Lowell/Overdales - Halifax One Credit Card Debt

[Unique]

Hi, 

 

Like most people here I'm looking for some advice and haven't found a similar question already posted.

 

I ran into financial hardship in 2012 and struggled to meet the minimum payments to a Halifax credit card.

 

 That same year service was withdrawn by the bank and I entered into a peppercorn payment plan that I paid for a number of years.

 

 After sometime the debt was sold to Lowell and I actually #cringe continued to make payments.

 

In 2018 I wrote to them explaining I wouldn't be working due to health complications and made them a full and final payment offer which was rejected.

 

They wanted me to raise my payments even after I provided evidence I was in the red at the end of each month and living off of support.

 

 At that time I was fed up, felt harassed and stressed so wrote back stating that I've tried to work with them its going no where so I'm not making any more payments and I wont be corresponding with them again.

 

Over the years since this they'll periodically write and I'll ignore.

 

I did move, they found me and started sending letters to my new address.

 

I've had several we're considering referring to solicitor letters from them. 

 

Last week I received a 'Notice of Acting' letter from Overdales Solicitors. As per advice here I'm still inclined to ignore unless its a 'Letter of Claim'.

 

Over the weekend I did a credit check and there's no defaults in relation to this card, its not even listed as an old account.

 

Could it have been removed because of the age of the debt?

 

Is it possible they could still legitimately take me to court for this balance or are they trying new scare tactics for me to make contact?      

 

You're advice and experience would be appreciated. 

 

Much thanks. 

 

Have I posted this in the right place?

 

Edited October 10, 2022 by dx100uk
Spacing

[Andyorch]

Topic moved to Halifax Forum.

 

Keep the letters secure that they do have your current address for future reference...as for anything else continue to ignore.

[dx100uk]

i am wondering if YOU have actually written to Halifax or Lowells simply stating your current and correct address?

if you have not, it might be wise to do so to prevent a possible backdoor CCJ?

 

dx

 

[Unique]

I didn’t inform them I had moved however they now have my new address and are writing to me here. 

[dx100uk]

Then they are known for purposefully filing to last advised address.

 

Simply WRITE to Lowell inform them of your correct and current address as per debt ref xxxxx 

 

You should be doing this also regarding any debt you last paid/used that type of credit in say the last 7 yrs.

 

Dx

 

 

[Unique]

Ok thanks. That’s my only debt. 

[Homer67]

Telling them where you live does not restart the statute barred clock.

[Unique]

Good question.  

[Unique]

***UPDATE***
I have now received a ‘Letter of Claim - 30 days to prevent legal action.’

 

Included is a reply form. 
Section 1: Do you own the debt?

Section 2: How will I pay?

Section 3: Do You Intend to get debt advice?

Section 4: What documents are you sending or requesting? Inc. financial statement. 
 

Is this the point I engage? 

[dx100uk]

Hit letter of claim follow post 2

 

Dx

[Unique]

Thanks! Should the letter be addressed to Overdales or Lowell and sent to a PO Box address? I would feel happier tracking the letter but cant do this to a PO BOX. 

Any advice?  

[dx100uk]

now go back and read it again CAREFULLY.

 

and...

i'm not quite sure if you've done any reading around but you should also carefully note....

 

a DCA is NOT A BAILIFF.

and has

ZERO legal powers on ANY debt - no matter what it's type.

 

dx

 

[honeybee13]

Thread reopened; please post your update here.

 

HB

[Unique]

I submitted a CCA request in October 2022

 

receiving a package of documents in February 2023 providing a copy of the signed credit agreement with Halifax dated 2005 along with some of the statements of the account.

 

I believe the statements provided are incomplete as they start several years after the account was opened and doesn’t include the payments made after the card service was withdrawn and once the debt was sold nor included default notifications.

  

Overdales cover letter states if I wish to dispute the matter to provide further information or any evidence which will support my dispute.

 

To kindly note they are able to accept an affordable payment offer and they require me to make contact with my intentions towards the matter otherwise they may request a CCJ.

 

Further advice would be appreciated.

 

Thanks

[dx100uk]

Quite a std reply, same as everyone gets 

 

Can you scan up the CCA return to one mass pdf read upload carefully.

 

We don't need to see, nor you, the statements.

 

Dx

[Unique]

I can't see if link opens so fingers crossed I managed to do this right.       

CCA Reply - Feb 2023.pdf

[dx100uk]

tiss a bit blurry to read 

please dont compress it so much

max file size is 4.8Mb.

 

think you duplicated the same 9 pages too?

 

dx

[Unique]

I have no idea if or how I compressed it in the first place. Should I try again? 

There are two sets of documents. One starts with the personal details page followed by points 1-23.6. The other starts with personal details followed by point 1-17.6. 

Edited February 24, 2023 by Unique

[dx100uk]

pages 11 to 18 dont have a sig page

 

page 2 is blurred and the signed date is not showing?

is that your sig?

 

it looks to me 

pages 1 & 9 are dupes?

 

 

 

[Unique]

Bundles go 1-8  then 9-18 both have the duplicated pages 1-2 & 9-10 with my signature dated 2005. No signature on behalf of bank. 

I rescan and try to get a better view of the blurred page, the font is far smaller than on the others.  

 

**edit** I can rescan and try to get a better view of the blurred page. Its not the best quality and is a small font size.       

[dx100uk]

just that page

 

dx

[Unique]

Hope this looks better. 

 

Thanks 

CCA reply resend pg - Feb 2023.pdf

[dx100uk]

id say thats enforceable but ofcouse that is not all they have to supply should they be brave enough to do court...like the default notice etc etc

 

dx

 

[Unique]

Thanks.
I’ve not had a default notice, payments stopped in 2018. Should I advise them they didn’t provide all documents requested or go back to ignoring? In your experience are they brave enough to go to court?

[dx100uk]

god no.

dont tip them off

as i said ignore them until/unless you get a letter of claim.