Back again.

found letter from Stewart Barnes Associates,

dated post dated 31 March, only just found it.

States that person is coming to my home tomorrow to serve me with this Statutory Demand for Bankruptcy.

A couple of years ago I wrote to one of the debt agencies that bought this debt if they could produce a CCA,

I received a letter stating that the original company did not have a CCA.

Since then there have been many debt collection agencies that have written.

I have not acknowledged the debt and no payment made for about 18 months to 2 years,

I will have to check dates as I cannot recall the last payment.

Of course I am now concerned that Cabot are now trying to hit me with this demand.

If indeed it is Cabot and not some other debt collection agency,

as they all tend to state that they are working on behalf of Cabot.

I am most concerned about this person coming to my home tomorrow I happen to have taken tomorrow off to try to finish some repairs to my home,

I am tempted not to answer the door if this person turns up as normally I wouldnt be home anyway.

what on earth should I do?

How should I proceed if they issue me with this statutory demand?

I know I wont be sleeping much tonight.

All advice most welcome, should I again ask for a CCA?

but I am not sure who has this debt now anyway,

it was for an unsecured high interest credit card taken out in 2005/2006,

interest charges were crippling me and I just couldnt keep up the payments.

Poppay

Brief overview, Asda credit card issued by Creation several years no problem then Asda closed the card, I got ill no need to labour it but it has left me disabled and mentally ill and unable to pay them.

I wrote to Creation explaining everything, I answered one telephone call and told them I could not afford to pay, I remember they came out very aggressively with threats I put down the phone and blocked the number, Equivo letters arrived, they have tried 108 times since then to call me all blocked even though I told them by letter I would not talk to them and only deal by mail.

In march 2022 pre court paperwork sent from Equivo, I answered it and filled in I would defend any such action, I requested all the paperwork they had and it did arrive some 90 days after the request.

since then we have had back and forth letters stating their client needs this information and that and I have tried to accommodate them, always requesting the debt be written off but the last letter has threatened to continue legal path and obtain a lean on my property.

I have always followed CAG reading and taking the advice and I think I have covered all the bases but can they apply for a lean on property without me defaulting on a court order?

If it goes to court and I loose I will make an offer to pay a small amount each month but can they apply if I maintain that order?

Any advice would be appreciated

I get the odd letter now and again from ACI but they mainly email me.

They did get Resolve Call involved and sent someone to my address.

Nobody was in so they left a card, their latest tactic email came today to say my 21 days are almost up for another RC call to my house with a charge added to my debt because they are using them at my cost. again. 

I wont be in or not answering "they may start the litigation process" if the RC fails to get an answer from me.

This is for an unsecured loan for £1600 (£3468) with interest it's been a debt now for maybe 2/3 years and was finally passed onto TM Legal sometimes late last year. Its a long standing debt to go with other debts I had a while ago.

Ignored them for a long time before TM Legal took over. I've searched the forums and not seen these guys pop up before.

They've sent me a LBC form. I've filled it out with a section 78 request form asking for more information which is the usual, default notice, CA and NOA. Recorded of course, they got it on the 26th

I've had a couple of letters off them, mainly emailing me daily and they've sent Resolvecall out on the 25/4 but the wife told them to go away.

I got an email from them today saying that if I hadn't contacted them by 18.00 today (27/4) then they'll have to take it to court, I guess they haven't logged my response to them yet from the LBC I sent.

I can see DX rolling his eyes now at me.

I'm a bit more savvy this time I hope

Lets see how it goes.

Entered into some financial difficulties a while back and the debts are piling up, I have now got Lowell chasing 4 separate debts, so will create thread for each???

This one is 118118 a fixed term loan for an outstanding balance of £2485.92

I wrote and followed the procedure and requested the CCA and they have responded with the following, I'll type this as my scanner is broken:

Dear ********

Thank you for contacting us about this account.

We enclose a copy of your credit agreement with 118 118 money. This is a reconstituted agreement - which includes all prescribed terms as required by the Consumer Credit Act 1974.

We also enclose copy statements.

