Lowell's chasing old HFC personal loan plus debt

[Eagle1977]

It's all pressure cooker tactics from Lowell... Reclaim all the way.

 

There awful

[dx100uk]

Hi Dx

 

The dmp was with Gregory Pennington

 

oh dear, fleeced blind

 

they are in bed with most of the DCA's

 

dx

[Eagle1977]

Oh great.

 

We'll I guess Ill await the SAR then go from there

[Eagle1977]

I have been looking around the internet with regards to enforceability of Consumer Credit Agreements.

 

When LOWELL sent me the agreement along with other paperwork,

it appears there are no prescribed terms

 

which should include:

1) total amount payable of the loan with interest.

2) frequency and timing of repayments.

3) amount of each repayment.

4) number of repayments.

 

Also, I have not dated underneath my signature which the agreement asks for. The only date is by the creditor underneath his signature.

 

I've also noticed it does not state anywhere my right under the consumer credit act to cancel the agreement.

 

Is there anybody that could help with this?

 

The CCA sent by LOWELL is on:

Post #48

hfc bank 01.pdf

 

Thanks in advance

[dx100uk]

not sure where you are reading that.

 

a CCA request is the original or recon.

statement of account

T&C's at birth or at any major changes

 

theres no requirement for a cancellation box

if you signed it in the HFC office

which sadly many of us did.

 

edit: you PLP agreement says trade premises

 

dx

 

 

dx

[Eagle1977]

Hi everyone

 

Ok I'm now in the process of claiming back the interest charges and PPI on this account. In regards to the charges, I have gone through all of their interest charges and added them up. This comes to a woping £1496.60

 

I've also added up their £15.00 administration fees which come to:£260.00

 

PPI was also added to the account which cost £1152.08

 

The original debt was £4200

 

In total I have paid £1873.50 off of this debt since 2001.

 

LOWELLS claim I still owe £4058

 

taking away interest charges this would equal: £2561.4

Taking away the administration fees this would equal: £2301.4

Taking away the PPI this would then equal: £1149.32

 

Then taking into account the payments I have already made of 1873.3 this would then leave: -£723.98 meaning they actually owe me £723.98?

 

Is this how I would claim the interest etc?

 

Thanks

[dx100uk]

PENALTY charges on the CISHEET at their int rate

 

PPI on the statint sheet.

 

you cant reclaim interest.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

dx

[Eagle1977]

PENALTY charges on the CISHEET at their int rate

 

PPI on the statint sheet.

 

you cant reclaim interest.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

dx

 

Oh thought I was actually having some luck with this. Ok so the admin fees are penalty charges?

[dx100uk]

fixed fee repetitive ones £12?

 

scan up the statements if you wish

 

dx

[Eagle1977]

Ok,

 

I have read through the terms and conditions of this HFC loan agreement. It does not state anywhere that if the debtor ie: me, has defaulted on the account in any way shape or form, then it will be passed or sold to a DCA. Also it does not mention anything about the use and distribution of my personal data.

 

So:

 

1) They have sold the debt to Lowell's

2) And have given my personal details to a third party without my consent.

 

This is an excerpt from the terms and conditions that may be relevant?

 

"15 Transfer, In so far as permitted by law you agree that we may at anytime transfer-

(1) Our rights and benefits under this Agreement and your liability on the account.

(II) our duties and obligations (including without limitation any obligation on our part arising from your rights under clause 3(a)) Under this Agreement, to any other person without having to give you prior notice. Any such transfer will be without prejudice to you continuing to meet your obligations under this Agreement and shall without prejudice to your statutory rights, including your rights under the Act"

 

Can anyone help?

 

Eagle

[BRIGADIER2JCS]

Ok,

 

I have read through the terms and conditions of this HFC loan agreement. It does not state anywhere that if the debtor ie: me, has defaulted on the account in any way shape or form, then it will be passed or sold to a DCA. Also it does not mention anything about the use and distribution of my personal data.

 

So:

 

1) They have sold the debt to Lowell's

2) And have given my personal details to a third party without my consent.

 

This is an excerpt from the terms and conditions that may be relevant?

 

"15 Transfer, In so far as permitted by law you agree that we may at anytime transfer-

(1) Our rights and benefits under this Agreement and your liability on the account.

