Lowell - need advice

D_M_E

As Sourcrates says, stay off the phone and probably also do not reply to their elmails neither.

If they do manage to speak to you, tell them all communication to be in writing only and remind them you are waiting for their response to your CCA request - you did send them one, yes?

redux

It seems strange to me that the two reports quoted in post 3 don't tally enough.

Obviously the account has been passed from one to the other (hence one shown as settled), but there are 4 different versions of the alleged balance, including even 2 different alleged default balances at apparently the same time, September 2013.

Among your other queries I'd say don't concede or volunteer anything until they explain these discrepancies, and why the balance(s) have been increased after the given default date.

PixelPound

The differences in the balances can be dependant on when things were transferred. An original creditor will have defaulted the account, so that's one balance, they may have then tried to recover the debt, say employing DCA, so charges and interest will have been added. The could have sold this on to another DCA so there will be balance at that transfer, and it is possible this could be further sold onto another DCA. So it's not uncommon that the current balance is higher than the default balance, it just does not mean that you can assume all the increases were from the charges added by the final DCA.

sourcrates

nic_c wrote: »

The differences in the balances can be dependant on when things were transferred. An original creditor will have defaulted the account, so that's one balance, they may have then tried to recover the debt, say employing DCA, so charges and interest will have been added. The could have sold this on to another DCA so there will be balance at that transfer, and it is possible this could be further sold onto another DCA. So it's not uncommon that the current balance is higher than the default balance, it just does not mean that you can assume all the increases were from the charges added by the final DCA.

But costs as you describe can only be added if the original agreement allows them to do so, everything a debt collector charges has to be in line with the agreement they buy, when they buy a debt, all rights and privilages are transfered to them, but the same rights and privilages of the original agreement, still apply to the debtor also.


Unless it specifically states on the agreement that interest and collection charges can be added if you default on this agreement, then any such change is ilegal and cannot be enforced through the courts.


This is why its critiacl to obtain a copy of your agreement so you are aware of your rights, and the creditors, this is primarily why sec 77/79 exists.

WhenIam64

Unless it specifically states on the agreement that interest and collection charges can be added if you default on this agreement, then any such change is ilegal and cannot be enforced through the courts.

You misunderstand the courts. Anything that is unchallenged is accepted as truth as the Claimant has signed a Statement of Truth and the defendant has not challenged.

Since [STRIKE]95[/STRIKE]% 87% (*)of the Small Claims go unchallenged then you can see the foundations of their business model.

*2017 figure but relatively stable around 90%

tucia

We have first reply from Oakam after sending them SAR. They requested my partner photo ID for identification. Shall we send them?
What to reply?

sourcrates

WhenIam64 wrote: »

You misunderstand the courts. Anything that is unchallenged is accepted as truth as the Claimant has signed a Statement of Truth and the defendant has not challenged.

Since 95% of the Small Claims go unchallenged then you can see the foundations of their business model.

100% the OP should challenge this, that’s what we are working towards in this thread, I was not aware this had been anywhere near the courts ?

fatbelly

tucia wrote: »

We have first reply from Oakam after sending them SAR. They requested my partner photo ID for identification. Shall we send them?
What to reply?

They can make reasonable or 'proportionate' requests:

Can we ask an individual for ID?

If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality.

You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information.

I'm not sure that seeing his photo would be proportionate but I guess they're saying they would like to see a copy of a driving licence or passport as proof of who is making the request - that would be OK I think. I definitely wouldn't send the original.

WhenIam64

I was not aware this had been anywhere near the courts ?

Apologies to you and the OP. You are correct and it is just that Lowell are in the county courts each and every day as fits their business model.

Over £10K would be Fast Track though I've never seen them there. Today they are doing a couple of Attachment of Earnings (N63) and a set-aside for a default CCJ. They are not to be underestimated.

tucia

Now we received answer from Lowell. It looks like they don't have documents.
They replied: We have requested the required documentation from the original client Oakam ltd. with regards to your request for a copy of the deed of Assignment, please be aware that we are not obliged to provide this document to you. Due to the nature of our business, accounts are purchased in bulk and as such this document would contain sensitive information relating to other customers accounts