help

boardangels

hello can anybody help me i have been hounded by lowell for a loan debt amounting to £320 that is not mine i sent a cca request away to them on the 7th of october and they have until the 24th october to get back to me. now today i have received a letter from hamptons legal with the same reference number but the amount has been changed to £319 can anyone advise me on this? should i send out another cca request or is this just giving them extra time? or should i send out a prove it letter? can someone help me please?

fermi

Hamptons Legal are just another name that Lowells use. :rolleyes:

The debt hasn't been passed onto someone else really.

It sounds as if they have taken the £1 fee for the CCA request off the debt as a payment. They shouldn't do this as it is not a payment towards the debt.

However, whatever they do they are not entitled to enforce the debt without complying with the CCA request.

If they want to play silly games, then reply with this:

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

GeorgeUK

It looks like they may have assigned your £1 fee payment to the balance of the debt. I would get straight on to lowell about this if they fail to produce a copy of your CCA.

(amend as required)
http://forums.moneysavingexpert.com/showpost.html?p=15036539&postcount=33

As for Hamptons, send the "prove it" letter and save your £1.
http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=3

HannaB

Hiya,

I just stumbled on this thread. My partner has also been contacted by Red/Hamptons Legal/Lowell twice within the space of a week. We haven't written to them yet. My question is, which letter is it best to send as first contact, the CCA or the "Six years since acknowledgment"?

Also, how do I send my £1? Postal order? I'm not too keen to send a cheque in case they try anything with signatures and whatnot.

Thanks

HB x

MrsTinks

Well that depends - is the debt his, how long is it since they last chased the debt/he last paid anything towards it?
Personally I'd send a cheque but if you are worried they might try and forge the signature (rare but yes it HAS happened although not to my knowledeg from cheques...) then maybe YOU could sign a £1 cheque? The reason for a cheque is so that you can prove they have accepted payment

HannaB

MrsTine wrote: »

Well that depends - is the debt his, how long is it since they last chased the debt/he last paid anything towards it?
Personally I'd send a cheque but if you are worried they might try and forge the signature (rare but yes it HAS happened although not to my knowledeg from cheques...) then maybe YOU could sign a £1 cheque? The reason for a cheque is so that you can prove they have accepted payment

The debt is his, nothing to do with me (hence the signature below. Yey!). We've done a timeline and the debt is from early 2002. Definitely 6 years since contact or acknowledgment and definitely no payments.

Get it about the cheque now. I'm an obsessive online banker so I can track it if it's cashed.

So, CCA or "Six years - Leave me alone" letter?

Thanks again x