Received CCJ threat

awoken

Hi, can anyone please tell me the best way to deal with my current situation?

I have 2 letters stating that I have failed to make payment to Lowells debt company which I know 100% one payment (Nov '10)has left the account from which the money is/was to be taken. The second payment (Dec '10) I need to double check as it's not from my own account. (I have seen Nov '10 statement not Dec '10 though)
It's set up as direct debit to come out monthly. There are 2 debts I owe for which originally were taken out in the form of an egg credit card (2003-4) & a littlewoods catalogue in (2001) - definitely not after 2004.
I couldn't afford to pay the original payments so consolidated the debts with a debt management company (around 2006), again which I could not afford to pay after a couple of years.
Moved address, suffered with major depression etc. etc., everything went quiet had no contact did not inform I had moved address either.
All well & good now at another new address (which is not rented, but I am not the owner of/partner is) Oct '10 received 2 letters about Lowells debt company taking on the debts & stupidly I phoned them to sort it out, confirming name address etc. payment plan.

Now I get 2 letters threatening CCJs on me?

1. What do I do please as I've read a lot of information about sending off letters & I think I'm confusing myself.

2. If the bank statement from which the payments are being debitted from show the money has left the account & has been taken by Lowells, but they're stating I am refusing to pay - surely that's proof I'm paying?

3. Do I now have to go to court?

fatbelly

I wouldn't trust Lowells with a Direct Debit. Cancel and switch to a standing order.

awoken

They refused payment monthly by card saying that "everyone asks to do that, then they don't keep up payments". Also refused a standing order.

I have not contacted them since the first phonecall. They have text the mobile contact number I gave (on the first phonecall) a couple of times & after no reply from me, then sent me 2 letters. One for each debt amount owed.

Off the top of my head;

Egg credit card is £1000+
Littlewoods is £2500+

Then after that I received the 2 CCJ threat letters (one for each debt owed) a couple of days ago.

fatbelly

If you have their bank details for a D/D, then you have them for a SO - they're the same.

Giving them a mobile number may have been a mistake but you can always change your SIM

Has there ever been a six-year period on either of them where no payment was made?

Have you considered requesting a copy of the original signed agreement? There's a good chance Littlewoods never got one from you back in 2001.

awoken

fatbelly wrote: »

If you have their bank details for a D/D, then you have them for a SO - they're the same.

what's an "SO"? I don't think I have their bank details as they just take the money from the bank account, I don't put the money into theirs.

Giving them a mobile number may have been a mistake but you can always change your SIM

The mobile isn't in my name it's contracted in my dads name. Not sure if that makes a difference?

Has there ever been a six-year period on either of them where no payment was made?

The last payment from me to either of the original creditors would have been up until I began the consolidation of the debts with another company to help manage the debts in one monthly payment. So that would be from around 2006. I stopped paying the debt management company in 2008. Now I have made at least one definite payment (which Lowells are refusing to accept) plus the 2nd which I need to confirm with the bank statement. November last mont & December this month.

Have you considered requesting a copy of the original signed agreement? There's a good chance Littlewoods never got one from you back in 2001.

I haven't but that sounds like the answer & advise I need thanks. How do I go about this process? :beer:

clareabella666

My OH had a DD set up for lowells years ago, they claimed they never recieved payments. It was my bank account it went out of so i phoned lloyds and they said the money was definatley going somewhere. After phoning lowells again they suddenly " found " our payments.

This happened again 2 months on so we cancelled the DD and havnt paid them a penny since as we were so fed up. Not saying you should do this just saying your not the only one that has had this problem with them, i think they are useless

fatbelly

awoken wrote: »

what's an "SO"? I don't think I have their bank details as they just take the money from the bank account, I don't put the money into theirs.:

Whether it's a standing order or a direct debit, the details required are the same - sort code, account number, reference

awoken wrote: »

The mobile isn't in my name it's contracted in my dads name. Not sure if that makes a difference?:

They don't care who owns the phone - they'll harass you and lie to you by using it. The rule is 'everything in writing'

awoken wrote: »

I haven't but that sounds like the answer & advise I need thanks. How do I go about this process? :beer:

The letters you might need are here:

https://forums.moneysavingexpert.com/discussion/963087

The cca letter is post 5

awoken

Hi, thanks for the help so far. The letter you refer to states:

"I do not acknowledge any debt to your company."

If I have given my details over the phone to the debt company & made at least one definite payment to them, surely that would be acknowledgement of the debt?

Also:

"We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

Have I not already agreed by contacting the debt company & agreeing a payment plan by confirming my details?

I'm just trying to better understand all this as it's all new to me.

northerngirl30_2

ring your mobile service provider, say you have been getting nuisance calls and they should change the number free of charge for you! I had to do it with orange and they were nice about it... I might have said it was an ex boyf hassling me not debt collectors but I was still being harrassed! ;-)

awoken

northerngirl30 wrote: »

ring your mobile service provider, say you have been getting nuisance calls and they should change the number free of charge for you! I had to do it with orange and they were nice about it... I might have said it was an ex boyf hassling me not debt collectors but I was still being harrassed! ;-)

I have had only 2 texts from them on different days. Then 2 letters stating that no payment has been made to them, although the bank statement shows other wise. The 2 letters threatening a CCJ.

I wish I knew at the time not to contact them at all. I only started reading up on things after I had contacted them. I have basically played into their hands through my own ignorance.

I haven't got time to attend court & any letters I receive will be ignored anyway. I am tempted to contact Lowell Group about the payments, but I think it might make things worse?

I'm sort of stuck & confused atm as to whether sending a CCA will be of any use as I have made contact with them, confirmed my details, arranged a payment plan & made payment.

awoken

OK I have just re-read one of the letters from "HAMPTONS LEGAL" dated 15th Dec '10

"Avoiding legal action"

"we refer to previous correspondence you were sent by Lowell Financial Ltd and note that we are yet to agree a realistic arrangement to settle the outstanding debt."

"We are now considering legal action to recover your debt and it is important that you contact us as soon as possible to make repayment to avoid further action and further costs which may be added if we need to obtain a CCJ against you. Examples of costs you may have to pay if we are successful in obtaining a CCJ against you are:"

"Current Outstanding Debt: £2485.35"

"Court Fees: £120"

"Interest: £37.04"

"Total: £2642.39"


From what I can gather from this letter; I am to increase the amount I'm paying back to them which has already been agreed by them in the first place.

I also see that it states that "we are now considering legal action" so that means they haven't proceeded with legal action.

Also "further action and further costs which may be added if we need to obtain a CCJ"
"Examples of costs you may have to pay if we are successful..."


I thought it was illegal to add interest to debts?