Debt Diary 2020

[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

[adam92]

From what you say you sent a perfectly valid s77-79 CCA Request to Barclays together with the £1 statutory fee. They returned the fee which is tacit acknowledgment that they received it in the first place otherwise how could they return it

This means your Barclays CDL is currently unenforceable until or unless they do comply with your CCA Request.

No need to send another CCA Request and definitely stay off the phone - you need a paper trail.

(Good news about the others too).

Di

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

[Joanna Connolly Solicitors]

Hi Di,

The Barclays CDL Loan - I finally spoke to them on the phone. It appears that the bank has my correct address so no idea why my CCA was rejected due to an Incorrect address.

I did resend an request a month ago but no response (I didn’t include the £1 though as they returned that previously stating they couldn’t oblige as my address was wrong & id have to go into branch).. no reply.

do I need to do this again?

From what you say you sent a perfectly valid s77-79 CCA Request to Barclays together with the £1 statutory fee. They returned the fee which is tacit acknowledgment that they received it in the first place otherwise how could they return it

This means your Barclays CDL is currently unenforceable until or unless they do comply with your CCA Request.

No need to send another CCA Request and definitely stay off the phone - you need a paper trail.

(Good news about the others too).

Di

[adam92]

Hello

Do you have any updates on these debts?

I can see that you sent some but not all of them s77-79 CCA Requests in July (i.e. five months ago) and others a little later.

If they’ve not complied with your CCA Requests then those debts will be unenforceable until or unless they do comply.

Di

Hi Di,

With PRA/NatWest I haven’t anything. The account hasn’t been update on my report for 2 years I’ve not sent anything to it.

No CCA’s have come. Arrows keep sending me a monthly statement.

However..

The PDL’s some got removed off my credit file last month & have been suddenly put back on today.. not sure what that was about.

The Barclays CDL Loan - I finally spoke to them on the phone. It appears that the bank has my correct address so no idea why my CCA was rejected due to an Incorrect address.

I did resend an request a month ago but no response (I didn’t include the £1 though as they returned that previously stating they couldn’t oblige as my address was wrong & id have to go into branch).. no reply.

do I need to do this again?

[Joanna Connolly Solicitors]

Hello,

I hope to be doing this correct, I have a lot of debts, most of my report now but still eating away I think this is everything you require. I think I'm doing the right things so far..


Type: Overdraft
Date Commenced: 2008
Default: 2016
Balance: £1010
Last Paid: Feb 2019
Status: ??
Owner: Sold to PRA (old Natwest)


Type: CC
Date Commenced: 2008
Default: 2012
Balance: £1458
Last Paid: Feb 2019
Status: Awaiting CCA
Owner: Sold to Intrum (old Aqua)

June 2020 - CCA Request Sent
July 2020 - Confirmation of request sent to me

Type: CC
Date Commenced: 2014
Default: Never & since sold on.
Balance: £1300
Last Paid: July 20
Status: Awaiting CCA
Owner: Sold to Arrow/NCO (Vanquis)

July 2020 - CCA Request Sent
Aug 2020 - Confirmation of request sent to me

Type: CC
Date Commenced: 2009
Default: Unsure
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

Type: CDL Loan
Date Commenced: 2012
Default: 2013?
Balance: 8000
Last Paid: May 2020
Status: Awaiting CCA
Owner: Barclays (original)

Aug - Request Sent
Oct - Letter Received Stating They Didn't Recognise My Details (despite me adding former addresses and new address onto the letter, and having also received a SAR for the account in August) Asked me to go to a branch
Nov - I sent a reply letter stating they'd already sent my SAR and have my new address..


Type: PDL
Date Commenced: Aug-Dec 2015
Default: March 2016
Balance: 967 (multiple together)
Last Paid: 2015..
Status: Sent CCA for one. Unenforceable.
Owner: Sold to MMF (lending stream)

April 2019 - Lantern chase 1 debt for £60
Oct 2019 - CCA Sent
Oct 2019 - Received a general terms/conditions agreement - no personal details or anything to state it was mine.
Oct 2019 - They then sent a letter taking over 5 other LS loans and merging them into one account for payment

Hello

Do you have any updates on these debts?

I can see that you sent some but not all of them s77-79 CCA Requests in July (i.e. five months ago) and others a little later.

If they’ve not complied with your CCA Requests then those debts will be unenforceable until or unless they do comply.

Di

[adam92]

Simple answer is I think

when an account is sold, the entry from the old creditor shows as settled and then entered by the new owner. The important figure is the defaulted date. I can’t see the defaulted date on the above entries. I seem to recall not all of the free credit files show the default date. Luckily all mine are long gone

Thanks for that.

So I've looked at my proper Experian File via the trial.

The defaulted dates are there and as above they are different. They are also different for the PayDay loans too against new owner and old owner - some seem to be well over 6 months since last payment as well.

Am I right in thinking I should contact the original creditors to change these?