Lowell Portfolio 1 LTD - Through BW Legal SD Delivered - WON!!!

[mdg76]

I need some help please. I have had a read on this forum but not sure exactly what to do.

Basically, I walked in the house today, promptly followed by a knock on the door where someone asked me my name then handed me an envelope.

In it is a SD for a credit card debt from Halifax BOS.. Handed to me today 3rd October, yet signed by BW Legal on 23rd September. They mention the 18 days. Is this from today or 23rd September ?

I had taken previous advice and just ignored letters so this is for around 4 years ago.

I haven't done anything before like requested signed credit agreement, NOA etc. Is it now too late ?

I will be redundant come 17th December so could possibly just offer them a percentage settlement at this date when I could afford something.

What do I need to do about this SD ?

I don't recall having recd a default notice from HBOS or anything saying they have passed the debt on to Lowell..

Amount is 6900.

Can anyone help me please. Thanks in advance.

[PlanB]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

to LB. I've flagged this up to Celestine who is LB's statutory demand guru

[mdg76]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

Many thanks PlanB. I'll check back on here in a couple of hours to check for any other responses.

[PlanB]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

Many thanks PlanB. I'll check back on here in a couple of hours to check for any other responses.

Don't go! Here's some more encouragement http://www.legalbeagles.info/forums/...ands-READ-HERE

[Amethyst]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

The date runs from the date of service, as they served it personally there shouldn't be any argument over when this was.

You should get your request for your signed agreement, T&C's, default notice, statement of account etc sent off tomorrow.

When was the account opened? When you say it is from 4 years ago is that from when you defaulted on payments or took out the card?

Also do you own your home?

[Celestine]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

Hi MDG

I've replied to your PM :tinysmile_grin_t:

Sending off the s.78 request is the first thing. Below is the template which you should send recorded delivery enclosing the statutory £1 fee (postal order) per account.
Do not sign with your normal signature, use block capitals or a type font.

Try not to worry too much in the meantime. :beagle:


Re: Account /Reference Number: XXXXXXX
With reference to the above agreement, I require that you provide me a true copy of the credit agreement.
I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.
I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.
I understand that Consumer Credit (Prescribed periods for Giving Information) regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.
In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.
I look forward to hearing from you
Yours faithfully

MDG

[mdg76]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

CCA Request being sent today. Does this go to BW Legal or Lowell ?

[Angry Cat]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

BW Legal but I would also send one to Lowell if, it were me!

[PlanB]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

In it is a SD for a credit card debt from Halifax BOS...

. . . . I haven't done anything before like requested signed credit agreement, NOA etc. Is it now too late ?
.

The most important factor is whether you opened this account before or after April 2007. That's when section 78 becomes make or break. What can you remember about this?

[CleverClogs]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

The most important factor is whether you opened this account before or after April 2007. That's when section 78 becomes make or break.

Even if the creditor does not or cannot comply with the request?

[PlanB]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

Even if the creditor does not or cannot comply with the request?

Maybe I'm getting ahead of myself with section 127(3) CCA 1974 thoughts :nerd:

[charitynjw]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

If the creditor or owner of the debt can't comply with the s78 request, they can't continue debt collection activity on it.
Can they?

[CleverClogs]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

If the creditor or owner of the debt can't comply with the s78 request, they can't continue debt collection activity on it.
Can they?

Yes, they can.

They just cannot obtain a judgement in their favour.

[PlanB]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

If the creditor or owner of the debt can't comply with the s78 request, they can't continue debt collection activity on it.
Can they?

Yes and No.

The creditor can send you any old reconstituted rubbish to claim they've complied with section 78 and so proceed to court. But they can't get a judgment if the documents they provided don't comply with section 61. Only a DJ can decide whether the creditor has complied or not. PT explains it much better in his Blog here:

http://paulatwatsonssolicitors.wordp...t-arose-today/

In the well known case of Santander vs. Mayhew the DJ ruled that the claimant had complied with section 78 (Para 14), but the case was dismissed because the claimant hadn't complied with section 61 (Para 11) and other stuff

http://www.bailii.org/ew/cases/Misc/2012/14.html

[MIKE770]

Re: Lowell Portfolio 1 LTD - Through BW Legal SD Delivered

Yes and No.

The creditor can send you any old reconstituted rubbish to claim they've complied with section 78 and so proceed to court. But they can't get a judgment if the documents they provided don't comply with section 61. Only a DJ can decide whether the creditor has complied or not. PT explains it much better in his Blog here:

http://paulatwatsonssolicitors.wordp...t-arose-today/

In the well know case of Santander vs. Mayhew the DJ ruled that the claimant had complied with section 78 (Para 14), but the case was dismissed because the claimant hadn't complied with section 61 (Para 11) and other stuff

http://www.bailii.org/ew/cases/Misc/2012/14.html

Depends on the so called judge on the day!!!!!!!!!!!!