Ahhwell UE Diary

[AhhWell]

Re: Ahhwell UE Diary

Hi

Its been a while since i visited here as it has been quiet from mail etc.

But the other week i was getting some hassle from Lowell and Red. I asked for an actual copy of and agreement to which they sent a application form. So i wrote back to them telling them that.

Now i have got a letter saying the following;

We thank you for your recent correspondence stating that the agreement provided does not comply with the Consumer Credit Act.

You will appreciate that prior to your request our client obtained a County Court Judgment against you on 17th June 2010 whereby the Court ordered the sum of £924.11 be paid to our client.

Whilst you dispute the copy of the agreement provided by CL Finance Limited, we would advise you that our client intends to continue with their current action which is to enforce the outstanding payment against the above mentioned CCJ as opposed to the original credit agreement.

Please note that your request, which was not made under S77/78 of the CCA, does not require our client by either law or staute to delay matters, bearing in mind the existence of the current County Court Judgment in favour of our client

In an attempt to try and btain an amicable settlement to this matter can we suggest you contact us on 0113 3086043 to arrange and affordable re-payment plan to pay the outstanding CCJ.


Now i have had nothing served on me and nor is there arecord on my credit file?

I am confused and a bit concerned and would argue that the amount they ask for is not correct,due to charges and the like.

Can you get CCJ and not know about them and that they happened 2 years ago? Not moved in that period.

It is a post April 2007 debt and I was blagging to delay and I have no money.

What are my options please? Should i not get served a notice?

[MrsD]

Re: Ahhwell UE Diary

you need to check with trust online to see if they really have a CCJ firstly

if they are telling you porkies in this vein, that's very naughty indeed

[Susie]

Re: Ahhwell UE Diary

Ditto ELD, and its also worth checking at any old addresses that they may have on file for you. Do you have letters, statements or any other correspondance with them from beginning of 2010 from them at your current address?

[AhhWell]

Re: Ahhwell UE Diary

Thanks for the quick replies.

I will check back in my files but I do not recall any correspondence from CL Finance, but we all know these buggers have different names.

I just thought a CCJ should be served on me, I've been at this address since Oct 2009, and always corresponded with crappy letters that have come through my door.

I am going to sleep on it but am very worried about it as I did not want one of them on me even if I could negotiate a minimal payment per month.

Will look into Trust online but will have to wait for pay day.

Oh yeah since then I have been given a Credit Card, which I use for petrol then pay it back. I would never have got one if I had a CCJ?

[AhhWell]

Re: Ahhwell UE Diary

Right..

Went to Trust Online and searched my current address and my old address and there are no CCJ's.

Can anyone recommend a letter template to send back the history is;

It is suppose to be a Comet Store Card.
Got chased by Santander back in 2009.
Tried to make a Full and Final.
I was made Redundant and I wrote to them to state that.
Then moved and wrote to Sant to confirm new address.
Heard nothing until 2011 from Lowell.

Therefore I have seen no Default notice but I now note it says default on my credit file.

And there has never been any mention from Lowell of a CCJ until yesterday's letter.

Please help, it does not have to be a fully drafted letter, just bullet points of what to state as I can write letters reasonably. Just not sure if i can refer them to an Act or the CCJ procedures etc.

Kind regards

Ahhwell

[Pixie]

Re: Ahhwell UE Diary

I can't suggest what to write because I don't have the knowledge (but someone will ) but if they're saying that you have a ccj when you haven't then that is very naughty indeed.

[Deepie]

Re: Ahhwell UE Diary

Have a look at this one------> You know nothing of the Debt / Prove It

Might give you some ideas

[AhhWell]

Re: Ahhwell UE Diary

They have already had one of those letters, which where it all started with Lowell back in 2011.

I sent one of those off, and it took ages for them to give me some photocopied form that consisted of 2 or 3 pages, no terms or conditions, no statement of account.

The odd thing about it was it was dated and the section where the bank sign it was also dated but the same date, so it was couriered over on the same day and someone looked at it that same day and signed it???

So i sent back a letter to say it is more an application form and not an Agreement, this may be a blag or not as it is post April 2007 but i am not going to hand over any money to these guys without them evidencing the true debt.

Then the CCJ letter i typed in the above threads came yesterday. So i am hoping to just write back to them nicely to say they are wrong. I do not want to be too aggressive so that they slam one on me in any case, i just want to say why they are wrong.

Thanks

[SaltnVinegar]

Re: Ahhwell UE Diary

It wouldn't be the first time that Lowell have cocked up and got something wrong. Their administration is pretty rubbish (they have 'lost' payments I sent to them on numerous occasions).

