.

Now if I remember right I think they purchased from Wescot an old student Halifax Overdraft from 2009/10 of might have been £1500 which i stopped paying a standing order of a £1 last summer.

I think that’s what it is, but can’t find prior letters to hand to check. I was wondering what I do with this instance.

[Joanna Connolly Solicitors]

Hi Di it was from my current address and I sent it to Lowell. I can certainly send another one if you advise

Well, you sent it to Lowell last July so no response suggests it may not have been delivered, and without proof of posting you'd be hard pressed to prove that you sent it. Did you enclose the £1 statutory fee as a postal order or a cheque? If it was a cheque you can check whether it has been cashed.

I'm leaning towards the idea that you send a new one with proof of posting so there can be no doubt that you sent it. This will also confirm that you are living at your current address which, from what you say, they aren't certain of because they've been sending correspondence to your old address.

Even if they do produce a credit agreement that doesn't necessarily mean all the other statutory duties have been met. Capital One regularly have issues with the Default Notice.

Lowell can be trigger happy with court claims but that doesn't mean they always win in court as Jo makes clear in her post here >

This was a small consumer credit claim of around £2,000 which the Claimant persisted in taking to trial possibly hoping our client would not have representation on the day in court for such a small sum. I decided to represent my client at the trial. The claimant was represented by counsel.

After heavily contested legal argument the District Judge dismissed the claim describing it as being hopeless from the start. He made an order that the claimant pay our clients costs, even though it was on the small claims track, due to Lowell's unreasonable conduct in bringing the claim. The amount of costs awarded were almost as much as Lowell's had tried to sue for.

Di

[adam92]

Did you get any response from Lowell when you sent the CCA Request even though you haven't got proof that you sent it?

Or did you send your CCA Request to Capital One before it was assigned to Lowell?

(Sorry I haven't read back through your whole thread.)

Depending on your answer you may benefit from sending another CCA Request from your current address - but don't do that yet.

The debt is £400 so it would be good to avoid a claim rather than battle it out in court, especially if Lowell can't/don't comply with your CCA Request and admit defeat before they go into battle.

Di

Hi Di it was from my current address and I sent it to Lowell. I can certainly send another one if you advise and update

[Joanna Connolly Solicitors]

Hi Di I think so

Apologies it's below for Lowell. It's an old Capital One card. I'm adamant i sent a CCA request to them, but can't find my proof of posting, but it would tie in with the dates when they began to start searching my credit file ...

Did you get any response from Lowell when you sent the CCA Request even though you haven't got proof that you sent it?

Or did you send your CCA Request to Capital One before it was assigned to Lowell?

(Sorry I haven't read back through your whole thread.)

Depending on your answer you may benefit from sending another CCA Request from your current address - but don't do that yet.

The debt is £400 so it would be good to avoid a claim rather than battle it out in court, especially if Lowell can't/don't comply with your CCA Request and admit defeat before they go into battle.

Di

[adam92]

Okay, so you’ve got all bases covered in the event of a Letter of Claim being sent to one of them.

Can you just remind me which debt is being chased by Lowell. Maybe re-quote your post on this thread with the history.

Di

Hi Di I think so

Apologies it's below for Lowell. It's an old Capital One card. I'm adamant i sent a CCA request to them, but can't find my proof of posting, but it would tie in with the dates when they began to start searching my credit file ...

Type: CC
Date Commenced: 2009
Default: Unsure (over 6-7 years ago)
Balance: £400
Last Paid: 2019
Status: Awaiting CCA
Owner: Sold to Lowell

July 2020 - CCA Request Sent
July/Aug - Soft Searches Made on Credit File

[Joanna Connolly Solicitors]

Hi Di

A family member is now the tenant there which is how I know they’ve done that.

Okay, so you’ve got all bases covered in the event of a Letter of Claim being sent to one of them.

Can you just remind me which debt is being chased by Lowell. Maybe re-quote your post on this thread with the history.

Di

[adam92]

Do you have Royal Mail redirection from your old address or know who currently lives there which is how you’ve discovered this?

Di

Hi Di

A family member is now the tenant there which is how I know they’ve done that.

[Joanna Connolly Solicitors]

Also Lowell keep sending chaser letters to an old address that I am no longer at.. I've checked and they did send me correspondence last year to the correct present address so not sure why they are doing that..

Do you have Royal Mail redirection from your old address or know who currently lives there which is how you’ve discovered this?

Di

[adam92]

Update: INTRUM (Aqua)

Received a letter noting they are aware I have a dispute unanswered on the account and are in the process of getting this information. And also fishing for further information about the query if I've not previously sent.

Filed to one side.

Also Lowell keep sending chaser letters to an old address that I am no longer at.. I've checked and they did send me correspondence last year to the correct present address so not sure why they are doing that..

[Joanna Connolly Solicitors]

Thanks Di, can I just clarify with Barclays.

As you say they returned my fee and request back - they said my address details were incorrect and I'd need to go into branch..

As I've spoken directly with Barclays (I wouldn't normally on the phone to begin with but it seemed the only way) and they've stated my address is correct,

It's fine to just leave it? I'm cautious if they tried any legal action the department would send it to an old address

If they served a claim on an incorrect address and then obtained a Default Judgment (CCJ) because you didn't respond, then you would contact me for advice on getting the CCJ set aside, especially since you have evidence that they have your current correct address (assuming that was where they sent the letter returning your postal order).

Before issuing legal proceedings they would need to send you a Letter of Claim giving you 30 days notice to deal with the issue (or not).

It's unlikely Barclays would issue a claim - they prefer to assign accounts to debt purchasers and let them take responsibility for that.

Please stay off the phone - you really do need a paper trail and sadly one can't rely on 'accurate' notes being placed on your account log by someone in a call centre.

Di