Digby's ue Diary

[Hughie]

Re: Digby's ue Diary


...

[Digby]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday
5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%
16.6.2015Sent 'missing prescribed terms' letter
19.6.2015 Letter from Lowell's stating that Newday have supplied them with a true copy of the credit agreement and although the copy credit agreement supplied did not include my signature they feel it satisfies their obligation. Also says that Newday would not have allowed credit facility to be opened or utilised without a signed application so say it satisfies their obligations under the consumer credit cat 1974. Asks me to contact within 30 days with payment proposals.
Lowell's have written about three times since then offering approx 15% reduction on full settlement and possible to pay by instalments which I ignored to see if they would come up with something better.
26.10.2015 Letter from Lowell's saying now passed to "Lowells Solicitors" (in house I guess) and all correspondence should now be to them.
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting" saying they have been instructed by Lowell's and I must contact them to make arrangements to pay or advise of a valid reason for withholding payment. Said could pay by instalments and will not be asked to pay more than I can afford.

Any advice welcome. They have described it as a Newday account again and I have wondered about saying I have never opened a Newday account to delay things a bit?

[Digby]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday
5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%
16.6.2015Sent 'missing prescribed terms' letter
19.6.2015 Letter from Lowell's stating that Newday have supplied them with a true copy of the credit agreement and although the copy credit agreement supplied did not include my signature they feel it satisfies their obligation. Also says that Newday would not have allowed credit facility to be opened or utilised without a signed application so say it satisfies their obligations under the consumer credit cat 1974. Asks me to contact within 30 days with payment proposals.
Lowell's have written about three times since then offering approx 15% reduction on full settlement and possible to pay by instalments which I ignored to see if they would come up with something better.
26.10.2015 Letter from Lowell's saying now passed to "Lowells Solicitors" (in house I guess) and all correspondence should now be to them.
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting" saying they have been instructed by Lowell's and I must contact them to make arrangements to pay or advise of a valid reason for withholding payment. Said could pay by instalments and will not be asked to pay more than I can afford.
Any advice welcome. They have described it as a Newday account again and I have wondered about saying I have never opened a Newday account to delay things a bit?
30.10.2015 Lowells Solicitors "letter of claim" (think it might be an lba?) dated 28.10.2015 giving 14 days to pay or court action.
Should I offer them £1 a month?

[nightwatch]

Re: Digby's ue Diary

If it is threatening a claim then send the LBA template off ASAP, it points out in that that you have made a CCA request but it has not been fulfilled, also that you are requesting Docs

let us know straight away what comes back

good luck xx

[PlanB]

Re: Digby's ue Diary

Asda/Santander/Niceday

Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200

10.02.2015 CCA request sent

27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue

30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%

26.10.2015 Letter from Lowell's saying now passed to "Lowells Solicitors" (in house I guess)
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting"

30.10.2015 Lowells Solicitors "letter of claim" (think it might be an lba?) dated 28.10.2015 giving 14 days to pay or court action.

Did you ever discover the exact date you opened this account ?

I can see the CCA has been declared enforceable.

Lowells rejected your F & F but I don't see whether you went back with an offer to pay by instalments instead.

Plan B x

[Digby]

Re: Digby's ue Diary

Did you ever discover the exact date you opened this account ?

I can see the CCA has been declared enforceable.

Lowells rejected your F & F but I don't see whether you went back with an offer to pay by instalments instead.

Plan B x

Account was opened Feb 2009, I haven't gone back yet with an offer of instalments, should I do that now?

[The Tech Clerk]

Re: Digby's ue Diary

to "Lowells Solicitors" (in house I guess)
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting"

Based in Northampton??

[Never-In-Doubt]

Re: Digby's ue Diary

Asda/Santander/Niceday

26.10.2015 Letter from Lowell's saying now passed to "Lowells Solicitors" (in house I guess) and all correspondence should now be to them.
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting" saying they have been instructed by Lowell's and I must contact them to make arrangements to pay or advise of a valid reason for withholding payment. Said could pay by instalments and will not be asked to pay more than I can afford.

