Lowell and mckenzie

CCCS_Matthew

You've certainly got nothing to lose with defending the CCJ if it get's that far. Just to put your mind at ease a little, no bailiff can come to your property to cease goods. Bailiffs only have the ability to be sent if you default on a CCJ, or simply do not respond to the paperwork.

It's very unlikely that a creditor would simply write a debt off, especially if they are threatening with court action, secondly if the debt has been sold by Lowell it wouldn't be their debt to write off.

Personally, it might be worth defending the CCJ if you do get the paperwork through the letterbox because it does seem unfair that the company in question have been quite sneaky. It might even be worth asking McKenzie for a Data Access Request (more information here). For £10 you can request all the information that a company has on your file, which should given what you've show you made the settlement offer back in 2006. This is a legal requirement that McKenzie would have to do as it is part of the Data Protection Act.

Hope this helps
CCCS

jaggedpixel

RAS wrote: »

jaggedpixel

Do NOT ring this mob.

Please can you type in the letter or at least the paragraph where you are being threatened by court action.

This may be a serious attempt to get a CCJ or it may be an empty threat designed to fleece you when they do not have the required documentation to support legal action. Given that you have coughed up twice they expect you to do the same.

We also need to know

During what years did you acquire the debt. When you say that you did not pay for some years rior to 2005, when did you last pay the account prior to 2005?

The last payment I would have made is 2001-2002. Debt was aquired in 2001.

The letter from Lowells reads at the top:

NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM

TAKE NOTICE That legal proceedings are currently being prepared to be sent to court for services upon you. Should you want to avoid this happening you should contact us within the next 3 days to settlement of your current debt of £308.11.

Then it goes on about court costs and interest bringing it up to £475.57.

I will be writing a letter asking for any details held on me by Mckenzie.

The full amount was over £800. Mckenzie settled for £500. Lowells want the rest.

stapeley

I repeat, CCA REQUEST THEM ! It will cost you £1 + recorded delivery charge ! We can only advise you , the rest is up to you . This is a tactic of these people to get you to ring them , they then talk you into paying something there and then . Have you rung Mckenzie ?

RAS

Thanks for that.

It is not statute barred because you have paid twice since 2002, which means that you acknowledged the debt.

And this letter is is a threat; they have not applied for a CCJ so you cannot defend it.

As a starter you need the CCA letter, but I would recomend that when you get that off, you put in a SAR as well. You should do them separately.

Will be back with the letter shortly.

jaggedpixel

Is this the CCA Template? Where does the £1 come into it?
http://forums.moneysavingexpert.com/showthread.html?t=370548

Thanks for all your help everybody. I'm starting to feel a lot more releived and a little less panicky now

RAS

Unfortunately jagged, my computer refuses to open the link in the article, but here is rough version. Is this similiar?

Please do not sign it, just print your name. We have instance reported here when the returned sig was that of the person who sent the letter and not the putative debtor!

theThe Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

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.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

The one pound is the statutory fee that you have to send to pay for the CCA.
it must be sent registered mail or special delivery and check when it is received.

The DCa have 12 working days plus 2 to respond to you before they are in default. 30 days after that, you can tell them where to go, rather firmly.

stapeley

Include a request for a deed of assignment !

jaggedpixel

Thanks for that RAS. I'l have it in the post in the morning.

A lot of this is sounding like solicitor speak lol

Can I ask what a deed of assignment is and a SAR?

Should I add the deed of assignment like this:
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement and a Deed of assignment.

RAS

jagged, see the revised copy above with the deed added in.

Basically the deed of assignment is the letter that the creditor who had the debt provides the company to whom they sell it. If you have several DCAs all trying to get apid for the same debt, the deeds of assignment show who actully owns it right now.

SAR - Subject Access Request. They must supply all the documentation, which should include transcripts of phone calls, over the last 6 years. You would be able to show the timing of phone calls, the content of the call and that you have paid two large sums in the expectation that the debt was cleared.

For future reference, if you are ever in the situation again, you must get a letter in writing before you pay in which the DCA agree that they accept the sum as a full and final settlement and that they will mark this up on your credit record.

smashedbooboo

Please please dont speak to them on the phone, everything must be put in writing from now on in. Listen to what stapely is saying. You are not going to court in three days time. This is a threatening letter from them. The CCA is your consumer credit agreement. You can request this from the DCA. It costs a 1.00. On the top of the letter you must put I DO NOT ACKNOWLEDGE THIS DEBT TO YOUR COMPANY. Keep copies of everything. When you request your CCA this will put the debt into dispute. Until the supply you with your CCA they cannot pursue this debt. They can only pursue via the courts. But the judge would look very dimly on the case if they dont have the paperwork to back up the case. Dont worry hun. You are in the right place now. Loads of support here.