Lowell chasing a default from May 2009

[robkeleuk]

Hi,

It seems that I am in a Lowell chasing debt category as well and would appreciate your advise regarding this matter.

My account was defaulted in May 2009 and it was only summer 2010 when I received some ''fishing'' letters from some solicitors regarding the debt. I haven't responded to them and they did go away.

Few years passed since then and November 2013 I have received a letter from Lowell advising me that they have purchased my debt from HFC Bank LTD and they have included a HSBC bank letter which informs me that the account has been sold to Lowell Portfolio I Ltd. I haven't responded to any of their letters and in January I have received a letter from Red saying that they are offering discount on my balance, etc.

A last letter from Red followed on 10th March where they are advising that my account details are being passed on to Hamptons Legal and I can stop this happening from calling them and arranging a debt repayment.

Having read these forums regarding 'trigger happy' Lowell it seems that it would be logical to acknowledge their requests and to come to an agreement plan to repay this. There are few questions which bother me though

• The debt is closing in to 6 years time point. It is of course 1y 2 months left until then and even if I pay it now will it clear from my file in May 2015? In one of letters Lowell were mentioning that they would put a message on my credit file that it was settled on discount only.
• I have also checked my credit scoring agencies and mysteriously this default has disappeared from Experian credit file. It still remains on Equifax.
• Lowell claims having purchased debt from HFC Bank LTD however it was HSBC Bank LTD letter included in a first correspondence. Does that make any difference?
• These letters are being sent to me using my previous surname which I changed in 2010 (family reasons). The account was defaulted on my old surname and it seems Lowell are using that one rather than my new one. Does this change anything?

Looking at the above I would appreciate if you could advise of the best course of action. Is it worthy challenging and prolonging the process or will I still be summoned to County Court eventually and will end up with a bigger headache?

Thanking you in advance and please let me know if any questions arise to this.

[robkeleuk]

Re: Lowell chasing a default from May 2009

A little bump!

I would really appreciate someone's response to this. I haven't received any further correspondence from them for couple weeks of now though I would expect them to come back any time soon....

[Amethyst]

Re: Lowell chasing a default from May 2009

Hi,

My humble apologies for missing your previous post.

Who is the original debt with HFC or HSBC ?

What was the debt (loan/credit card etc?) and when was the account opened ?

Personally as the letter is just a 'threat' of passing the debt to basically another DCA I'd ignore. They are likely to try bringing court action in the future but it isn't a certainty. Before they could take court action they'd have to send you a formal letter before action and you can negotiate at that point. If you have the money to settle the debt now and would rather get it out of your hair then do it now, but I would expect similar opportunities will be available at LBA stage, particularly if it is a consumer credit regulated debt from before 2007 and they don't have the relevant paperwork. If it is marked as settled on your credit file then no it won't extend the length of time it appears.

Kind regards

Sharon

[robkeleuk]

Re: Lowell chasing a default from May 2009

Thank you Sharon for your response.

The original loan was taken as a finance agreement to finance a telly that I bought from Curry store. The telly was taken on December 2007 and I had a year-free period before was supposed to start making payments. Unfortunately from Dec 2008 I was not in a position to make any payments and account was defaulted in May 2009.

I haven't got any papers from that period to see who the agreement was with however I've looked at Equifax and it says ''Fixed term deferred from Hfc Bank Plc.

[robkeleuk]

Re: Lowell chasing a default from May 2009

Oh and I've also looked at Equifax which also shows a different default balance to the current balance. The difference is around £180. I thought once the sum defaults then no additional charges are being put to it?

[robkeleuk]

Re: Lowell chasing a default from May 2009

Hi,

Just a quick update.

Hamptons have now sent two letters - first was 'assessing your account' and last one was 'avoid legal proceedings'. Interestingly the second letter offers 50% reduction from the original debt cost which is lower than previously Lowell were offering (75%).

