Lowell / EPF threatening bankruptcy

[SYS2R]

Hi Guys

I'm a newb here and was hoping for some advice if possible?

I recently received a letter from Lowell's stating that I owe them a chunk of money that they are trying to reclaim for HFC. I do not recall every having an account with HFC previously. The only thing I can think of is that it is a debt that relates to EPF back in 2008.

If it does relate to EPF then it seems to be for a bit more than I recall the outstanding amount being given previous payments made to the account.

Having checked back through my bank statements and I can see the last payment was made in May 2008. I have not had any letters prior to this one and I have not heard from EPF/HFC or contacted them either.

I'm wondering what to do about this as I do not want to be stung with a bankruptcy order. I see that Lowells are quite keen on dishing out statutory demands.

I moved from a property that I had been at for 4 years just before the letter arrived. The only reason this has been brought to my attention is that the letter was passed onto me by a previous neighbour. I have not heard from my old neighbour to say if there has been any other post.

What is the best course of action? Contact them and query the debt and if it does relate to the EPF debt look to try and drag out communications with them and issue a statute barred letter at the correct time, or say nothing until they realise I have moved and track me down?

All help gratefully received.

Cheers
SYS2R

[jon1965]

Re: All help gratefully received

Sorry, who are EPF?

What exactly does the letter say, does it talk about their client or original creditor?

How much is the debt for.

Depending on your answers will depend on what is the best course of action

If it was a loan when was it taken out?

[FlamingParrot]

Re: All help gratefully received

Hi Guys

I'm a newb here and was hoping for some advice if possible?

I recently received a letter from Lowell's stating that I owe them a chunk of money that they are trying to reclaim for HFC. I do not recall every having an account with HFC previously. The only thing I can think of is that it is a debt that relates to EPF back in 2008.

If it does relate to EPF then it seems to be for a bit more than I recall the outstanding amount being given previous payments made to the account.

Having checked back through my bank statements and I can see the last payment was made in May 2008. I have not had any letters prior to this one and I have not heard from EPF/HFC or contacted them either.

I'm wondering what to do about this as I do not want to be stung with a bankruptcy order. I see that Lowells are quite keen on dishing out statutory demands.

I moved from a property that I had been at for 4 years just before the letter arrived. The only reason this has been brought to my attention is that the letter was passed onto me by a previous neighbour. I have not heard from my old neighbour to say if there has been any other post.

What is the best course of action? Contact them and query the debt and if it does relate to the EPF debt look to try and drag out communications with them and issue a statute barred letter at the correct time, or say nothing until they realise I have moved and track me down?

How much money are they saying you owe them? Lowell are very trigger-happy with the SDs, they have to issue one of those before issuing a bankruptcy petition, and if they do, you are in very good hands, as Cel, one of the site owners, has set aside over 50 of them! :yo: :yo: :yo:

Given the above, it's in your best interest if they have your current address so if they issue a SD you'll know about it and can get Cel on the case to get it set aside. If a SD was to arrive to a property you don't live in and where you have no redirection from, you may miss the deadline to have it set aside and they could issue a BR petition. :scared:

[FlamingParrot]

Re: All help gratefully received

I recently received a letter from Lowell's stating that I owe them a chunk of money that they are trying to reclaim for HFC. I do not recall every having an account with HFC previously. The only thing I can think of is that it is a debt that relates to EPF back in 2008.

If it does relate to EPF then it seems to be for a bit more than I recall the outstanding amount being given previous payments made to the account.

Having checked back through my bank statements and I can see the last payment was made in May 2008. I have not had any letters prior to this one and I have not heard from EPF/HFC or contacted them either.

I'm wondering what to do about this as I do not want to be stung with a bankruptcy order. I see that Lowells are quite keen on dishing out statutory demands.

I moved from a property that I had been at for 4 years just before the letter arrived. The only reason this has been brought to my attention is that the letter was passed onto me by a previous neighbour. I have not heard from my old neighbour to say if there has been any other post.

What is the best course of action? Contact them and query the debt and if it does relate to the EPF debt look to try and drag out communications with them and issue a statute barred letter at the correct time, or say nothing until they realise I have moved and track me down?

Your profile says you are in Wales, which means this wouldn't be SBd for another 6 months or so. You should really allow at least a couple of months after your last payment to be on the safe side. Who are EPF? :confused2:

Could you scan or take a picture of the letter you've received, remove all personal details and post up here? :typing:

[SYS2R]

Re: All help gratefully received

Hi Guys

Thanks for responding.

In answers to your questions:
EPF = Endeavour Personal Finance

The debt is for just around £4k and originally was taken out as a secured loan. Me and my ex partner split up, I left the home the loan was secured on and EPF arranged that I would continue the loan on an unsecured basis.

From memory the loan was taken out 2005 and last payment made was in May 2008.

When you say you notice I live in Wales, what effect does that have on SB?

I've attached a copy of the letter from them with all personal details removed.

If I could have some guidance on how I should proceed from here I would be very grateful.

Cheers

SYS2R

[FlamingParrot]

Re: All help gratefully received

In answers to your questions:
EPF = Endeavour Personal Finance

The debt is for just around £4k and originally was taken out as a secured loan. Me and my ex partner split up, I left the home the loan was secured on and EPF arranged that I would continue the loan on an unsecured basis.

Did you ever sign a new agreement for the unsecured loan?

From memory the loan was taken out 2005 and last payment made was in May 2008.

When you say you notice I live in Wales, what effect does that have on SB?

SB is six years in England and Wales, only five in Scotland. If you were in Scotland, it would have been SB last year.

I've attached a copy of the letter from them with all personal details removed.

If I could have some guidance on how I should proceed from here I would be very grateful.