Did they state which court the CCJ was issued? I don't know if this is a good idea or whether it would be sticking your head above the parapet but you may be able to ring the court where it was allegedly issued to find out.

It may be possible that court papers were served to an incorrect or old address. This seems to be becoming a common tactic to get a default judgement.

If this has happened then you may be able to get the CCJ set aside (if as said one exists in the first place).

If Lowell are telling porkies then you've got them by the short and curlies.

Best
SnV

[AhhWell]

Re: Ahhwell UE Diary

Yes they are being VERY naughty

OK i have drafted a letter for someone to look over as i am no expert on this, I would appreciate any amendments to beef it up, but I would like to get this out this week, before they pass it over the desk to Red .

Just to recap on their letter;

We thank you for your recent correspondence stating that the agreement provided does not comply with the Consumer Credit Act.

You will appreciate that prior to your request our client obtained a County Court Judgment against you on 17th June 2010 whereby the Court ordered the sum of £924.11 be paid to our client.

Whilst you dispute the copy of the agreement provided by CL Finance Limited, we would advise you that our client intends to continue with their current action which is to enforce the outstanding payment against the above mentioned CCJ as opposed to the original credit agreement.

Please note that your request, which was not made under S77/78 of the CCA, does not require our client by either law or staute to delay matters, bearing in mind the existence of the current County Court Judgment in favour of our client

In an attempt to try and btain an amicable settlement to this matter can we suggest you contact us on 0113 3086043 to arrange and affordable re-payment plan to pay the outstanding CCJ.

My 1st Draft;

I am in receipt of your letter dated the XX July 2012 and would inform you of the following.

In your letter you state that on the XX June 2010 your client obtained a County Court Judgement [‘CCJ’] against me whereby the Court ordered the sum of £XXX.XX to be payable.

I can categorically confirm that you are wrong to state this and that I was never served with any Court papers, which I would have vigorously defended as you have failed to evidence that such a debt is owed. Further I have checked with the Registry Trust Limited website Trust Online and can confirm that there are no CCJ’s on record for me on my current and previous addresses and nor does my credit report show that there is a CCJ in place.

However I do note on my credit report that Lowell have added an alleged account that is in default. It is a matter of fact that I have not received any valid default notice and therefore I request that this wrongful and unlawful record is removed from my credit report forthwith.

The above allegation and actions goes against all regulations and guidelines with regard to debt collection and it is an unconscionable action by Lowell Portfolio which if not retracted in writing within 14 days I will be writing to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

You have still failed to provide any evidence of an actual agreement that exists between me and your client and therefore as stated previously in my letter dated XX Sept 2011 the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection states it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written apology and confirmation that the above errors have been rectified and the matter is now closed.

Many thanks

[AhhWell]

Re: Ahhwell UE Diary

Can anyone advise please.

At a bit of a loose end.

Not too sure how it all works

These guys give you a few days before the other part of the office responds.

If my letter is ok I will send, if not help

[Pixie]

Re: Ahhwell UE Diary

As I've said before, I'm no expert but I think you need to address things one point at a time so I think I'd leave out the bit about the default and concentrate on whether or not they have actually got a CCJ.

The CCJ should be showing on Trust Online as it is (allegedly) only a couple of years old. Did you check all your previous addresses? CCJs don't always show on credit files...I have one which doesn't. I haven't checked Trust Online because I know I've got it.

[AhhWell]

Re: Ahhwell UE Diary

As I've said before, I'm no expert but I think you need to address things one point at a time so I think I'd leave out the bit about the default and concentrate on whether or not they have actually got a CCJ.

The CCJ should be showing on Trust Online as it is (allegedly) only a couple of years old. Did you check all your previous addresses? CCJs don't always show on credit files...I have one which doesn't. I haven't checked Trust Online because I know I've got it.

Thanks Pixie

I will take out the Default comments and as you say do it one step at a time.

I did 2 Checks one on my current property and one on my Previous address whereby i lived there for 12 years so nothing will pre date that address and nothing showed up.

I did only do the England and Wales Orders & Judgments section as i doubt its gone to High Court or Tribunals.

I will amend the letter and will be walking to the post office this lunchtime as i really want to get this one back over to them.

I know the guys are busy behind the scenes its just i am a bit of a worrier until ive actioned something then i feel a bit better lol

Cheers

[AhhWell]

Re: Ahhwell UE Diary

I posted the amended letter Friday, Recorded Delivery.

I await their response and will report back forthwith.

Fingers Crossed

[AhhWell]

Re: Ahhwell UE Diary

Well they finally wrote back and said:

We are handing this back to blah blah blah for them to comment. No apology no mention of the CCJ etc.

I will let you know what they come back withbut i will just sit and wait.