We have included a Frequently Asked Quesitons sheet which, hopefully, answers any queries you may have regarding these copy documents.

We trust that this now answers your query and look forward to hearing from you to discuss affordable repayment options.

If you do have any further questions, please call us on 03335565733 or email post@lowellgroup.co.uk.

You can also view information about your account(s) on our website at www.lowell.co.uk

Your sincerely

Sarah Sargent

UK Director of Customer Experience

received a claimform from Solaris Law on behalf of Azzurro who took over a debt from Cap on Tap which defaulted when I missed a couple of payments.

I was running a LTD company at the time which is now dissolved

this was a company loan for around £1500 , paid back around £200 , missed a couple of payments, Cap On Tap defaulted it and shifted it on pretty quickly.

This was about three years back and since then have received a couple of usual threat letters from Azzurro which were binned

claim form arrived dated 3rd Jan.

I have done the AOS on the 9th Jan and in the process of sending off CPR requests to Solaris law

. It is a long time since I last posted here on court action

looking for some advice on posting up a defence in relation to the above.

The cut off date to return defence is 31st Jan by my calculations. 

I will post up the POC details 

Had a BC a/c for many years, decades actually, and was struggling to repay in 2018

they agreed to stop interest and all contact for 1 year.

Never heard anything more from them and then got a letter this week from LC Asset saying they had been assigned the a/c from BC and that they have appointed Link Financial to act on their behalf.

Also received a text from Link yesterday, not sure how they got my mobile but assume BC passed it on, I did not think they were allowed to do that under GDPR.

I'm not sure but I think this may be an old Egg card debt that BC took over,

I had 2 BC a/c's, one was from Egg and one I already had but this was donkeys years ago

I am not sure now which was which.

I've read a few posts where people have asked if they were Egg a/c's so did not know if this was relevant.

As yet I have I have not made any contact with them and the way I see it is my 1st step should be to send a CCA request,

my question is

as we are all in lockdown and due to the circumstances we find ourselves in should I try doing this via email first?

I live in an area of London with a very high R rate and really do not want to have to go queue in a post office unless I absolutely have to.

I was thinking if I email they either accept it & reply or if not I will send a letter.

Any thoughts please?

Thanks in advance for reading and any help & advice you can give

Paul

My proposed email:

(template removed - dx)

The defendant failed to repay overdrawn sums owning under the terms and conditions of the bank account 

the debt was legally assigned to the claimant on 29/07/20, notice of which has been given to the defendant The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £12.64

The claimant claims the sum of £170.60.

I emailed them weeks ago telling them I had no knowledge of this debt and they replied that it was for JD WILLIAMS with the exact sum above and exact acc number, that’s how I know it’s for 1 debt only. 

I am stumped by a sudden Northhampton CCJ claim from Lowell over a Vanquis credit card from over 4 years ago. 

I've probably done myself no favours either by not researching a lot before responding to court papers!

I received a court N1SDT claiming a debt to Vanquis but was legally assigned to Lowell portfolio I Ltd in 2019. This was the first i've heard from Lowell or Overdale solicitors representing them. I did a bit of research and realised there was some documents I should have received prior to a CCJ request and also that they haven't provided anything in the way of proof that I owe a debt.

i've already legitimately responded to the court papers saying I dispute the claim as it's the first i've heard from Lowell until the claim form and that I have not had a chance to request a copy of the credit agreement and would like to do so. I'm pretty sure it's the same Vanquis card where I sent them a prove it letter years ago and they disappeared.

They have responded a "without prejudice save as to costs" letter saying they receive a copy of my defence where I am disputing the claim on the grounds of not receiving any paperwork in respect of the claim and not had opportunity to request a copy of the credit agreement.

They then list a date of 05/2015 on or around account opening (inaccurate). Last payment in 02/2017 (inaccurate) and have requested documents from the original creditor and will forward them to me. I checked my credit report I see a Lowell debt with a default date 05/2018 nothing from Vanquis? Surely they wouldn't take 15 months to default a credit card? They have however been advised by Lowell to continue the court action and receive directions questionnaire which I have received today.

its a letter and a form saying they have agreed to mediation and would I like to settle direct they invite me to put forward a sensible offer.  The form doesn't even have the box ticked they want mediation. It doesn't tick yes or no to the small claims track. It simply says they request the venue of the hearing to me a telephone one which they will endeavour to arrange. The rest is blank/empty boxes.

