Lowell prove it letter.

[Eagle1977]

Re: Lowell prove it letter.

Hi Eagle Just having a read back xxx

Thank you

[Amethyst]

Re: Lowell prove it letter.

Okay

So this debt is a bit of a mish mash and I'm not familiar with these kinds of accounts so bear with me - restricted use credit / unrestricted use credit / fixed sum loan / running credit agreement ? So you had a loan of £1150 ish restricted use which paid off a previous debt with the bank, a cash loan of £3000, and then a further drawdown facility ? Could you give a bit more detail of what the loan actually was and how it worked? Could you draw more money out of the account ? How did you make repayments ? Seems to have a minimum monthly repayment of 3% of the balance or £10 whatever is larger ?

Could you only spend the £3000 once or could you pay bits back and withdraw it again etc? like a credit card?

[Amethyst]

Re: Lowell prove it letter.

Also the address issue - is the address on the transaction list pages the address you had when the account defaulted?


And you had 'credit protection insurance ' on the account which was calculated each month on the outstanding balance ( 06%?)

[Eagle1977]

Re: Lowell prove it letter.

Hi Amethyst

thank you you for your reply. In all honesty I do not remember what kind of loan it was but I can give you some background.

i took out finance with PC World for a computer. The finance was with HFC. Shortly after getting the computer I began getting calls from HFC offering me a loan. The calls were constant and bullying almost. Reluctantly, I took out a loan with them. This was a consolidation loan for car finance. I never actually saw any money because they paid the car finance company directly.

Im guessing the £1150 was for PC WORLD and £3000 was for the car finance company.

to cut a long story short my financial status changed for the worst and I only managed a couple of repayments.

i eventually put all my debts including this one into a debt management plan after receiving a CCJ from this debt. The CCJ fell off of my credit file years ago.

the CCJ was registered at the address on the statements.

As far as the payment protection goes I was unaware of that but it appears they were adding it as well as interest.

I hope this helps but can't help feeling I've been vague. I have no paperwork and can't even say when the last payment was. Possibly a few years ago?

Im off to work soon on the night shift. I've Been up all day worrying about this.

thanks

[FlamingParrot]

Re: Lowell prove it letter.

i eventually put all my debts including this one into a debt management plan after receiving a CCJ from this debt. The CCJ fell off of my credit file years ago.

the CCJ was registered at the address on the statements.

As far as the payment protection goes I was unaware of that but it appears they were adding it as well as interest.

Ah, this changes everything. A judgment would supersede any agreement there would have been, so none of the above issues would really be relevant at this stage. It sounds as though they are not aware of the fact there is a CCJ for this. :noidea:

I hope this helps but can't help feeling I've been vague. I have no paperwork and can't even say when the last payment was. Possibly a few years ago?

CCJs don't go statute barred as such, however, it looks like they are not aware of the existence of the judgment, and it would have dropped off the public record after 6 years. Any idea what the terms of the judgment were to start with?

[Eagle1977]

Re: Lowell prove it letter.

It seems to be getting worse by the minute in what way does this change everything?

After a divorce and several house moves I have lost or destroyed any paperwork. I remember I was paying this debt via a debt management company at about £21.00 per month. This was while the CCJ was active. Does this help?

Thanks

[FlamingParrot]

Re: Lowell prove it letter.

It seems to be getting worse by the minute in what way does this change everything?

The issues Ame was exploring above all relate to the enforceability of the agreement, i.e. the ability to obtain judgment in court. As it happens, judgment has already been obtained, so none of that applies at this stage. What matters are the terms of the judgment.

After a divorce and several house moves I have lost or destroyed any paperwork. I remember I was paying this debt via a debt management company at about £21.00 per month. This was while the CCJ was active. Does this help?

CCJs never become 'inactive'. A creditor can apply to enforce the CCJ in various ways. It would appear Lowell may have bought this debt without being aware that it was subject to a judgment already obtained. The judgment is over 6 years old so it has dropped off the public record, however, unlike a debt that hasn't been subjected to a judgment, it won't go statute barred.

I'll try to find another thread where we discussed the issue of old CCJs quite extensively. :ranger:

[EDIT] I have found the thread: http://www.legalbeagles.info/forums/...4-year-old-CCJ

[Eagle1977]

Re: Lowell prove it letter.

Hi FlamingParrot

I have taken a look at that post. This is all quite confusing. I think my first step should be a SAR. Actually see what information they have on me then go from there. What do you think?

[FlamingParrot]

Re: Lowell prove it letter.

Hi FlamingParrot

I have taken a look at that post. This is all quite confusing. I think my first step should be a SAR. Actually see what information they have on me then go from there. What do you think?

As I said above, in principle CCJs stay live forever, having said that, the creditor has to go back to the court to be able to enforce them. When the creditor has taken no action to enforce in the first 6 years, then they wouldn't be able to start enforcement action after that. In this case you were making payments so no enforcement action was required.

If you don't mind paying £10 for it, it may be an idea, but don't expect much from Lowell since debt purchasers get very limited info on the accounts they purchase. You could also send a CCA request to see what they respond with. In reality they have no duty to respond to such a request once judgment has been obtained, however, since they don't seem to be aware of that fact, they may give you the runaround.

As ever, there's two sides to every coin. :decision: While digging around for info to satisfy your SAR and CCA requests, they *could* come across a copy of the judgment, in which case you'd have to be prepared to restart the payments ordered by the court or else you'd have to apply for a variation of the terms if you can't afford them, otherwise they could apply to the court to enforce the CCJ.

[Eagle1977]

Re: Lowell prove it letter.

As I said above, in principle CCJs stay live forever, having said that, the creditor has to go back to the court to be able to enforce them. When the creditor has taken no action to enforce in the first 6 years, then they wouldn't be able to start enforcement action after that. In this case you were making payments so no enforcement action was required.

If you don't mind paying £10 for it, it may be an idea, but don't expect much from Lowell since debt purchasers get very limited info on the accounts they purchase. You could also send a CCA request to see what they respond with. In reality they have no duty to respond to such a request once judgment has been obtained, however, since they don't seem to be aware of that fact, they may give you the runaround.

As ever, there's two sides to every coin. :decision: While digging around for info to satisfy your SAR and CCA requests, they *could* come across a copy of the judgment, in which case you'd have to be prepared to restart the payments ordered by the court or else you'd have to apply for a variation of the terms if you can't afford them, otherwise they could apply to the court to enforce the CCJ.

Hi

FlamingParrot.

Thanks for your help on this. I would like to ask a question. If you were in my position what would you do? Please be honest.

thanks again

[FlamingParrot]

Re: Lowell prove it letter.

Hi

FlamingParrot.

Thanks for your help on this. I would like to ask a question. If you were in my position what would you do? Please be honest.

thanks again

Let's say I'm a true believer of never waking a sleeping cub...

[Eagle1977]

Re: Lowell prove it letter.

Arrange a payment plan then