Malamute UE Diary

[ken100464]

Re: Malamute UE Diary

Yeah calling them muppets could be a tad upsetting for them

So the AAD template is of course the best option

[Enforcer]

Re: Malamute UE Diary

So polite, not my way, I would personally write to tell them to, OK, send em the template. No chance of payment.

[malamute]

Re: Malamute UE Diary

So polite, not my way, I would personally write to tell them to, OK, send em the template. No chance of payment.

Very tempting to be rude......

[Pixie]

Re: Malamute UE Diary

Just because they can't find a cca doesn't mean that they, or other dcas, won't chase you for money. However, it does mean that they can't take you to court unless they find one.

[malamute]

Re: Malamute UE Diary

Just because they can't find a cca doesn't mean that they, or other dcas, won't chase you for money. However, it does mean that they can't take you to court unless they find one.

Thanks for confirming this I thought that was the case.

I'm going to adjust the letter as suggested. They said in sept they were closing the account "as lloyds have advised them that the cca is no longer available due to the length of time since the account was opened" now they saying I still have an outstanding balance, but have not provided the agreement.

[malamute]

Re: Malamute UE Diary

ok so Lowell replied.....they took my letter as a complaint and i got a complaint type response basically saying

"I must stress that if an account is deemed I enforceable it would not necessarily render it invalid. Subsequently the default remains and the balance remains outstanding."

I'm annoyed because they tell me in Spetember that there is no agreement and they are closing my account only to tell now that there is a balance outstanding - how can there be if they closed my account.

Any suggestions on what I can send back if any?

Ignore it?

[malamute]

Re: Malamute UE Diary

any suggestions on my lowell account?

The balance is only £1955 - anyone else been told that a DCA is closing the account but leaving a balance? confused?

[MrsD]

Re: Malamute UE Diary

it will run until it becomes SB,just because they can't find anything and have closed the account just means you've wrestled them to a standstill, it's still got to get to SB to be over, the default will fall off 6 years from when issued and there will be no trace on your credit record, be happy, it's a good place to be sliding down towards SB

[SaltnVinegar]

Re: Malamute UE Diary

The balance is only £1955 - anyone else been told that a DCA is closing the account but leaving a balance? confused?

So if an account is UE it means that it cannot be enforced by the courts. However legal precedent dictates that the creditor is still allowed to conduct "collection activity" and also report the conduct of the account to the credit reference agencies.

So all Lowell are saying is that even though they may close the account (i.e. they are not going to bother with "collection activity"), it doesn't mean there is not an "outstanding balance" (whether it be with Lowell or not) and it doesn't prevent them from reporting a default with the CRA's so this also remains.

It also doesn't prevent them from passing on the account to another DCA...

I'm in a similar position with Lowell on several shop direct accounts and waiting to see if they do actually write off the accounts or sell them to another DCA (which is the more likely).

[SaltnVinegar]

Re: Malamute UE Diary

it will run until it becomes SB,just because they can't find anything and have closed the account just means you've wrestled them to a standstill, it's still got to get to SB to be over, the default will fall off 6 years from when issued and there will be no trace on your credit record, be happy, it's a good place to be sliding down towards SB

Exactly

It just means that before you may have been easy pickings, now, if you hold your nerve, you're far more trouble than your account is worth. Basically they have no leverage over you now (unless they retrospectively provide an agreement).

[malamute]

Re: Malamute UE Diary

Gotcha!

Thanks all - just seemed confusing.

I'll leave this one alone. Default due off 15 Jan 2015 and statute barred August 2017.

tick tock......

[malamute]

Re: Malamute UE Diary

Lloyds visa credit card – Credit Security - pre 2007
Balance - £2874 defaulted Jan 2009
August 2011 - Sent CCA Request
Sept 2011 CCA received -
Blagging it for time - Sent CCA Query - Missing Prescribed Terms
Dec 2011 – New DCA – Moorcroft demand full payment with 3 days notice…..sent Threat by Creditor - To Commence Litigation
Dec 2011 Letter from Moorcroft putting account on hold - sent no response
Jan 2012 - Moorcroft chasing for reason why I think I'm not liable for the account - IGNORED
June 2012 - letter from Lloyds telling me that the account has been passed to iQor - IGNORED
July 2012 - letter from iQor requesting contact to set up payments or they will start proceedings - sent Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
July 2012 - letter from iQor stating that it is critical that I get in touch to receive a substantial discount for settling my account now - IGNORED
Sept 2012 - Letter from Gpb Solicitors on behalf of iQor saying they will commence action - Sent Our Templates | Unenforceability Templates | Repeated Threat by Creditor - Enough is Enough Response
Sept 2012 - Letter on Lloyds headed note paper containing iQor address at the top listing payments made since default - IGNORED
Sept 2012 - Letter from GPB solicitors - giving me 10 days to make full payment before proceedings - Sent Threat by Creditor - Threat-o-Gram Letter Before Action
Nov 2012 - Letter from iQor "Doorstep Collection Notice" - Sent Harassment & Threat of Doorstep-Visit

ok so this one has woken up!

Random letter from Lloyd's Bank "Recoveries"

Gives opening balance of £2849.78 and closing balance of £2849.78

"if you cannot pay off the full amount amount outstanding, we will allocate your payment to the outstanding balance in a specific order which is set out below. The way in which payments are allocated can make a significant difference to the amount of interest you will pay until the balance is cleared completely

Allocation of payments
since no interest and charges are being applied to your account, your payment will be used to pay off your outstanding balance"

not heard on this account since 2012, no payments sent so not sure why they referring to a payment ........

v v strange but not sure anything to send....

[Deepie]

Re: Malamute UE Diary

ok so this one has woken up!

Random letter from Lloyd's Bank "Recoveries"

Gives opening balance of £2849.78 and closing balance of £2849.78

"if you cannot pay off the full amount amount outstanding, we will allocate your payment to the outstanding balance in a specific order which is set out below. The way in which payments are allocated can make a significant difference to the amount of interest you will pay until the balance is cleared completely

Allocation of payments
since no interest and charges are being applied to your account, your payment will be used to pay off your outstanding balance"

not heard on this account since 2012, no payments sent so not sure why they referring to a payment ........

v v strange but not sure anything to send....

I'd ignore it for now if it were me........

[malamute]

Re: Malamute UE Diary

Thanks Deepie!

I'll file and ignore that one....and wait on next postal delivery!

[happy_bunny]

Re: Malamute UE Diary

Someone on MSE had a similar letter from Lloyds after hearing nothing for 3 years.

Maybe they are having a review of accounts or something like.