Loopyloo UE Diary

[Loopyloo]

Hi all thought I would start this diary so I can keep track of everything. I'm in Scotland so aware SB is 5 years, it's not far off with my debts so looking to do as much as I can to stall them starting court action.

HBOS Loan
£5600
Opened - 4/01/07
Last payment - 25/03/2009
Not paying
Owned by 1st Credit
Cca sent by Yuil & Kyle solicitors March 2012, wrote 1st Credit an angry letter about it and never heard from them since. Basically pointed out that the 2 signatures on the agreement were completely different and clearly not done by the same person ie me. Also pointed out that on the agreement it states a £50 courier fee will be collected on payment month 3, on statement of account there was no £50 fee added or taken separately - will email Niddy so that he can have a look.

HBOS Credit Card
£3500
Opened - 15/09/2005
Last Payment - approx March 2009
Not paying
Owned by Lowell's
Lowells are in process of sending cca.

HBOS Current Account
£2900
Opened - 06/09/2000
Last Credit into account April 2009
Owned by Lowell's - not paying
Getting ready to send overdraft cca request to Lowell's.

Barclays Credit Card
£2300
Opened - 03/10/2006
Last Payment - May 2009
Owned by Lowell's but they have also just instructed Debt Manager to collect the debt. Will cca request debt managers once I have received a couple of letters from them.

I have also sent a SAR to HBOS so I can establish exactly when last payment days were, and for information I might need.

[Never-In-Doubt]

Re: Loopyloo UE Diary

well done, seems you're in total control.....

[PlanB]

Re: Loopyloo UE Diary

I'm in Scotland so aware SB is 5 years, it's not far off with my debts so looking to do as much as I can to stall them starting court action.

. . . . . . I have also sent a SAR to HBOS so I can establish exactly when last payment days were, and for information I might need.

You are definitely on top of the situation. But you must keep a very close eye on Lowells who have three of your debts because they are prone to issue statutory demands when they get tired of letter writing and you are a homeowner. The good news is that in Scotland the minimum amount owed on a debt for bankruptcy (aka Sequestration) is set at £3k whereas it's only £750 in England & Wales. However now that Lowells own three of your accounts they can bunch them together to exceed that minimum level.

http://www.aib.gov.uk/Services/Legis...orsapplication

[Loopyloo]

Re: Loopyloo UE Diary

Yeah it's the 2 HBOS debts with Lowell's I'm most worried about, they bought the debts in July. I have basically just ignored previous dca's, but with Lowell's/Hamptons their letters were getting more aggressive so thought I better respond somehow. On their made up notice of assignment that is meant to be from HBOS (do they really think that I believe that's from HBOS!)they have made an error with the HBOS account number for the credit card, so technically they haven't provided notice of assignment on the credit card, but I'm guessing as they no longer have to send out these notices this would be irrelevant.
Strange though as they have never actively pursued the Barclaycard debt, and then I came I home to a letter today advising they were passing it on to Debt Managers ( never heard if them until now, and I've heard from a few over the years!) but I'll just ignore their first few letters then fire of CCA request.

Hopefully I can just stall them, but I take it if Lowell's do provide an enforceable agreement for credit card there won't be much I can do. Are there any other ways I can draw it out a bit longer? In fact I should just wait and see what they send first and stop getting a head of myself!

[Loopyloo]

Re: Loopyloo UE Diary

HBOS Credit Card
£3500
Opened - 15/09/2005
Last Payment - approx March 2009
Not paying
Owned by Lowell's
Lowells are in process of sending cca.

25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons for collection.


I never formally requested Lowell's to send CCA, is that possibly why they are still sending collection letters? Not sure whether to remind them that account is on hold or wait until Fredricksons take over and start sending me their letters and remind them then, or formally request CCA with them? Any thoughts?

[Undercover Elsa]

Re: Loopyloo UE Diary

I'd procrastinate while keeping a close eye on the tone of their letters. Wait and see what Freds say, keep us informed and send a formal CCA request when they look serious. Only got till next April to sit it out...

[Loopyloo]

Re: Loopyloo UE Diary

Thanks Elsa that's what I thought too. I'm quite happy for them to pass it around in circles, Im hoping it would be a benefit to me. Will keep an eye on Fred's letters when they start coming in.

[Loopyloo]

Re: Loopyloo UE Diary

HBOS Current Account
£2900
Opened - 06/09/2000
Last Credit into account April 2009
Owned by Lowell's - not paying

04/11/13 Letter received from Hampton's, identical to the same one they sent me 2 weeks ago. " I have left them no option so they are looking into potential court action. Do I know the consequences of sequestration Etc etc"
06/11/13 Sent Hampton's the bank account CCA request letter.

Does the bank account CCA letter apply though, as this account was opened ages before 2010?

[Pixie]

Re: Loopyloo UE Diary

I've used it more than a year ago for mine which was open looooong before 2010.

[Loopyloo]

Re: Loopyloo UE Diary

Ah well, see what they come back with!

[Loopyloo]

Re: Loopyloo UE Diary

Well today I received my SAR from HBOS. Everything seems to be there, no default notices or NOA though - but I was pretty sure Lowell made these notices up themselves. Surprised no default notices though as I did request them.

The credit card agreement is signed by me, no signature on behalf of the bank though, no account number. Not sure if all the prescribed terms are correct - no credit limit, only that they will decide a limit. There is a small paragraph mentioning charge for credit based on £1500 - which was not my opening credit limit. Guess I'll wait and see what Lowell's send as part of my cca request to them, then forward what they send to Niddy.

Regarding my overdraft, seems I wrote to them in June 09 asking them to refund charges and stop interest due to financial hardship. Take it that would be seen as an acknowledgment of debt?

Kind of makes me sick looking through it though, at all the amounts I've paid them in PPI over the years! Then there is a letter from them regarding a claim I made against the PPI in 2009 that was declined. Maybe if the PPI had paid out I wouldn't be in this bloody mess!

[Loopyloo]

Re: Loopyloo UE Diary

HBOS Current Account
£2900
Opened - 06/09/2000
Last Credit into account April 2009
Owned by Lowell's - not paying


04/11/13 Letter received from Hampton's, identical to the same one they sent me 2 weeks ago. " I have left them no option so they are looking into potential court action. Do I know the consequences of sequestration Etc etc"


06/11/13 Sent Hampton's the bank account CCA request letter


16/11/13 Letter received from Lowell's - Advising they have requested 'statements' from HBOS, it may take some time, account has been out on hold and there is no need for me to contact them again regarding this matter.


They can take as long as they want, I ain't in no hurry! But they they are required to send me more than statements to comply right?

[Never-In-Doubt]

Re: Loopyloo UE Diary

HBOS Credit Card
£3500
Opened - 15/09/2005
Last Payment - approx March 2009
Not paying
Owned by Lowell's
Lowells are in process of sending cca.

25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons for collection.


I never formally requested Lowell's to send CCA, is that possibly why they are still sending collection letters? Not sure whether to remind them that account is on hold or wait until Fredricksons take over and start sending me their letters and remind them then, or formally request CCA with them? Any thoughts?

This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?

Hence it is UE.

[Loopyloo]

Re: Loopyloo UE Diary

This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?

Hence it is UE.

Yeah

[Pixie]

Re: Loopyloo UE Diary

Hence it is UE.