Letter from Lowell Finance Ltd for a HBOS debt

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

I'm not really experienced enough to know what I haven't received or if things were compliant, sorry. I have received several letters threatening court action and the last letter gave me until Sunday just last to respond or they would proceed to legal action. I know they say that sort of stuff all the time but I believed I was running out of time with this. It's taken me two long years to get my credit file clean and I just couldn't take the risk that they'd take me to court and I'd end up with another black mark and issues for another 6 years.

I havent agreed a repayment plan yet but they have offered a 30% discount and I have about 11 days to make them an offer for repayments.

I didn't have PPi on this account unfortunately.

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

the credit agreement has arrived.

. . . . I was going through a process of SARs and CCA requests with all of my creditors.
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.

^ ^ ^ ^ Sorry if I'm looking at this a bit piecemeal because I've not read your thread from start to finish (my apologies) but can you clarify some things in your post # 9.

It seems you sent a CCA Request to Lowells who appear to have admitted that they didn't have the Ts & Cs to comply with your request (is that right?).

Lowells said you needed to get the Ts & Cs from HBOS (have I got that right?).

You sent a SAR to HBOS which may have resulted in further documents produced by them (HBOS) but not by Lowells.

Could this mean that Lowell Portfolio the current owner of your debt have not complied with your CCA Request?

Or did they finally comply?

Again my apologies for not reading everything you've posted. I just hate the idea of anyone paying money to a debt purchaser if they're not legally obliged to.

Di

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Lowell asked HBOS to give them a copy of the T&Cs which took quite some time for them to get and then they sent it to me after a good few weeks.

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

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

Sorry to be so pedantic but can you clarify something else.

Your post above says you received a letter from Lowells which said if you don't agree a repayment option by 7th May then solicitors will be instructed to take legal action.

I'm assuming that letter came from Lowell Portfolio or Lowell Ltd but not from Lowell Solicitors. Correct me if I'm wrong please.

Were solicitors instructed and if so who was the firm instructed since as far as I'm aware Lowell Solicitors are not registered with the Scottish Law Society (unless that was very recent)?

Either way it doesn't appear to be a Letter Before Action/Claim if the 'threat' is they will instruct solicitors not that they will issue a claim.

Did that letter say they MAY instruct solicitors or they WILL instruct solicitors?

Di

[Diana M]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Lowell asked HBOS to give them a copy of the T&Cs which took quite some time for them to get and then they sent it to me after a good few weeks.

To comply with s 77-79 CCA Request everything has to be sent in one hit not in dribs and drabs.

Was there a covering letter which described Lowell's CCA Response documents as "reconstituted" with both/either the first batch of documents and/or the second batch sent weeks later?

Di

[Doglover2000]

Re: Letter from Lowell Finance Ltd for a HBOS debt

Hi, the letter is from Lowell Financial Ltd and it states that if I do not agree repayment of this account by 7 May solicitors will be instructed to take legal action to recover the debt. No solicitors have been instructed because I contacted them before Sunday (7th).

When the debt was still owned by HBOS they complied with the CCA request. The debt was then passed to Robinson Way and then unknown to me it was sold to Lowell, when Lowell contacted me I did another CCA request because I had no idea who they were or what the debt was. They then wrote to me to say that they would need to contact HBOS for a copy of the credit agreement which they eventually sent to me but it took weeks for them to send it to me.

Does this help !!!