Letter from Lowell Finance Ltd for a HBOS debt

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Yes that's what I'm expecting from them, having just spent the last two years getting my credit file back on track I can't afford for this account to turn sour

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hi I have received a threatening letter from Lowell, if I don't contact them then they take me to court. I wondered if you'd had a chance to looks at the specifics T&Cs issues. Many thanks.

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

BUMP

[MIKE770]

Re: Letter from Lowell Finance Ltd for a HBOS debt

@nemesis45

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

[MENTION=55034]nemesis45[/MENTION] sorry to be a pain again but I've received a letter from Lowell telling me they intend to take legal action. I'd really like to write to them about the T&Cs, have you had a chance to look at them please

[MIKE770]

Re: Letter from Lowell Finance Ltd for a HBOS debt

do not write sill letters to them it encourages them to see you off, they ignore any correspondence of facts read threads, go soft with them they take full advantage of you as an easy few extra quid also shows your weakness.

[nemesis45]

Re: Letter from Lowell Finance Ltd for a HBOS debt

@nemesis45 sorry to be a pain again but I've received a letter from Lowell telling me they intend to take legal action. I'd really like to write to them about the T&Cs, have you had a chance to look at them please

OK will do. Can we see the letter pls?

nem

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Sorry I have no way of scanning so here's what it says:

Having assessed our options we jntend to take legal action to recover this debt if you do not contact us to agree a repayment plan

What legal action means:
1. A writ or summons dependent on the size of your balance is issued by the court
2. Court fees solicitors costs and interest will be added to the writ or summons which would increase the amount
3. If you do not respond to the writ or summons a decree may be granted against you
4. Should a decree be granted this will be registered on your credit file for up to six years and may impact your ability to obtain future credit

We'd prefer to work with you
Our preference is to work with you without taking legal advice. Please visit our website and set up a replayment plan or call our team.

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Since my last post I've received two letters, the most recent later was received today and states that if I don't agree a repayment option by 7 May then solicitors will be instructed to take legal action to recover the debt, the previous letter was the same but gave a date of 23 April. In the letter they are also offering me an 20% discount on the debt, is that normal. Can someone please let me know what I should do and what the issue is with the T&Cs previously mentioned. This is causing quite a bit of stress and I'd like to try and move this forward. Any help is appreciated [MENTION=55034]nemesis45[/MENTION]

[Amethyst]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Are you, or were you, in Scotland when the debt was taken out?

A weird letter from Lowell referring to writs and decree's if you're not.


Edit:

It would imo take even closer examination of all the documents to confirm or deny the compliance there is some merit to the documents you have and with English Civil Law judgment is made on the balance of probabilities it could prove enough to obtain judgment. I'm living in Scotland does that affect anything

Okay yes you are. That makes a difference with how you deal with the court process. I'll have a proper look through the thread now.

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Yes I lived in Scotland, thank you so much for having a look

[Amethyst]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Okay looks like they have complied with the CCA and have supplied the original agreement and accompanying terms, with a recon for legibility - as well as terms at the time of default. So it is likely to be enforceable if they took it to court.

You mentioned earlier in the thread you had some concerns over the signature on the agreement? Sometimes if you applied online you'd have been sent an agreement to sign an return before receiving or activating the card? From the wording on the agreement it sounds like that may have been the case here. The adress on this page - http://legalbeagles.info/forums/atta...8&d=1480075642 - is the correct one from when you opened the account ?

If you recognise the card and the balance doesn't have any issues then it is likely to be your best option to try and come to an arrangement with them prior to any court action - the debt has fallen off your credit file but unfortnately was kept alive by the DMP payments so isn't statute barred, and the documents look compliant. I don't know if you own your own home, if so they might try court action to try and secure the debt ( just over £6k ?) which could result in a judgment against you damaging your credit file for a further 6 years.

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Thank you I'll email them antry and negotiate a further discount, thanks a million

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Thank you I'll email them antry and negotiate a further discount, thanks a million

I've only glanced back through your thread in a hurry and I've not studied any of the redacted documents you've uploaded which you received to know whether they are 'enforceable' under the Consumer Credit Act or not.

More importantly what documents have you not received since the credit agreement is not the only reason to defeat a claim (which you have not yet received?).

Have you had a response to your SAR to HBOS?

Have you received annual statements (s.86) and did you receive a compliant Default Notice (s.87) prior to termination of the agreement?

Was the assignment proper?

Are the documents Lowells have produced reconstituted and have you checked them for 'honesty and accuracy'?

And so on and so forth?

The Scottish legal system is very different from the English legal system.

Why do you feel that you have to admit the debt and negotiate payment at this point?

Be aware that if you email them to negotiate payment of this debt that may be considered as an admission of the debt which could be used against you if they do decide to issue proceedings (unless your email is headed "Without Prejudice") .

Di

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Did you have PPI on this account?

Di