• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lowell harassing me for unenforceable debt

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lowell harassing me for unenforceable debt

    Hello- I’m really hoping someone can advise me on this
    in 2010 when I seperated from my husband I was left with debts I simply couldn’t pay and set up a debt management plan .
    By 2018 all but an outstanding loan and seperate overdraft with Lloyds TSB had been paid off , however during the whole time I was on the DMP Lloyds and their subsequent DCA,s hounded me mercilessly to get me to pay the full balance owed , it was very stressful as I was never in the position to do so .
    In Jan 2018 I made my last payment via the DMP and contacted Robinson Way who had aquired the debt and asked to set up a payment plan which was refused

    Shortly afterwards my little girl was diagnosed with bone cancer and everything else was forgotten for 18 months while we lived in hospital and went through treatments and major surgeries , during which time I also had to move house

    In 2020 I sat down and sent a CCA to Hoist finance who had now aquired the debt and in early 2021 received a letter from them confirming that as they were unable to provide this , the account was marked unenforceable and was closed

    I assumed that was the end of the matter but in Jan this year I started getting letters from Lowell saying they had taken over the debt and they wanted full settlement .
    Since then I’m getting two letters a week , daily phone calls and texts and I’m really not sure how to proceed .

    Im currently my daughters carer and live on a low income .
    My understanding is that if the debt is marked unenforceable Would Lowell have been passed this information or do I need to resend a CCA request ?

    I did call them without accepting liability and asked why they were contacting me as A CCA request had been made with hoist and hadn’t been provided .

    They wrote afterwards informing me that I was liable for the date , still using my old married name and said that
    I’d opened the account in 1987under my married name with an outstanding amount of £1000- in 1987 I was 15 ! I opened the bank account at 15 as a basic teen account in my maiden name

    They also said that I’d opened the account at my previous address , again not correct
    I didn’t acknowledge the letter but the constant harassment is making me ill - where do I go from here ? A prove it letter or another CCA request ?
    I would add it’s £2000 in total and if I had it I’d pay it but I currently have a very minimal income and am only just getting by
    Tags: None

  • #2
    Hi Tiredofthis

    Welcome to LB.

    Firstly, try not to worry, you rightly are concentrating on the needs of your daughter.

    The last thing you need is 'harassment' by DCA's. I hope your daughter is doing well and on the mend.

    Hoist has been taken over by Lowells, but they should still have the same information at hand.

    Send the following letter (link below), but add the following to the letter:-

    The Financial Conduct Authority states the following in it's Handbook, Failure to Comply -
    1. Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
    2. In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
    3. In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.
    4. The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

    https://www.stepchange.org/Portals/0...-reminder.docx

    Make sure you get Proof of Postage.

    Update the thread.




    Comment


    • #3
      EXC Can you please approve my post. Spam bot on a mission.

      Comment


      • #4
        Done.

        Comment


        • #5
          Originally posted by EXC View Post
          Done.
          Thank you.

          Comment


          • #6
            Thank you so much for your response .
            You are right the additional stress isn’t helping things , the latest letter I received from them actually says they are now going to harrass me more ! They also say they are going to review my financial information and I may now receive visits from them . I’m sick with worry .
            I will get this letter written up using the template abc see what happens !

            Comment


            • #7
              Originally posted by Tiredofthis View Post
              Thank you so much for your response .
              You are right the additional stress isn’t helping things , the latest letter I received from them actually says they are now going to harrass me more ! They also say they are going to review my financial information and I may now receive visits from them . I’m sick with worry .
              I will get this letter written up using the template abc see what happens !
              Try not to worry, when you start thinking about it, distract yourself, do something you enjoy.

              They have 'zero' powers, a visit will be a waste of their time.

              Update the thread once you receive a response.

              Comment


              • #8
                Thank you - the letter is sent so I’ll update when I get a response

                Comment


                • #9
                  Apologies that it’s taking six months to update this !
                  I finally received a letter from Lowell last week confirming that one of the debts , a loan would be closed as they couldn’t provide a credit agreement , however they’ve followed it up with a letter today saying the remaining £1000 owing is for an overdraft on my old bank account and therefore no agreement is required. I’m just wondering how to respond as they are asking me to respond with repayment options

                  Comment


                  • #10
                    Originally posted by Tiredofthis View Post
                    Apologies that it’s taking six months to update this !
                    I finally received a letter from Lowell last week confirming that one of the debts , a loan would be closed as they couldn’t provide a credit agreement , however they’ve followed it up with a letter today saying the remaining £1000 owing is for an overdraft on my old bank account and therefore no agreement is required. I’m just wondering how to respond as they are asking me to respond with repayment options
                    Good news on the loan.

                    How old is the old bank overdraft?
                    Has the debt been admitted in writing over the last 6 years?
                    Has any payments been made on the debt over the last 6 years?
                    No agreement, but the overdraft would have had Terms and Conditions.

                    Comment


                    • #11
                      Thank you for replying and apologies I was unable to check the forum yesterday
                      The bank overdraft is 13 years old .
                      I had been making payments via a DMP so sadly it’s not statute barred yet , I think the last payment was made in early 2019.
                      No I’ve never admitted liability in writing

                      Comment


                      • #12
                        Originally posted by Tiredofthis View Post
                        Thank you for replying and apologies I was unable to check the forum yesterday
                        The bank overdraft is 13 years old .
                        I had been making payments via a DMP so sadly it’s not statute barred yet , I think the last payment was made in early 2019.
                        No I’ve never admitted liability in writing
                        O.K. there won't be an agreement, but there would still be Terms and Conditions.

                        Comment


                        • #13
                          Ok , so do I need to respond asking for a copy of the Terms and Conditions?
                          The letter says that there is no credit agreement as it’s not required for bank accounts and asks me to contact them with an offer of repayment

                          Comment


                          • #14
                            Originally posted by Tiredofthis View Post
                            Ok , so do I need to respond asking for a copy of the Terms and Conditions?
                            The letter says that there is no credit agreement as it’s not required for bank accounts and asks me to contact them with an offer of repayment
                            I would.

                            Comment


                            • #15
                              Thank you
                              I will do this although no doubt they’ll come back and say not required - it’s just exhausting , the bank account was abandoned 11 years ago and opened in 1988 when I was 16

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X