Kenny91's Debt Diary

[Kenny91]

Hi all,

I’ve been lurking for a few months and finally taken the plunge to share my story, the short version of which involves a lot of ill health in close family and bad advice many years ago to enter a DMP when I should have opted for bankruptcy - although that would potentially have hampered my career progression.

I’ve not yet requested CCAs for two overdrafts of around £2,000 each, but intend to do so shortly for the Barclays one listed below, but unsure about the same course of action for the other for reasons I don’t wish to disclose publicly at this stage, as I feel it could work against me big time.

I'm not really in this for the long term, given am hoping to secure a mortgage in the next couple of years so simply looking to strengthen my hand and settle the larger debts with decent discounts in the short to medium term, obviously none of the defaults are present on my credit file as they dropped off several years ago so one less thing to worry about.

Anyhow, fingers crossed I get the formatting right first time:

DEBT NO 1:

Type: Virgin/MBNA Credit Card

Date Commenced: Nov 2007

Current Balance: £5,900

Default Date: July 2010

Last Paid: March 2021

Status: Small monthly payments via DMP since late 2010

Owner: Arrow Global Guernsey Limited (Managed by Moorcroft)

February 2021 - CCA request sent recorded delivery with £1 postal order

March 2021 - CCA request acknowledged

H2 April 2021 - Reconstituted CCA received, looks enforceable as all details appear to be in order (although my address is slightly different to that shown on statements and correspondence from 2007-2010). Very deflated, as was optimistic paperwork would not be sourced.

6 June 2021 - CCA sent to Niddy for checking.

9 June 2021 - Niddy deems the CCA enforceable, unfortunately; but suggests there could be other issues associated with that debt, not to mention the fact that Arrow Global Guernsey don't have the necessary jurisdiction to take legal action - but that doesn't mean they won't try.

May 2023 - Letter received out of the blue by Capquest Debt Recovery saying they have been appointed by Intrum Poplar Designated Activity Company as an administrator of the agreement.

Looks like Arrow Global has sold the debt on to Intrum PDAC (whoever the f they are) and in-house collection agency Capquest is now on the case.

Anyone any experience of either of them? Have not received any correspondence from Intrum PDAC or Arrow Global about such a sale/transfer of the debt, which seems strange.

Capquest office address is Manchester according to the letter - which is actually more of a statement with latest balance.

A quick Google search suggests Intrum PDAC are registered in Ireland, so would that impact its legality?

Edited to add: Companies House shows the registered address of Arrow Global Guernsey is the same as Capquest, so one assumes the latter owns the former or vice-versa.

Thanks,

K91
PS: Looking at Gameplan's debt diary, I can see one of their debts has undergone the exact same situation.....

[Still Waving]

Capquest is part of the Intrum Group.

[Roger]

Capquest is part of the Intrum Group.

Arrow Global Guernsey ?
Make a note for yourself because there are often Assignment issues when these debts are sold on.
If the Seller of the debt is unauthorised the Purchaser will inherit this defect (sic unauthorised).

[Kenny91]

Arrow Global Guernsey ?
Make a note for yourself because there are often Assignment issues when these debts are sold on.
If the Seller of the debt is unauthorised the Purchaser will inherit this defect (sic unauthorised).

Yes, that's them. I noticed while on Companies House one of the Capquest/Arrow directors lives there, hence how they got their name - or so I assume!

[Roger]

Yes, that's them. I noticed while on Companies House one of the Capquest/Arrow directors lives there, hence how they got their name - or so I assume!

Off my head its where the Company is registered ie Guernsey (for tax purposes).

[Kenny91]

DEBT NO 4:

Type: M&S Credit Card

Date Commenced: November 2007

Current Balance: £2,000

Default Date: July 2010

Last Paid: March 2021

Status: Small monthly payments via DMP since late 2010

Owner: Lowell from April 2023 (M&S was previous owner)

February 2021 - CCA request sent recorded delivery with £1 postal order

March 2021 - Letter received with copies of the original credit agreement that matches the original paperwork in my possession, so appears enforceable.