Any advice welcome. They have described it as a Newday account again and I have wondered about saying I have never opened a Newday account to delay things a bit?

Newday bought the Santander & Citibank cards business. They own Aqua / Marbles / CitiCard / most of Santander (G E Money) store cards.

You have heard of them. We all have

[Never-In-Doubt]

Re: Digby's ue Diary

to "Lowells Solicitors" (in house I guess)
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting"

Based in Northampton??

All they are doing is replacing their old internal firm (Hamptons Legal) with an ABS called Lowells Legal or whatever

So yep still Norfampton

https://www.lowell.co.uk/who-is-hamptons-legal.aspx

[Never-In-Doubt]

Re: Digby's ue Diary

Account was opened Feb 2009, I haven't gone back yet with an offer of instalments, should I do that now?

Your call - either do it now or await mediation if they issue a claim. I'd not go in offering them anything unless a CCJ would affect your life - will it?

[PlanB]

Re: Digby's ue Diary

I'd not go in offering them anything unless a CCJ would affect your life - will it?

Digby is a homeowner so there might be risk of a Charging Order following a CCJ.

Plan B x

[PlanB]

Re: Digby's ue Diary

If it is threatening a claim then send the LBA template off ASAP, it points out in that that you have made a CCA request but it has not been fulfilled, also that you are requesting Docs

I agree with that because it will also buy you more time as well as request further documents which Lowells may not have since the debt was purchased from the original creditor.

They may have made some other errors along the line so why not send the LBA Response Template to flush out whether they've got a compliant DN, NOA etc.

The template is here http://forums.all-about-debt.co.uk/s...l=1#post495044

Plan B x

[Digby]

Re: Digby's ue Diary

First of all thanks to everyone for your advice so far, this is a difficult one but I feel at this stage that I would prefer to make a low offer of monthly payments/settlement. Just to clarify, I have received a copy of the cca, which Niddy confirmed was enforceable. While I give it some more thought I am going to root through all the paperwork to see if I received a dn and noa. Is it the case that even if I received them from Asda previously Lowells will still have to come up with the dn and noa themselves?
Am I right in thinking that I actually sent some kind of very small (e.g. £1) payment right now they could still instigate legal proceedings anyway?

Thanks again for all of your help.

[Never-In-Doubt]

Re: Digby's ue Diary

If you've received a DN then that's that. You get defaulted once.

Regards NoA - you get one each time it's sold-on. It's not enough to win a claim as they could remedy by discontinuing then issuing correct paperwork then reissuing a new claim (at their own cost).

If you'd rather avoid a CCJ then make an offer for £X per month and try and save a bit. After a few months offer a few hundred and see if they bite...?

[PlanB]

Re: Digby's ue Diary

Am I right in thinking that I actually sent some kind of very small (e.g. £1) payment right now they could still instigate legal proceedings anyway?

Yes they can I'm afraid, unless you pay the full amount they're asking.

But that doesn't mean they necessarily want to issue proceedings instead of accepting an offer because this will be in the Small Claims Court (only if it gets that far) where Lowells know they won't recover their legal costs even if they win unless you've behaved badly (conduct issues).

They also know they can't expect you to pay more than you can afford (they've referred to that in correspondence to you) or the FCA will be down on them like a ton of bricks.

Did they previously send you an I & E Form to complete? If you're serious about getting them to accept a £1 token payment you may have to convince them that £1 is all you can afford.

To work out your budget use this CAB tool where you can click on the *i* symbol to see the Trigger Figures which creditors are supposed to accept as reasonable expenditure https://nedcab.cabmoney.org.uk/quickfs.asp

I'm not suggesting you send this to Lowells but when you make an offer you may need to support it with facts and figures before they'll accept it.

Plan B x