Letter from Lowell Finance Ltd for a HBOS debt

[Doglover2000]

I hope you can help, I had a HBOS credit card which I defaulted on I was in a bad debt mgt plan which in have spend 18 months trying to sort out. In Jan 2015 I took over all payments myself and after two months of paying Robinson Way (who took over the debt a couple of years before) they cancelled the direct debit. I had SAR'd them and by doing that they refused to answer said the account was in dispute and passed back to HBOS. Until this week I'd heard nothing, so 14 months later a company called Lowell want me to contact them to arrange to make payments. My gut tells me there is something wrong with this account and I'm wondering if it's enforceable. The defaul date on my credit file is July 2010 so it's about to disappear off my credit file. I smell a rat, what should I do. I did a SAR of HBOS and they did send me a credit agreement with my signature on it but I don't recall signing it as if applied online. I wonder if something is wrong and I need to reply to Lowell as I understand they are a ruthless company. Can someone please help. Thank you.

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Bump

[nemesis45]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hello Doglover I'm sorry your original post was missed!

OK I think you need to send Lowell a CCA Request for a copy of the HBOS agreement ( see template in the green box above) there is a £1 statutory fee for this, us a Postal Order marked " For Statutory Fee Only" make a copy and keep for your records. Lowell has 12 +2 working days to comply.

Use signed for post, check delivery date and signature print a copy and keep for your records.
Do you still have the agreement? Did it have a full set of terms and conditions?

nem

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hi
Thanks for replying, yes I still have the agreement and all the paperwork from the SAR of HBOS and also the debt management company for their dealings with this account. I was also sent two copies of the terms and conditions, both have my married name on them although the Christian name on one of the copies is incorrect, I wasn't married when I opened the account, the address on both copies was my last address which wasn't the address when I opened the account.

[nemesis45]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hi
Thanks for replying, yes I still have the agreement and all the paperwork from the SAR of HBOS and also the debt management company for their dealings with this account. I was also sent two copies of the terms and conditions, both have my married name on them although the Christian name on one of the copies is incorrect, I wasn't married when I opened the account, the address on both copies was my last address which wasn't the address when I opened the account.

It would be a good idea to send the CCA request any way.

nem

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Okay thank you I'll get that done

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

I sent the CCA letter away and I'm still waiting on a response, however today I've received a further letter from Lowell which states they are assessing my account for legal action, how should I respond or should I even respond. There is an email address, I could email then and alert them to the CCA letter, I know they have received it because I have proof they signed for it. I'm worried the escalate unnecessarily. Can someone please advise.

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Bump

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Eventually after months the credit agreement has arrived. Just to recap I went in to debt management in January 2010, I used a debt management company until December 2014 when I discovered that they hadn't been making payments to my creditors. Thats all sorted now and I won my case through a complaint to the financial ombudsman. The debt with HBOS was sold on in December 2015 to Lowell, however prior to that Robinson Way were collecting the debt. When I took over control of the debts myself, following a failed debt management plan then I set up a direct debit with Robinson Way. Because of the issues I'd had with the debt management company I was going through a process of SARs and CCA requests with all of my creditors. During that process Robinson Way wrote to me and stopped collecting the debt because they said it was in dispute. They cancelled the direct debit I'd set up and didn't collect any payments after February 2015. I didn't hear anything further until May this year when Lowell tracked me down as I'd moved address, they said they owned the debt and I had to pay them.

On the advice of this forum I did a CCA request and the credit agreement took months to come through. They then said that they wouldn't collect the debt until they had received the terms and conditions for the debt from HBOS. A few weeks later they wrote back and said that they didn't have to provide me with the terms and conditions and if I wanted them I'd have to ask HBOS myself.

I have now SAR'd Lowell as my gut says there is something wrong here. I just can't put my finger on it. I have asked for copies of the sale of the debt to Lowell and they have sent me the notice of assignment, they say thats all they have to provide me with. Maybe I'm looking for something thats not there, maybe I should just acceot that all is well and that they do own the debt and that I should just get on with it and pay it. I have bought myself some time and they have agreed to give me 30 days which allows them time to comply with the SAR and for me to get advice. My questions are:

1. Do Lowell have to provide me with a copy of the relevant terms and conditions
2. Do they have to provide the terms and conditions before I pay the debt
3. Am I entitled to a copy of all documents relating to the sale of the debt if those documents contain my personal data
4. I have the credit agreement is that all they have to provide for me to be owe the debt and should I just make arrangements to pay it
5. Is there anything else that I need to do, am I missing something

Your advice is greatly appreciated, thank you in advance

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

I've glanced back at your thread and I think the short answer to your long question is what has Lowells's sent you in response to your CCA Request?

Eventually after months the credit agreement has arrived.

. . . . On the advice of this forum I did a CCA request and the credit agreement took months to come through.

Di

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hi, all they have sent me is a copy of the credit agreement

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

they have sent me is a copy of the credit agreement

Yes, I know that.

But is it legally compliant?

Di

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Oh sorry, I'm not sure, it is the credit agreement I signed, I applied online and they sent me the paperwork through the post when I took out the card and I signed what they sent me. It's the agreement I had with HBOS. Sorry if I'm not answering your question !!

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hi there, thanks for all the advice and feedback, I'm about to start being hassled by Lowell again, how do I know if the credit agreement is legally compliant.

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

What date did you open this HBOS credit card account and was it before April 2007?

If so, since it was an online application was it before 2005?

How do you know you're "about to start being hassled by Lowells again". Are you psychic or have they written to you

If you post up a redacted copy of the 'credit agreement' someone will give you their opinion.

Di