Debt Diary 2020

[Joanna Connolly Solicitors]

That letter is not a compliant Default Notice under s87(1) CCA 1974.

If you stopped making your contractual payments to Vanquis (the original creditor) in 2016 then a Default Notice should have been served then, although it's unclear from your first post whether that was when you stopped an ATP (Arrangement To Pay) or made your last minimum contractual payment.

You say that the account was removed from your CRA files "a few years ago" which could be the case if a Default had been registered (six years earlier). However, your first post says that the account was opened in 2014.

Or did Vanquis remove your/their account from the CRAs when it was assigned to Arrow in 2018 who then didn't start reporting it (or do they)?

Your account can only be registered as Defaulted once.

You've said that you aim is to get a mortgage in a couple of years when all the Defaults (and associated accounts) should drop off your CRA files, so although you understandably feel upset by this letter there is time to deal with things if a Default is registered at the end of April (assuming Arrow are reporting to the CRAs).

The important thing is Arrow has not complied with your s78 CCA Request sent to them in July 2020 so this debt is currently unenforceable

That letter also says they have the right to terminate your agreement under Clause B19 of your agreement which they don't appear to have in their possession otherwise they would have sent it to you in response to your CCA Request.

See what happens next and post any update on your thread.

(It helps to update your first post each time there's a development, and then re-quote it with your question, so forum members can see the history as it evolves without searching back through your thread.)

Di

[The Tech Clerk]

Diana Mayhew

[adam92]

Hi Di & Team,

I've had bit of a meltdown from a letter received this morning. My credit file in the next 12 -14 months will lose all defaults and set me on the path for a mortgage with my partner, and I'm trying to demonstrate good behaviour and trust and take control of my actions better.

But this is just going to send it all to pot. I could legitimately cry earlier.

March 2016
I had been struggling with spiralling debt and the interest and agreed a plan of £9/10 a month for March and beyond.
October 2018
They sold the debt to Arrow
July 2020
I stopped paying last summer when the person looking after the account for Arrows (NCO Europe) accepted my CCA request but haven't complied still.
Feb 2021
Notice of Default sent from Arrows

From what I understood, a default could only be provided by the original creditor Vanquis. Who never defaulted me and removed the account from all my credit files a few years ago.

If that is incorrect, it still feels massively unfair to default in April 2021, when the account has been receiving tiny payments since March 2016..

I do have a SAR from Vanquis which has no default notice but does not the assignment and sale to Arrow (managed by NCO) in the coms log.

Is there anything I can do here? I appreciate any advice you have. I have attached a scan of the letter I received today.

[adam92]

Do Lowell ever email you at the correct email address? If so it might just be a typo on their part.

As for the rights and wrongs of sending CCA requests via email- I will leave that up to someone better than me to comment on however - a CCA request is for information purposes only. I think it is also worth remembering that at the moment we should all be working from home where possible so actually getting the documents out to you in Royal Mail may be difficult. Of course that is academic at the moment as they don't have anything to send.

Lowell are slightly inefficient as I remember in the same delivery on the same day I received CCA documents AND a letter saying they didn't have them ! Go figure

It’s a typo on my email address. Not sure how they have it to begin with (never received email but I must have and forgotten years ago). I’ll wait to hear from them and inform them the email is incorrect ?

[Warwick65]

Do Lowell ever email you at the correct email address? If so it might just be a typo on their part.

As for the rights and wrongs of sending CCA requests via email- I will leave that up to someone better than me to comment on however - a CCA request is for information purposes only. I think it is also worth remembering that at the moment we should all be working from home where possible so actually getting the documents out to you in Royal Mail may be difficult. Of course that is academic at the moment as they don't have anything to send.

Lowell are slightly inefficient as I remember in the same delivery on the same day I received CCA documents AND a letter saying they didn't have them ! Go figure

[adam92]

Hi Di,

As far as I’m aware they do now.

The Lowell request was sent via actual address and they replied so that’s sorted.

The email address is a typo error so it wouldn’t work.

Idem (overdraft) I will again send this week so that will update the address.

[Joanna Connolly Solicitors]

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.

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

I didn't miss your post - it's just easier to tackle each debt in a separate post so as not to cause confusion.

Can you just clarify whether all your debt owners only have your old address not your new address? You've received a letter from Lowell in response to your CCA Request, so which address did they send that?

You say the email address they have for you is incorrect. Is it simply a typo or is it nothing to do with you nowadays or maybe never was anything to do with you?

The issue of whether Lowell should send a response to your CCA Request by post or email only arises if/when they have something to send.

I wouldn't pick a fight with them at this stage - wait until the 14 days are up before deciding your next step which will depend on your answers to my questions.

Di

[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