What is my next best move? I don't think I kept a copy of the original prove it letter I sent to Vanquis nor can I find record they cashed my £1 cheque. I do remember telling them to delete my phone number from the records due to the sheer amount of phone calls they were bombarding me with. It seems like they complied and sold the debt to Lowell without informing me of anything.

TIA for help

Like most people here I'm looking for some advice and haven't found a similar question already posted.

I ran into financial hardship in 2012 and struggled to meet the minimum payments to a Halifax credit card.

 That same year service was withdrawn by the bank and I entered into a peppercorn payment plan that I paid for a number of years.

 After sometime the debt was sold to Lowell and I actually #cringe continued to make payments.

In 2018 I wrote to them explaining I wouldn't be working due to health complications and made them a full and final payment offer which was rejected.

They wanted me to raise my payments even after I provided evidence I was in the red at the end of each month and living off of support.

At that time I was fed up, felt harassed and stressed so wrote back stating that I've tried to work with them its going no where so I'm not making any more payments and I wont be corresponding with them again.

Over the years since this they'll periodically write and I'll ignore.

I did move, they found me and started sending letters to my new address.

I've had several we're considering referring to solicitor letters from them. 

Last week I received a 'Notice of Acting' letter from Overdales Solicitors.

As per advice here I'm still inclined to ignore unless its a 'Letter of Claim'

Over the weekend I did a credit check and there's no defaults in relation to this card, its not even listed as an old account.

Could it have been removed because of the age of the debt?

Is it possible they could still legitimately take me to court for this balance or are they trying new scare tactics for me to make contact?  

You're advice and experience would be appreciated. 

Much thanks. 

Have I posted this in the right place?

October last year I was contacted by link financial regarding one of my debts from a loan I had with better borrow. 

They sent one email asking to contact them.

now there was a bit of confusion on my part as I thought I was already paying via a different collection agent, so I ignored. 

In November I then received a notice of intention of legal action via Kearns solicitors.

I then emailed link asking for clarification regarding if they have purchased the debt and if so I would like to offer a repayment plan with them. 

I never heard anything else from either link nor Kearns. 

fast forward to yesterday and I have now received the court proceedings paperwork in the post. 

I contacted link who said it’s out of their hands and that I’d need to speak to Kearns. 

they also acknowledged that they received my email but they don’t communicate via email hence they sent an income and expenditure form in the post of which I coincidentally never received. 

I then contacted Kearns who said the same, they do not communicate via email and that it is too late, and I have to submit the court paperwork in order to do a repayment plan! 

I have had a look through my emails and letters and voicemails on my phone and the only communication I have had is one voicemail 25th January this year, which cut off the start so I couldn’t even tell who it was calling me until I matched the number with Kearns just now!! 

my question is,

am I right to feel like they haven’t adequately communicated with me in order to set an arrangement before submitting an application to court? 

I have sent a complaint to the head of operations at Kearns and await a response. 

In hindsight maybe I should have persevered and contacted them again, but I sent the email to link back in November asking to arrange a repayment plan. 
then kind of left the ball in their court, with Xmas just around the corner, caring for my partner who recently had a stroke whilst fathering an autistic daughter and managing a full time job.. it unfortunately wasn’t the top of my priorities! 

just unsure what to do and feel rather anxious and stressed 

thanks in advance 
 

Was contacted by erudio last year about the change of ownership.

i didnt want to sign the deferment letter.

Came on here read up and decided to request my CCA for the loans back in October.

No response only threatening letters. i sent a second response and no reply.

They eventually wrote to me in december saying they will look into my request.

I heard nothing until today - they have actually sent me a copy of all my CCA's, signed.

Wondering what are my options here? They did not comply to the 14 days from my request.

