Lowell and Lloyds TSB

[mrchips]

Hello people,

Just received a letter to a new address from Lowell with an attached letter from Lloyds. The Lloyds letter states that they have sold the debt on to Lowell and all payments to go to them. Lowell's letter basically says welcome to Lowell (lol) and can we have some money please.

The account is for a credit card (balance £1912) and the default on my Experian report states 2010.

Now i do owe the money but have just been ignoring it and realistically cannot afford to pay it. I could offer £10 P/M but this would take years to pay off. I was hoping i wouldn't hear from them and it would just drop off my file in 2016. I know they can't force me to pay anything i don't have but is there anything i could do to stall them in their tracks as i know people who've worked for Lowell who say they are horrible people and bully's.

Like i've said, i do owe the money and haven't paid anything for years but statute barred doesn't come into effect until 2016.

Any advice welcomed

[Celestine]

Re: Lowell and Lloyds TSB

A warm welcome to Legal Beagles Mr Chips :beagle:

When did you take this agreement out? What was the debt for? Loan/Credit card/Overdraft?

Do you own your own property?

Have you requested a copy of the original agreement under s.77/78 CCA 1974?

[mrchips]

Re: Lowell and Lloyds TSB

Hi.

It was a credit card taken out on 30/3/2004 and the default date on my credit file is 16/7/2010.
I rent with my girlfriend, never owned a house but plan to in the future.
Haven'r requested a copy of the original agreement. Ist this the next step? What would the outcome be?

[Celestine]

Re: Lowell and Lloyds TSB

Hi there
Thanks for your replies.

You should look to send a s.78 CCA 1974 Request to Lloyds by recorded delivery as soon as possible.

This will show whether Lloyds/Lowell have copies of the original agreement etc. Without this, they cannot enforce the debt, so its very useful to know ahead of time IF there is an issue with the CCA compliance side of things.

Good thing you don't own your own home. That will help ironically. To be honest, you may struggle to get a mortgage until that default falls off your file.

You can send the CCA request to Lloyds and perhaps ignore Lowell until you've had a response, or perhaps write back to them saying you have sent a CCA request to the original creditor and you await the response to that before discussing the account in any way. Do not acknowledge the debt.

Here is the CCA request template:
Consumer Credit Act 1974 s.78 Request

RE: ACCOUNT NUMBER XXXXXX
Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above accounts, I request that you send me a true copy
of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and
section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive
a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I
enclose a £1 postal order, which represents payment of the statutory fee
payable under the Consumer Credit Act. I understand that a copy of my credit
agreement should be supplied within 12 working days from the date of this
letter.

I understand that under the Consumer Credit Act, creditors are unable to
enforce an agreement if they fail to comply with a request for a copy of the
agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you
supply a signed true copy of the executed deed of assignment for the above
referenced agreement. This is an obligation, whether you are the original
creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as
agent of the creditor or owner under the regulated agreement, he shall be
deemed to be under a contractual duty to the creditor or owner to transmit
the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and
will result in a report being submitted to the relevant statutory
authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO
SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I
CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and
(DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and
signed by the customer is totally unenforceable under the CCA and therefore
is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be
both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made
in writing only to the address below. Telephone calls and personal visits
will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Guest]

Re: Lowell and Lloyds TSB

I do not think that none compliance is a criminal offence anymore Celestine, and why not send it to Lowells ?

They know then that they have not complied.

[mrchips]

Re: Lowell and Lloyds TSB

Thanks for your replies. What I'm going to do is sit tight and wait a while, see what their next letter says and then send off the CCA request

[tomflurbs]

Re: Lowell and Lloyds TSB

Hello all, Ive joined just because of this thread! I too had an overdraft with Lloyds for around 2k its gone round the houses but yesterday I received a letter which had a 'letter' from Lloyds tsb assigning the debt over to Lowell. The thing that worries me is that the Lloyds letter has the same barcodes and markings as the Lowell one, its clearly not originally from Lloyds. Is it likely that the letter of reassignment of debt would come from the Debt Company? Im going to send a CCA but its highly confusing would I send it to Lowell? What do I expect in response? would it be a signed application form and statements? Any help would be greatly appreciated!! Tom Just to add the default is registered for 2010

[charitynjw]

Re: Lowell and Lloyds TSB

Hi tomflurbs, & welcome to Legal Beagles.

[charitynjw]

Re: Lowell and Lloyds TSB

Hello all, Ive joined just because of this thread! I too had an overdraft with Lloyds for around 2k its gone round the houses but yesterday I received a letter which had a 'letter' from Lloyds tsb assigning the debt over to Lowell. The thing that worries me is that the Lloyds letter has the same barcodes and markings as the Lowell one, its clearly not originally from Lloyds. Is it likely that the letter of reassignment of debt would come from the Debt Company? Im going to send a CCA but its highly confusing would I send it to Lowell? What do I expect in response? would it be a signed application form and statements? Any help would be greatly appreciated!! Tom Just to add the default is registered for 2010

A Notice of Assignment can come from the original creditor, or the new debt 'owner', or even both.

However, if the letter is purporting to be from Lloyds, but has been concocted by Lowells, this would be at best misleading, & if it were me, I would be looking further into it.