Kenny91's Debt Diary

[Kenny91]

Hi all,

Another month has passed without much hassle, been a while since coming off the DMP and stopping all payments and been far quieter than expected.

What I've found surprising is the firms handling the smallest debts are by far the most vocal/active on the postal front, but I've batted them away.

Am not going to name names, but a couple of the mid-sized debts have been passed to other firms to manage on behalf of the original creditors.

A quick Google search tells me one of them appears to offer decent discounts (+50%) so I may go down that route should an attractive number emerge as their paperwork appears in (relative) order.

Happy weekend.

[nightwatch]

Hi thanks for the update.
glad it has been relativly peaceful for you.

Make sure the paperwook IS in order before you take up any discounts for F+F, seems is not good enough for 50%,

I have one that is now SB and UE, yes they still write to me, they still offer to help they even offered me a 95% discount, subject to me contacting them to discuss my financial predicament.
sadly, for them I did not take up the offer.

[Kenny91]

Hi all,

Well, it's been a year already and this journey has been far smoother than I could have ever wished - although I'm sure they'll be plenty of bumps in the road ahead.

I've had no legal threats, nasty letters or phone calls (recently changed number anyway), but am not letting my guard down as still 5+ years to go to reach SB.

When I first stopped payments, my intention was to use UE for better F&F settlements, but now I'm fully prepared to go the distance to SB wherever possible.

Thanks to some great results at the FOS in recent months about more recent lending, my credit report is a LOT healthier and I can actually see the day when I finally take out a mortgage and give my family greater security in these difficult times.

With that - and some hefty, unexpected medical bills - in mind, I recently applied for a 0% BT credit card and have been given one with a ridiculous credit limit that I'm never going to utilise and am going to reduce ASAP.

As this will soon be appearing on my report, I'm wondering if it might encourage some of creditors in my diary to move things up notch? Is it the kind of thing they hunt for?

I don't wish to draw attention to myself but need to ditch the high-cost cards like Vanquis (FOS complaint pending against them) and get the credit score as high as possible prior to mortgage application in the next 6-18 months. As such, it's a risk I'm willing to take.

I'll update my diary entries in due course, but nothing much to add apart from one that was passed to someone to manage and then quickly returned to the original creditor when I ignored all correspondence.

One of them even sent me a cheque for a small amount recently due to some historic review of poor customer service, I'd have thought they'd have simply knocked it off the debt, but there you go.

Finally, I've been popping onto the site every couple of days to see how everyone is doing with their diaries and it's been absolutely great to read all the positive outcomes.

This site and its many contributors are invaluable and I'll be forever grateful for everyone's input and knowledge. Keep it up!

K91

[Kenny91]

Hi all,

Another four months has whizzed by, had very little correspondence from anyone until a few days ago when Idem announced they had sold the debt to Hoist. Diary synopsis updated accordingly.

Have no intention of contacting the new owner, all mail will simply be filed away - or maybe burned to heat the house this winter given the energy price spike!

Google search tells me Hoist are set to be purchased by Lowell, so let's see how that plays out.

K91

[Still Waving]

Is this Debt No.7?

I ask because you haven't specified, and there is no mention of Idem in its history.

[Kenny91]

Is this Debt No.7?

I ask because you haven't specified, and there is no mention of Idem in its history.

Yes, it is. Have edited post for clarification. Thx

[Kenny91]

Hi all,

Debt No. 6 of just under £1,000 has now been passed by Lowell to Overdales Solicitors who I believe are their in-house legal bods.

Has anyone any experience of them? Have had a quick look on the boards, but not mentioned much (perhaps been rebranded recently?)

Niddy deemed this debt enforceable and as I previously had discounts of 40% offered by Lowell, am wondering if I should have taken them up on that...

Would be interested to know:

A: Now debt is with their legal team how long before a LBC might arrive?
B: Will any discounts likely be available before/after said LBC is issued?
C: Should one send a SAR request to Lowell and/or Capital One at this stage?

I don't plan on making any contact with them, they don't seem to have my new home or mobile number, but as going through mortgage process right now, can't afford to have any payments to debt collectors on my bank statement, eg: If I could delay payment by 3-4 months until house purchase is finalised, that would be ideal - even if I have to cough up the full amount ffs.

Thanks,

K91

[Still Waving]

Hi

Wait and see what comes next and then report here.


Edit: 29 July 2022 - Lowell has passed debt to Overdales Solicitors (their in-house legals I think) and listed about £300 of legal fees/costs should a CCJ be applied for.

They omitted to say - and if they actually win the case.

[Kenny91]

Hi all,

Not a great start to the month with a Letter of Claim issued by Overdales for the Lowell debt.

What would be the best course of action with regards to the reply, assume tick Box D on the LBC reply form?

Would now be a good time to send a SAR to Stepchange who handled the debt for many years and/or send a SAR to Capital 1 and/or SAR to Lowell?

Any advice appreciated.

K91

Edited original post to reflect letter's correct term.

[Roger]

Hi all,

Not a great start to the month with a Letter of Claim issued by Overdales for the Lowell debt.

What would be the best course of action with regards to the reply, assume tick Box D on the LBC reply form?

Would now be a good time to send a SAR to Stepchange who handled the debt for many years and/or send a SAR to Capital 1 and/or SAR to Lowell?

Any advice appreciated.

K91

Edited original post to reflect letter's correct term.

Contact Colin G Quinn

[The Tech Clerk]

Contact Colin G Quinn

Definitely have a chat to him

[Kenny91]

Thanks both,

I'll contact Colin at the start of next week and discuss the best way to proceed.

I need to dig out some paperwork first so will spend time over the weekend on that.

I found some paperwork last night and can see the account was only passed to Lowell a few years ago by Cap 1 so any assignment chain is likely to be short.

Will update once I've spoken to Colin.

K91

[Kenny91]

Hi all,

Quick question as sorting out mounds of paperwork (largest debt to smallest, so yet to reach Lowell's bits and pieces), but I've come across a letter and account statement from a few years ago from Arrow Global Guernsey Limited (AGGL) that is headed "Remediation of Account".

The letter (which involves Debt No 1 of my Diary) states following an internal review they failed to provide statutory notices concerning regular statements for a 6+ year period and are now playing catch-up. (Note, no interest or charges were ever applied to the account since it was assigned to them a decade ago).

I know AGGL can't take legal action, but if they were to sell the debt on at some point and the new owner starts cage rattling, would AGGL's failure to provide the statutory notices count in my favour, even though their letter claims their subsequent actions have rectified their errors?

Thanks,

K91

[Roger]

Well AGGL's problem is set out here in Niddy's comments.
".. 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. .."

[Timewilltell]

To put it in perspective, there is a chain of events that must occur through the life of an agreement, these events are statutory and therefore a legal requirement, whether this be statutory notices or correct legal assignment.
now given that most Debt purchasers are issued minimum documentation on purchase, if any, then they are already on a back footing and without the correct paperwork to start with then production of it thereafter must be difficult for them to say the least, this is without what they are required to do under law of assignment.
so if one fails to comply then sells to next one the new owners are doubly up against it as now they have no idea what has or hasn’t been issued?
hence why we advise for Silence, let them make their mistakes unaided, you only need to expose them when the time is right.