Lowell - need advice

tucia

we have received letter from Oakam. They replay:

Please find enclosed with this letter a CD with all the available information you have requested from Oakam.
Call recording are normally held for duration of 2 years, so these are provided where possible.
Please be aware that Oakam's customers do not fill out application forms directly. They undergo an interview process and the information they provide is filled in by the customer service representative that is conducting the application. In this instance the applications have been provided as screenshots.
Regarding the statements provided, these show all the charges and interest due on the agreement as per contract.
Please be aware that the outstanding balance owed on your most recent loan has been assigned to Lantern (formally Motormile Finance UK Limited) on 15/09/2017. Thus, any concerns regarding balances or payments need to be sent to them.

on the CD was statement which showed that last payment of £5.00 was made on 31/05/2013
and few days ago also received letter from Lowell. They informed us that they requested all documentation from Oakam and as soon as they will receive they will send it to us. It may take up to 40 working days.

fatbelly

If it confirms the default date as in September 2013 (and that seems to fit in with the last payment date), then they have until September 2019 to start a court claim.

D_M_E

Who made the £5 payment and where was it made from and how was it made?

It's not unknown for a DCA or their agents to invent or make such token payments in order to reset the default date.

tucia

fatbelly wrote: »

If it confirms the default date as in September 2013 (and that seems to fit in with the last payment date), then they have until September 2019 to start a court claim.

Why until September 2019 if last payment was May ?
To be honest he doesn’t remember to making any payment of £5

sourcrates

tucia wrote: »

Why until September 2019 if last payment was May ?
To be honest he doesn’t remember to making any payment of £5

Recent case history in court, has decreed the default date to be the cause of action date, rather than the date of the last payment or written achnowledgement, which it was presumed to be until now.

tucia

D_M_E wrote: »

Who made the £5 payment and where was it made from and how was it made?

It's not unknown for a DCA or their agents to invent or make such token payments in order to reset the default date.

He doesn’t remember this £5 on 31/05/13 but he for sure he had last payment made on 23/05/13.
On statement it shows that they added another interest of £556.40 for period from 29/04/15-11/03/19 even though they sold debt to someone else in 2017 . Can they do that?

WhenIam64

even though they sold debt to someone else in 2017

Simple answer is no IF they have sold the debt as it is no longer theirs.

you are however, entitled to see a copy of the notice of assignment.

As SC says above, what evidence is there of the debt being "sold" - or was it simply passed on for collection?

Seems there is a lot of BS being thrown around here which they are entitled to do until it gets to the pre-action stage. If you get a letter threatening court, then some hard questions can be asked. At the moment, they have you on a hook and you are squirming due to the uncertainty/lack of clarity/lack of evidence.

You won't get much more until you get them to come up with the paperwork.

sourcrates

tucia wrote: »

He doesn’t remember this £5 on 31/05/13 but he for sure he had last payment made on 23/05/13.
On statement it shows that they added another interest of £556.40 for period from 29/04/15-11/03/19 even though they sold debt to someone else in 2017 . Can they do that?

WhenIam64 wrote: »

Simple answer is no IF they have sold the debt as it is no longer theirs.



As SC says above, what evidence is there of the debt being "sold" - or was it simply passed on for collection?

Seems there is a lot of BS being thrown around here which they are entitled to do until it gets to the pre-action stage. If you get a letter threatening court, then some hard questions can be asked. At the moment, they have you on a hook and you are squirming due to the uncertainty/lack of clarity/lack of evidence.

You won't get much more until you get them to come up with the paperwork.

I agree Lowell are dragging this out, and you appear to have some issues over interest been added after the sale to Lowell, I think you may have a case here for a written complaint about how and why that last lot of interest was added.


Of course we need the paperwork from them first to be able to take this further.

tucia

I haven’t been here for while. During summer holiday we got reply from Lowell:
“Oakam Ltd have been unable to supply all the documentation required to fulfill your request under section 77/78 of the consumer credi act 1974. We have been unable to provide the requested documents we have been decided to not pursue the outstanding money at this time. However if Oakam Ltd provide the requested documentation in the future, we may contact you again to request payment “.

sourcrates

Without said documentation, they cannot take legal action against you to force you to pay, so as things stand, you have smacked Lowell with a big stick, well done.


Keep your eye out for future letters, but it looks like they are not going to pursue the debt any longer.