Lowell - Red & Hamptons - Aqua & Vanquis Debts Advice Saught

arandomname

Hello everyone,

I am coming back after seeking previous advice pertaining to two debts I have outstanding. The first being a Vanquis debt and the second one which I resolved seperately. The Vanquis debt I was advised to ask for a copy of the credit agreement which I did. Lowell responded that they would get the agreement from Vanquis and got back to me. I received that letter several times each time advising me that they had not received it yet but were still trying before finally receiving a letter which stated that they had not been able to get the credit agreement and therefor were not going to be able to pursue the debt.

At the time I was quite relieved by this. I got myself into trouble with numberous debts after an accident stopped me from being able to work and pay my bills. Although my situation has improved some I am still not yet back to previous levels of mobility and although I am working I am nowhere near being able to work at a level previous to the accident and therefore simply do not have the amount of money required to suitably deal with these debts.

Fast forward to a few weeks ago and I received another letter from Lowell advising me that they had sent out the information I requested however they had not yet received a suitable reply from me. If they didn't get an offer or payment they would forward me to Red Debt collections. I then received letters from Red Debt with regards to this debt and finally today have received another one (there must have been 6 or 7 letters over the last few weeks) advising me that if I don't deal with the debt they will forward it to Hamptons Legal.

My question on this one is how do I deal with this? I have thought of sending them a letter with a copy of my original credit agreement request as well as with copies of their letters advising they couldn't find it and as such couldn't legally pursue the debt but is this the right line to take?

The last payment I made to this card was roughly a year ago so there is not a case of it being statue barred. However the means by which I came about having this credit card were very dodgy and I am VERY confident that I never signed a credit agreement - digital or physical.


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The second item I am seeking advice for is a debt owing to Aqua. I had an Aqua card and for the same reasons I was unable to keep paying for it. This debt was passed along a while then sold on to Lowell as well who sent me letters for several months then seemed to have quickly shifted it on to Red and now are stating it will be sent to Hamptons Legal also of Lowell. This one I definitely signed a credit agreement for. I decided to see what money I could potentially pool together and sent them an offer a little over a week ago putting that offer to them using the template available on this website. The offer was for some 20% of the balance outstanding. I outlined the fact that I wasn't working full time, couldn't support myself, am technically homeless (I sleep on a mates sofa still), etc, etc as reasons why I couldn't fulfill the debt.

My question on this one is how likely is it that they would go through with court action on this debt? The outstanding balance is just over £1100. I have tried to do my own research on this subject but have not found anything conclusive. I would like to deal with this and have them go away but I don't realistically expect that they will accept the offer I put to them. At the same time I am simply not willing to give them any of the small amount of money that I am able to make these days especially when I am not currently even able to pay for my own accommodation and, well, survival. What should my course of action be when they reject the offer and decide to move the debt on to Hamptons Legal and continue to pursue it?

Thanks in advance for any advice

happy_bunny_2

First point. Looks like they are blagging it. Send them another CCA request, they must respond to it. So after 14 days, it's unenforceable again.

Second point. If this was taken out before April 2007, send them a CCA request. Doesn't matter you signed it, they gave to produce it on debts before this date.

They may accept the offer or come back with a counter offer.

HB

sourcrates

Your first issue, do you have the letter saying Lowell are not going to pursue the debt ?
If so send them a copy of that, within a letter headed "COMPLAINT" stating they have already said they wont pursue it and you will report them for unfair debt collection practices if they continue to do so.
Lowell are a large organisation, with many different departments, one doesn't always know what the other is doing.


Second issue, if you have made them an offer to settle, wait and see what comes back, its usually a matter for negotiation, so expect to play letter tennis with them for a while.
As long as they think they will get some money from you, court action on this is unlikely.

chanz4

aqua possible before 2007, vanquis launched 2009

rizla_king

http://www.vanquis.co.uk/about/our-history

2003

Over 36,000 customers accepted!
The Customer Service call centre is set up at Chatham in Kent.
Vanquis Bank becomes authorised and regulated by the Financial Services Authority.
Vanquis Bank launches its first direct mail campaign with the first credit cards issued in May.