Lowell/Hamptons Legal

[silverstreak]

Have recently received a letter from Hamptons regarding a debt owned by Lowell, they had passed it onto Red Debt Collection who have now instructed Hamptons to pursue the overdue balance.

Am I right in thinking I should fire off a CCA to Lowell?

Anything else I should be doing, the debt is not SB.

[wales01man]

Re: Lowell/Hamptons Legal

Not wasting a stamp unless you want to pay them

[silverstreak]

Re: Lowell/Hamptons Legal

Not wasting a stamp unless you want to pay them

Not really wanting to waste a stamp so I guess I just sit tight then?

I do however believe there will be charges on the original CC that I could claim back so would a SAR be an idea?

[Amethyst]

Re: Lowell/Hamptons Legal

Sorry Wales. I disagree.

Is the letter you have received a letter before action? -ie does it give you a time period or they will take court action or issue a statutory demand ? If so then it is a good idea to respond.

A CCA request is a good start with Hampton/red.

The debt is an old credit card ? So who was the original creditor, what year did you apply for the card ?
How much is the debt overall?
Do you own your own home?

Charges of £12 .. or £15 in some cases... will be hard to claim back.... if there are older ones of £25 pre 2006 they may be able to be reclaimed off your balance and to get transaction lists you'd need to SAR your original creditor.

[Gorang]

Re: Lowell/Hamptons Legal

CCa request should go to the company that owns the account now

Some DCA's will pass it on but we have seen a case recently on here where DCA's sent the CCA request complete with the £1 fee, back to the OP

Op sent 3 CCA requests all complete with £1 postal orders, to 2 DCA's and 1 to Lowell

DCA's BOTH sent request back to OP with the PO's
DCA 2 said send request to DCA 1
DCA 1 said send reuest to Lowell
Lowell sent the request back MINUS the PO and told OP to correspond with DCA 1

copy of DCA 1's letter and Lowels request winging its way back to Lowell with a reminder

As it is the debt owner that "Should" hold the agreement send the request to them

If they send the request back to you, then resend it back with a letter reminding them that it is the account holder that should hold the agreement NOT a DCA

Do you know for sure that Lowell own the account now (I suspect that they will) have you ever received a NOA form Lowell or the original creditor

You say that the account is not SB'd so I am assuming that you are/were paying the account in some way in the last 6 years, so with sending the CCA request are you trying to see if the agreement is enforceable in court????

Do you know roughly when you opened the account????

Was this a loan, overdraft or CC account??

If you know the account is not SB'd then probably no point in sending a SAR request to OC (original creditor) unless you want copies of the statements or DN notice

EDIT

Could also be worth sending a CCA request with fee to the OC as well, if you are looking to see if the agreement is enforceable, as Lowell have been known to fabricate some agreements

Remember to sign the request with fancy computer font too (NOT your own sig) and send via minimum recorded delivery so you can get proof of postage form the track and trace site

[wales01man]

Re: Lowell/Hamptons Legal

Ame you are probably right I should have said ignore it if they want unless its getting near to Legal action I have here hundred plus letters from Lowlifes and their friends all with idle threats no LBAs and no SDs.
In our case they could I expect check our credit files and see the chances of getting anything are ZERO we only act if its going to court so far not happened

[silverstreak]

Re: Lowell/Hamptons Legal

Lowells own the debt now as the original CC company is listed settled on CRA, card was taken out mid 90s and the debt is for £750. The letter isn't an LBA or anything similar, just a threat for the moment.