6 June 2021 - CCA sent to Niddy for checking.

9 June 2021 - Niddy deems M&S CCA unenforceable for now, but issue could be resolved.

April 2023 - Debt has been sold to Lowell.

Hi all,

It's been around three months since this debt was bought by Lowell Portfolio 1 Ltd and the letters have been coming thick and fast at the rate of one a week. They've also been sending the same letters via email.

This follows the same pattern as another debt with them that I saw off recently after their in-house legals failed to supply the necessary DN.

As such, I'm expecting a LBC in the not too distant future so am readying myself for that battle which is likely to involve me contacting JCS as M&S kept the debt themselves until the recent sale to Lowell, meaning the paperwork is likely in decent shape.

What's interesting is that up to a few weeks ago, their letters had both this M&S and Idem/Hoist debt in the "Your Outstanding Accounts" section, but of late has just featured the larger one, which is M&S.

Whether they're splitting them up in anticipation of a legal claim, only time will tell.

I know Lowell are dirtbags and often send legal paperwork to an old address, but I'm hoping mail redirect takes care of that and ensures nothing slips through.

Correspondence from other creditors has dried up to a trickle, which at least means I can focus my attention on the Leeds lot!

One thing I did wonder, is about 18 months ago I got a small cheque out of the blue from M&S that had a short letter accompanying it that related to some complaint that I never actually made.

Anyone any idea if that indicates paperwork might have been wrong/missed and it could derail a claim from Lowell? Or is such a cheque more often issued over bad customer service many moons back etc - even though it would have been over a decade ago....?

K91

[Roger]

The curious issue is why this wasn't assigned before!

Lowell Portfolio 1 Ltd ?
read this!
https://all-about-debt.co.uk/member/7444-sam-audley

[The Tech Clerk]

The curious issue is why this wasn't assigned before!

Lowell Portfolio 1 Ltd ?
read this!
https://all-about-debt.co.uk/member/7444-sam-audley

No info:-

[Roger]

No info:-

Here is Sam Audley



Sam Audley started a blog post Lowell Portfolio
18 March 2021, 13:58

Lowell is one of the UK’s largest credit management companies. According to Lowell’s website ‘Lowell is a group of companies that includes Lowell Portfolio 1 Ltd and Lowell Financial Ltd. Lowell Portfolio 1 Ltd take on debt from lots of different companies. Lowell Financial Ltd manage that debt on behalf of Lowell Portfolio 1 Ltd. Lowell Financial Ltd works with customers to help them find the best way to manage their debt……. ….Our business in the UK is comprised of a number of legal entities, and are in some cases authorised and supervised by regulatory bodies.’

Lowell claim that they will not issue County Court Judgments (CCJ’s) without following the proper process, although in our experience, this is not always the case. Like most debt purchasers, they claim to help you to manage your debt through affordable repayments, and to support you through the process.

In common with most debt purchasers, their real aim is to maximise their investment in the debts they purchase. To this end, they will sometimes accept repayment plans, but may require proof of your income and expenditure before agreeing terms. Be aware, however, that these plans are usually informal and can often be reviewed or revised, usually every 6 months. A repayment plan does not stop Lowell from issuing a claim. We have many clients who have had court proceedings issued against them while they are in such repayment plans.

Our view is that these companies, once they issue proceedings must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974 and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts. We defend all cases vigorously with a near 100% success rate.

Lowell Portfolio 1 Limited usually issue the claims against consumers in bulk using a firm of Solicitors, Lowell Solicitors Limited who are also part of the Lowell Group of companies.

If you have received a letter of claim or a County Court Claim from Lowell, or Lowell have obtained a default judgment against you, we can advise you how to proceed. These claims can be defended. Our view is that these companies once they issue county court proceedings must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974, the Financial Services and Markets Act 2000 (FSMA) and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts. We defend all cases vigorously with a near 100% success rate.

Here are some examples from the many claims we have successfully defended against Lowell Portfolio:

Lowell Portfolio 1 Ltd v Greenwood (2021) (Blackpool County Court) Successfully defended this claim which was for monies alleged to be owing under a Vanquis credit card, EE Finance plc and a catalogue company. Application made for summary judgment and /or strike out. Claimant discontinues claim against EE Finance Plc and the catalogue company prior to the hearing of the Defendants application. At the hearing the court strikes out the claim in relation to the Vanquis credit card.