Cheers

SYS2R

That's just a bog standard template letter asking you to contact them, nothing to cause immediate concern. However, you still have at least six months before it's SBd. I would be sending Lowell a CCA request to start with, in theory they should comply within 14 days, in reality they would have to go back to Endeavour to obtain a copy of the alleged agreement for the unsecured loan. This could well buy you some time. :clock: :clock: :thumb:

[FlamingParrot]

Re: All help gratefully received

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[SYS2R]

Re: All help gratefully received

Thanks for this info Parrot. Thats really helpful.

I'm a little hazy whether I signed another document when I took control of the loan. I'm sure I must have signed something to absolve my ex of any financial responsibility, otherwise I am sure she would have contacted me by now.

In your opinion would it be best to write to them first to query the debt, as at this stage I am unsure exactly what the debt relates to. Once they respond with this information then send the CCA request? This would also buy me some time. What do you think?

Also, is a PO a postal order?

Thanks again

SYS2R

[SYS2R]

Re: Lowell / EPF threatening bankruptcy

letter went off yesterday. will keep you posted :yo:

[SYS2R]

Re: Lowell / EPF threatening bankruptcy

Hey guys, today is the 12th working day and no response from Lowell, accept for a letter about a week in saying they had received my request and were contacting the lender to request the documentation.

Am I correct to assume that Lowells would reply by recorded delivery so they could prove that they complied with the request and that the documentation was delivered/attempted to be delivered within the specified timescale?

Out of interest, what happens next? What happens if they supply the information to me, say next week? Do I write to them stating that as they have been unable to provide the requested information in the 12 working days that they cannot take any further action, or words to that effect, or do I just sit tight until the debt becomes SB'd and they send them a letter confirming this?

Sorry for all of the questions, I just like to be prepared

SYS2R

[FlamingParrot]

Re: Lowell / EPF threatening bankruptcy

Hey guys, today is the 12th working day and no response from Lowell, accept for a letter about a week in saying they had received my request and were contacting the lender to request the documentation.

That's a standard response. Lowell have to get the documents from the lender, they wouldn't have obtained them when they bought the debt.

Am I correct to assume that Lowells would reply by recorded delivery so they could prove that they complied with the request and that the documentation was delivered/attempted to be delivered within the specified timescale?

I doubt it. When I sent out CCA requests, I don't recall anyone responding by recorded delivery, even court claims are not sent recorded.

Out of interest, what happens next? What happens if they supply the information to me, say next week? Do I write to them stating that as they have been unable to provide the requested information in the 12 working days that they cannot take any further action, or words to that effect, or do I just sit tight until the debt becomes SB'd and they send them a letter confirming this?

It all depends on what they respond with, if anything. The 12 day (it's actually 14 days as 2 are allowed for service) timescale only makes the account temporarily unenforceable, while they are in default of your request. Just because they didn't reply in 14 days it doesn't mean they will never be able to take action, only that they can't obtain judgment while being in default of your request.

You have the following scenarios:

1. If they don't send anything and don't write to you, you don't have to write to them to remind them.
2. If they don't send documents but write asking you to pay, or get another DCA to chase you, you write back stating that the account is in dispute as you sent a CCA request on xx/xx/xxxx and they've not complied.
3. If they send you something purporting to be your agreement, you should scan it or take a picture of it, remove your details and post it up here. :typing:

[SYS2R]

Re: Lowell / EPF threatening bankruptcy

Thanks for the advice again FlammingParrot. I'll keep you posted on any developments.

I also forgot to mention that I received a letter from them after I moved out of my old address that was passed on by someone I know who still lives there offering a discount of 25% if I paid in one go, 85% if I paid over 4 payments, and £45 a month until the balance is clear. Judging by you comments I can put this to one side while I'm waiting for them to supply the requested information.

Thanks again for all the guidance and help. You guys really are great

[SYS2R]

Re: Lowell / EPF threatening bankruptcy

Hi guys

I received a response from Lowells yesterday. Copies of agreement, statements, etc. I was also very concerned to see that they had provided me with copies of my ex partners bank statements. A clear breach of DPA.

Now that I have the documents, please can I have some further assistance for you? If so, please let me know what information I need to scan and post up for you to me help.

Thanks in advance

SYS2R

[jon1965]

Re: Lowell / EPF threatening bankruptcy

Hi
Post up the copy of the agreement minus any identifiable info, so name adress, account number, barcodes edited out.

Can you also list what they have sent
As for copies of your ex's bank statements, are they from the time you were together? Any idea how they got them.

[SYS2R]

Re: Lowell / EPF threatening bankruptcy

Hi Jon

Thanks for the reply. I'll get the docs scanned and redacted and post them up.

In regards to my ex partners bank statements they appear to be after we had split up. I image they we provided by my ex to provide proof that I was paying her for the loan and her income.

Lowells have provided the following docs:
letter saying I owe them money
Statement of account
Unregulated credit agreement
Terms and conditions (poorly copied and illegible - considering re-requesting this)
Loan agreement
Hand written notes of approval
Copy of credit information detailing credit accounts and status
Letter from mortgage provider confirming statement of account
Mortgage redemption statement and letters between lender and mortgage company
Land Registry requisition documents
Letter from my ex confirming her financial status, what the funds from the sale of the property would be used for and requesting transfer of the secured loan against the property in an unsecured loan in my name
3 x copies of my payslips
3 x copies of my ex's bank statements
letter from ex confirming loan to be transferred to me
letter from me confirming acceptance of loan to be transferred into my name
Letter from solitor confirming sale of the property and short fall amount to be picked up as an unsecured loan in my name
Copy of solicitors invoice for sale of the property
Completion statement from solicitor for sale of the property
Letter to my ex requesting documentation
Some kind of hand written expense form
Request for shortfall sale form
Letter to me from lender confirming loan in my name

Cheers SYS2R