[robkeleuk]

Re: Lowell chasing a default from May 2009

HI,

I've got a quick question regarding payment arrangements. I think it would be the easiest option to negotiate some sort of arrangement rather than keep waiting to see if any court action would follow (as Lowell group is notorious for that). I am however vary of making any payment without having any written agreement as phone conversation sound a little bit risky? Any opinions on this?

[teaboy2]

Re: Lowell chasing a default from May 2009

Have you sent lowells a cca resut? (Hampton's are lowells too by the way)

If not then you need to send one, because if they haven't got a copy of the CCA, they are then in default and can not enforce the debt in court!

If they do produce the CCA, then thats when you need to look at payment arrangements or you could just continue ignoring them and wait and see if they do take it further. If their offering a 50% discount then i doubt they will!

[robkeleuk]

Re: Lowell chasing a default from May 2009

Thank you very much for your response and handy advises. To be honest I haven't requested a copy of CCA as I have a very limited knowledge in these things (more likely none) hence me seeking further advice.

It is encouraging to see that a 50% discount offer can be seen as a sign of weakness. I shall try asking for CCA to see where that takes me.

[teaboy2]

Re: Lowell chasing a default from May 2009

Thank you very much for your response and handy advises. To be honest I haven't requested a copy of CCA as I have a very limited knowledge in these things (more likely none) hence me seeking further advice.

It is encouraging to see that a 50% discount offer can be seen as a sign of weakness. I shall try asking for CCA to see where that takes me.

Let us know what, if any response you get. Remember once you post the CCA, they 12 + 2 days to send you a copy complete with original terms, that are readable to the naked eye. After 12 + 2 days and if they have not set you a copy or the copy contains non original or unreadable terms, then they are in default of you cca request.

[robkeleuk]

Re: Lowell chasing a default from May 2009

Let us know what, if any response you get. Remember once you post the CCA, they 12 + 2 days to send you a copy complete with original terms, that are readable to the naked eye. After 12 + 2 days and if they have not set you a copy or the copy contains non original or unreadable terms, then they are in default of you cca request.

Will do indeed.

[robkeleuk]

Re: Lowell chasing a default from May 2009

Let us know what, if any response you get. Remember once you post the CCA, they 12 + 2 days to send you a copy complete with original terms, that are readable to the naked eye. After 12 + 2 days and if they have not set you a copy or the copy contains non original or unreadable terms, then they are in default of you cca request.

Just a quick update.

Lowell confirmed having received my CCA request. They initially advised with their standard letter that it may take longer to receive required documents. They have also followed this up with another letter confirming that once initial twelve days have passed the account is placed on hold and no collection activities will take place.

12 +2 days have indeed passed by now and I haven't received any further communication. The account would have been placed on hold by now and I will wait for further communication from their behalf as there is nothing else I can do at this point (to my understanding?) .

[robkeleuk]

Re: Lowell chasing a default from May 2009

Hi,

It's been some time since I have posted into this post and there was some movement in both directions.

After sending CCA request Lowell have advised me that they have received the letter and will contact should they get information. About a month later they sent me a letter stating that HSBC can not find a CCA because of time passed since account was open and therefore Lowell will not contact me anymore unless some evidence will turn up.

Around two months later they have contacted me again with what looks like a copy of CCA agreement. They have advised that HSBC have finally found the required CCA and sent to them. I have however some observations about it as it seem the agreement is signed by my new version of a signature which was used only after changing my surname. As a previous agreement it should have been signed with my old signature however it does not seem to be the case. The rest of agreement remind of the agreement that I was given years ago though I can not fully confirm as I do not have an original one.

Since that CCA around 2-3 months passed and Lowell were contacting on a continuous basis - either them or their solicitors. The final communication from them was highlighted as a Pre-Legal Assessment and advises of account being escalating. The account was defaulted in May 2009 so it is only four months left for it to be pursued and I take it Lowell will try to do their best to chase it up.

Any ideas if I can question the signature or other bits that would pro-long the process?

[robkeleuk]

Re: Lowell chasing a default from May 2009

A little bump on the way

[nemesis45]

Re: Lowell chasing a default from May 2009

Hi sorry your post seems to have been missed.

Reading now.