Lowell Portfolio 1 Ltd v Ogundu (2020) (County Court at Manchester) – permission to appeal granted – real arguments that his obligation to the claimant was extinguished by the Prescription and Limitation (Scotland) Act 1973 and that the claimant is not entitled to enforce debt due to breach of S.78 of the Consumer Credit Act 1974 – (Claimant subsequently consented to appeal and dismissal of claim).

Lowell Portfolio 1 Ltd v R (2019) (Oxford County Court) successful appeal– although not pleaded by litigant in person in defence, claimant had not complied with s.78 CCA 1974 and no evidence that a compliant default notice was served.

Please note that County Court decisions are not binding on other judges. Each case has to be argued and defended on it’s merits.

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[Pat]

Some banks are very slow at assigning while others are quick. HSBC seem to be slow as we’re RBS in my case, it was not until 4 years of non payment that they sold it. Prior to that they were getting enough to cover their costs and frankly probably more than if they has sole it. Santander has not sold my current account even though it is long defaulted and SB and I mean 10 years defaulted and ten years + since any communication.

[Roger]

Some banks are very slow at assigning while others are quick. HSBC seem to be slow as we’re RBS in my case, it was not until 4 years of non payment that they sold it. Prior to that they were getting enough to cover their costs and frankly probably more than if they has sole it. Santander has not sold my current account even though it is long defaulted and SB and I mean 10 years defaulted and ten years + since any communication.

Well HSBC and the Iron Mountain fire comes to mind. Also M&S missold what were store cards and then later these became Credit Cards. They used to approach targets in stores then ask and fill in the application triparte forms themselves then ask the target to sign here please.
HSBC are behind the M&S card!
RBS and the Banking Crisis created all sorts of problems and issues when these Companies were forced together. One problem being authorisation.
The debts long time written of for tax purposes so the money nolonger exists or is accounted for on the Banks books. What is Assigned is the Account with the full debt and this is brought for peanuts and pursued for full value!

[Pat]

Maybe Iron Mountain becomes less and less relevant as time goes on, what was it 25 years ago?

yes of course HSBC provide the licence behind the M&S card, used to cover JL as well until they got a better offer from New Day.

I’m not sure what you mean by the banking crisis forcing these companies together. But anyway mine had defaulted before all that.

No idea why Santander still send me an annual statement. It defaulted in 2012.

I think we all know that accounts are sold on for a pittance . I saw one Deed that said after 6 months the OC would not provide anything further to the debt purchaser.

[Roger]

IRON MOUNTAIN FIRES around the world have suffered at certain times there was one in April this year!
There are known issues with M&S. As well of course with Lowell Portfolio 1 Ltd.
Last payment March 2021 Assigned April 2023 that is some 2 years after Payments stopped. My thinking is the Statute Bar started from March 2021.
".. I'm expecting a LBC in the not too distant future so am readying myself for that battle which is likely to involve me contacting JCS .."
Kenny91 is approaching this sensibly!

Pat never seen your diary so can't comment.
Best not to speculate don't you think!

[Pat]

Didn’t think I was speculating about anything. The problem is many of these ‘known’ problems you allude to are often quite old and as a result less relevant or common today. After all the charge to credit card scandal goes back 10+ years - Santander v Mayhew. Each case that is lost makes the bankers tighten up the processes and each case that is won adds to the ‘persuasive’ arguments.
Not sure if a fire in Argentina is particularly relevant to UK data storage.

[Roger]

Didn’t think I was speculating about anything. The problem is many of these ‘known’ problems you allude to are often quite old and as a result less relevant or common today. After all the charge to credit card scandal goes back 10+ years - Santander v Mayhew. Each case that is lost makes the bankers tighten up the processes and each case that is won adds to the ‘persuasive’ arguments.
Not sure if a fire in Argentina is particularly relevant to UK data storage.

Yes tactics have changed as has the advice given on this forum!
All the more reason for a GOOD DIARY!!!
Can wait to see Pat Diary that we can all learn from!