The date of the loans are 97, 98, 99 and 2000

HOWEVER - of all the CCA's, there is a few things:

- only 1999 and 2000 are signed the others are blank

- 1998 only has the DD section ignored

- only 1999 is signed by an official from student loans

They are photo copies though. but the others do look completely blank

Thanking you in advance

I took out a student loan while at uni during the 1997-2001.

I cannot remember paying or not paying towards the loan.

As I understood it if you are earning £2318 or less per month (as stated on the letter sent to me by honour student) you can defer payment.

I was made redundant in November 2010 and I am now self employed since January 2012.

I have not been responding to their letters for the past 6 years or so as I am not earning close to that amount.

I received a claimform through the post on the 15th of October from Northampton Court that I am owing £6236.16

Out of panic and confusion I didnt do anything

this morning I log on to the MoneyClaim website where I filed and sent off the Acknowledgement of Service that

"I intend to defend part of this claim.

As I only have 14 days to do so as I do not want judgement to be entered against me as I believe the amount I owe is way less that £6236.16.

My confusion is that I dont know what to do now.

Please any advice/information will be well appreciated.

Thanks

I sent the letter to prove the debt 14/05/24 recorded next day delivery.

I then received a county court pack on 25/05/24. I've not yet received anything from overdales re proof of debt.

Must have crossed paths.

The clock is ticking to return the pack.

What next step 

TIA 

I'm just getting this thread started as I only have until tomorrow to respond to the moneyclaim I'll update with all the details as soon as possible.

To summarise, I have received a moneyclaim from Lowell for an old next debt.

I'm sure something similar happened about 7 months ago and I sent a CCA only to receive a letter saying they couldn't provide anything at that time then about a month later they sent something that resembled an agreement.

I'll need to respond to the moneyclaim tonight and then all for any documents I've received.

I'm sorry for keeping this brief but it's just intended to be a thread starter while I get all the needed information.

I would appear I have more people chasing me than first listed.

Apologies for this but I had a Very account for £2292.20 that was sold onto Lowell and Overdales, who sent me a PAPLOC request earlier in the year which I replied with all the usual, sent off CCA request etc.

They responded on 07/03/24 with the attached.

I guess i forgot to list this here nearer the time, They have sent me another PAPLOC request. 

Could you please give me your thoughts on what they replied with previously and what I should do next?

.

2024-03-06 overdales paploc reply return.pdf

Apologies if I am posting in the wrong forum, but this relates to a thread from here:

Could someone clarify to me how section 87(1) of the CCA specifies that a default notice must be served for each agreement in this case? How does it stop a company bundling together multiple agreements and issuing only a single DN for all of them together?

I recently entered into a payment plan with overdales, after reading a few posts on here I now realise it is the wrong thing to do!

I have made 1 payment and have a recurring payment plan set up with them. 

Originally the debts were with Lowell and then passed onto overdales for further action. 

I owe a total of £4000 across 3 debts 

I have looked at my credit file and have noted that they are recorded with lowell and due to hit 6 years in April 2024, May 2024 & Dec 2025.

It is my understanding that after the 6 years the accounts will move to closed. 

If I decide to not pay overdales can they still chase me for these debts? 

Can they re-register them on my credit file? 

What steps can I take?

I am finally seeing my old defaults reach the 6 year mark and I don't want new ones popping up. 

Any and all help is appreciated. 

Thank you 

Jb 

Should I try and defend this claim even though it is quite recent and is it different to other debts as this is for electric and gas ( I have previously had other claims discontinued) or is it the same process as before. 

Lowells have two debts of mine for the last couple of years.

Brief break down on what happened in 2015 - 2016 I moved house and then had a down turn in work (self employed) and could only pay for essentials.

I did have a DMP which was paid till 2018.

One of them was for Studio card and wasn't on my DMP, the last payment to them was June 2015 and was defaulted in Jan 2016. When will this debt be Statue Barred? I am confused as it it seems to have changed lately. 

Lowells have been sent a CCA for this one and couldn't produce one.