(II) our duties and obligations (including without limitation any obligation on our part arising from your rights under clause 3(a)) Under this Agreement, to any other person without having to give you prior notice. Any such transfer will be without prejudice to you continuing to meet your obligations under this Agreement and shall without prejudice to your statutory rights, including your rights under the Act"

 

Can anyone help?

 

Eagle

 

 

 

Hello Eagle,

The "section 15" gives the bank the right to sell/assign the account to any third party as and when it wishes in default or not, this would also include sale of a portfolio of accounts to another bank ( e.g.EGG Barclaycard) .

 

 

So the sale to Lowell with all the rights obligations and benefits is lawful.

[Eagle1977]

Hello Eagle,

The "section 15" gives the bank the right to sell/assign the account to any third party as and when it wishes in default or not, this would also include sale of a portfolio of accounts to another bank ( e.g.EGG Barclaycard) .

 

 

So the sale to Lowell with all the rights obligations and benefits is lawful.

 

Thanks Brig,

 

So the processing of my personal data, is that also lawful, despite there being no clause in the terms and I did not give my consent ?

[dx100uk]

correct

 

been that way for many many years.

 

now back to reclaiming?

 

dx

[BRIGADIER2JCS]

Thanks Brig,

 

So the processing of my personal data, is that also lawful, despite there being no clause in the terms and I did not give my consent ?

By signing the agreement with that clause in it you agreed to the data being shared.

[Eagle1977]

Ok thanks,

 

It was worth a try.

 

I have sent a SAR to HFC directly. Sent that on Friday. Just waiting now, then I'll go for the charges and PPI.

 

Eagle

[Eagle1977]

Hi there,

 

I have received a reply from HFC with regards to my SAR request.

 

The letter outlines that HFC. are part of the HSBC group etc etc. Nothing I didn't know already.

 

But what has really annoyed me that they have sent back my SAR letter and £10.00 postal order.

 

And said " before we can reply please resubmit your full request with the following information:

Your certified/original European signed passport or Full UK driving licence"

 

Can they do this?

 

They must know who I am because they have had Lowell calling and threatening me for months!!

 

Or perhaps they are playing a game because in the SAR I wanted more information on the PPI added to the account

which was over £1100 and already pre ticked with a computerised x on the credit agreement!!!!!!!

 

Eagle

[BRIGADIER2JCS]

Hi there,

 

I have received a reply from HFC with regards to my SAR request. The letter outlines that HFC. are part of the HSBC group etc etc. Nothing I didn't know already. But what has really annoyed me that they have sent back my SAR letter and £10.00 postal order. And said " before we can reply please resubmit your full request with the following information: Your certified/original European signed passport or Full UK driving licence"

 

Can they do this?

They must know who I am because they have had Lowell calling and threatening me for months!!

Or perhaps they are playing a game because in the SAR I wanted more information on the PPI added to the account which was over £1100 and already pre ticked with a computerised x on the credit agreement!!!!!!!

 

Eagle

 

 

Hi Eagle yes they can do this as part of their data protection procedures and the account is closed with them you are no longer their customer.

[dx100uk]

either that or send them a CTAX bill copy.

 

dx

[Eagle1977]

*****UPDATE*****

 

After HFC declined to send me a SAR, I sent the same request to Lowell. Received a letter from stating the account is now subject to section 5 of the limitation Act 1980. And they have closed the account.

 

Eagle

[BRIGADIER2JCS]

*****UPDATE*****

 

After HFC declined to send me a SAR, I sent the same request to Lowell. Received a letter from stating the account is now subject to section 5 of the limitation Act 1980. And they have closed the account.

 

Eagle

 

 

 

Well that's a great result out of the blue Eagle well done!!!

[dx100uk]

reclaiming time now

 

 

dx

[Eagle1977]

reclaiming time now

 

 

dx

 

Thanks to all on here! We'll it's one battle won. Vanquis and Capital one still to go.

 

Surely any charges I reclaim will just get swallowed up on the debt?

 

Eagle

[dx100uk]

not if HFC have sold the debt they cant offset

[fkofilee]

Only issue you'll have is if they bring the debt back in house... This is done every so often.

 

Anyhow, very happy for your success

[dx100uk]

not by HFC

 

 

dx