The other one was with Vanquis and was paid via DMP at £5 till 2018 when I couldn't pay anything, the last full payment was June 2015 and then the reduced payment was paid until 2018, this one wasn't defaulted till 2018 is this right?

I've sent a SAR to Vanquis to see all the details they have etc.

I did not own a Barclaycard in 2000 so I know this is not true. 

The CCJ notice was sent to an old address so I did not receive it. 

Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   

As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   

I won the case and the CCJ was set aside. Link then filed to court again to make me pay the debt. We both filed directions questionnaires and the judge allocated the claim to the small claims track.

As part of the directions, additional directions given were as follows '

Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     

The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.

I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday. 

This does not give me much time to prepare my witness statement.   

I have never done anything like this before and I am unclear what my witness statement should include. 

My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   

I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   

Should I include these as an appendix? 

Are there any other documents I should include in my bundle?   

I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   

Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't?

Many thanks

Louise

Im Helping out a family member who has just received a claim form from Overdales Solis for a capital credit card of £3000. Taken out approx 2018

He was making payments until last year of 50 a month until he lost job.

CAB have advised eligible for a DRO

is it worth defending ?. Having a read through forums it seems they usually have paperwork in order these days or should I just offer a token payment. 
 

what are my next steps?  The defendant does have some mental health issues so whether or not they will be able to defend themselves in court is another issue

Thanks
i 

The amounts is about £260 odd, but more annoying that anything, it states the amount includes up to end of March 2025. 

in other words, part of their claim is for rates not yet due but as much as 6 months in the future, surely this can't be right or legal to make a legal claim in court for a CCJ for an amount to include monies not yet due for up to several months?. 

As there is to my knowledge no legal obligation under threat of legal action to pay the likes of United Utilities in advance like this that they in the last week have issued court action for the arrears and charges to include 6 months in the future?.

If so they have falsely claimed an amount not due and have not stated what the arrears actually are as of the date of the claim alone that we can't work out.

Added to that, I'd say United Utilities have failed with both pre action protocols and their own code of practice with regards to this action.  As she has received no pre court action warning, no red\final warning and no contact for months let alone been provided with the particulars of the claim. 

My partner last heard off them months ago by phone when they called her where she explained as a registered disabled person she has health issues and is registered with other utility service providers as a priority support required and often struggles to get out. 

Added to that she has previously contacted them as she often receives different bills for different amounts for the same period. 

It's like they are suggesting we are on 3 different tariffs and can't get clarification of which 1 is correct.

Any advice in this?,

as if she responds to the court papers I guess to tick and defend all of the claim in the first instance?. 

But maybe also try to speak to United Utilities to ask why they decided on this action without any pre action protocols or code of conduct being followed. 

But I'm stumped on why any court claim like this can include future service charges for up to 6 months in advance!.

I've had a debt with barclaycard for a few years, the account was defaulted over a year ago and I have been paying them an agreed token monthly payment (£10).

They have written to me to say they have now transferred the debt to PRA group and I should continue to pay them.

It says any payment arrangement will stay in place for at least 6 months before they 'review' the account.

I was quite happy to carry on paying BC, with a view to eventually paying off the full balance (just under 7k) but selling it on has annoyed me and I hate paying these leeches who have probably paid less than 10 in the pound for the debt

.Is it worth sending them a CCA request straight away or leave it for a bit in the hope they will lose any paperwork in that time?

I’ve changed addresses a couple times from the original one and only sporadically collected post via a service from that address.

 It’s a £5000 debt for a pre 2007 credit card, which I’ve stopped payments for last year after a nasty divorce.

I thought this one would just run it’s course and fall off in a few years.

1. looks like I’ve got 14 days to respond - Is that correct?

2. should I contact PRA saying I’ve not had any correspondence, etc, and ask them to halt proceedings?

3. will ignoring this letter is a valid option? it’s not special delivery or anything

4. I could respond to their ‘letter before claim’ sent during the Christmas break, only just now received, requesting all the particulars (cca, etc). with the claim letter issued, is that a waste of time?

kind of at a loss here so could use some help!

Do update on status on what happened, me and my roommates are going through something similar and this is helpful information to understand.