Any advice on dealing with Hampton's

[Lynnyloo]

After burying my head in the sand for several years, Hamptons are now chasing me for 2 Hbos debts ( 1 credit card and overdraft). I have ignored previous letters but their most recent one has made me think they are seriously thinking of court action as debts will be statute barred at the latest May 2014 ( awaiting on sar from hbos so will now exactly when I receive that)

Received Noa from Lowell's in June 2013 they have bought it outright.

Sent Hamptons my version of a prove it letter today, advising I would lawfully pay what I was due if they could prove legally that I owe them. But, if they bought the debt, is the debt not paid?

Surely the only way to prove that they own the debt would be by deed of assignment?

their recent letter advises " That iam leaving them no choice and they are now preparing to take legal action" "the action we may take is to make an application to the court for a decree or we may issue a statutory demand".

I'm in Sccotland any help or advice appreciated.

[FlamingParrot]

Re: Any advice on dealing with Hampton's

After burying my head in the sand for several years, Hamptons are now chasing me for 2 Hbos debts ( 1 credit card and overdraft). I have ignored previous letters but their most recent one has made me think they are seriously thinking of court action as debts will be statute barred at the latest May 2014 ( awaiting on sar from hbos so will now exactly when I receive that)

Received Noa from Lowell's in June 2013 they have bought it outright.

Sent Hamptons my version of a prove it letter today, advising I would lawfully pay what I was due if they could prove legally that I owe them. But, if they bought the debt, is the debt not paid?

Surely the only way to prove that they own the debt would be by deed of assignment?

What is your version of a prove it letter? Normally, prove it letters are sent when you are not sure what they are chasing you for or you have no idea about the debt. When a debt is sold, the OC will have written it off as a loss for tax purposes but the new owner is entitled to claim the full balance, even if they just paid 10% or so.

You say above you received a NoA in June, that should be proof that they own the debt.

their recent letter advises " That iam leaving them no choice and they are now preparing to take legal action" "the action we may take is to make an application to the court for a decree or we may issue a statutory demand".

I'm in Sccotland any help or advice appreciated.

Lowell DO issue statutory demands, they are quite fond of them, although Celestine here :yo: is also very good at beating them to a pulp.

Having said that, she can do with some help. Have you ever sent a CCA request for the credit card? If not, it would be wise to send one A.S.A.P. Overdrafts are a bit trickier, because they don't fall under the CCA in the same way. Would be useful if you could provide us with a few more details. :typing:

[FlamingParrot]

Re: Any advice on dealing with Hampton's

After burying my head in the sand for several years, Hamptons are now chasing me for 2 Hbos debts ( 1 credit card and overdraft). I have ignored previous letters but their most recent one has made me think they are seriously thinking of court action as debts will be statute barred at the latest May 2014 ( awaiting on sar from hbos so will now exactly when I receive that)

How old are the accounts above?
I would suggest sending a s.78 CCA request for the credit card straight away. :thumb:

Below is the CCA request letter, which should be sent recorded delivery with a £1 PO and signed using a computer font rather than your real signature.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

Yours faithfully,

[Lynnyloo]

Re: Any advice on dealing with Hampton's

The credit card was opened 2005 and the overdraft account in 2000. Around 2007 my mental health twindled fell into deep depression due to buried issues, medically discharged from work Oct 2008. Turned to alcohol in a big way which landed me in hospital on several occasions and rehab twice - this is when I just buried my head in the sand. Anyway been sober a good 18 months and working part time now which I love. They way I see it, these dca very nearly put me in an early grave and I don't want to give in without a fight. I do own my home which is in negative equity at the moment and I have no assets or savings. Credit card debt is £3500 o/d £2600


The Noa arrived in June from Lowell for both accounts, which they have cleared made up themselves. Account number for credit card is different on the Noa from the recent letters from Hamptons- prob just a clerical error though.


Sent prove it letter to Hamptons using standard template but also asking for deed of assignment. Also sar'd Hbos as I want to check dates of last payments etc and their Noa. I was assuming the sar would contain cca agreements, but do you think I should send cca request to Hamptons as well?


Would this his letter be any good for the overdraft account -


Dear Sirs,
Ref: XXXXXXXX
Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually, for the above numbered bank account with [enter bank name here].
As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.
You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;
s.74A(2) The current account agreement must include the following information at the time it is made:
(a) the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b) any conditions applicable to that rate,
(c) any reference rate on which that rate is based,
(d) information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e) any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).
You should also be paying attention to s.74(B)(2) which reads, I quote;
s.74B(2) The matters referred to in subsection (1) are:
(a) the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b) the amount of that overdraft or excess,
(c) the rate of interest charged on it, and
(d) any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).
Therefore in line with the above, please could you send me what you should have been doing annually, to allow me to take whatever action I deem appropriate.
I trust that I have set out the position clearly and I await your response with the requested information.
Yours faithfully,

Sign using a computer font




Sorry for the rushed reply.

[FlamingParrot]

Re: Any advice on dealing with Hampton's

The credit card was opened 2005 and the overdraft account in 2000. Around 2007 my mental health twindled fell into deep depression due to buried issues, medically discharged from work Oct 2008. Turned to alcohol in a big way which landed me in hospital on several occasions and rehab twice - this is when I just buried my head in the sand. Anyway been sober a good 18 months and working part time now which I love. They way I see it, these dca very nearly put me in an early grave and I don't want to give in without a fight.

Of course you shouldn't give in, most certainly not to the Lowlife Leeds Losers known as Lowell! :nono: Hence my suggestion of sending them a CCA request. :thumb:

I do own my home which is in negative equity at the moment and I have no assets or savings. Credit card debt is £3500 o/d £2600

Although it may sound like a lot, your debts are really not that large, I owe a bit more and there's some on here with debts up to a whooping £150k, who are not paying them. :grin:

The Noa arrived in June from Lowell for both accounts, which they have cleared made up themselves. Account number for credit card is different on the Noa from the recent letters from Hamptons- prob just a clerical error though.

Sometimes DCAs do assign their own account numbers upon purchase. I assume you do know Hamptons are part of the Lowell Lowlife group...

Sent prove it letter to Hamptons using standard template but also asking for deed of assignment. Also sar'd Hbos as I want to check dates of last payments etc and their Noa. I was assuming the sar would contain cca agreements, but do you think I should send cca request to Hamptons as well?

I would still send it, you may well get a copy of the agreement as part of your SAR but a SAR is a request under the Data Protection Act, not the Consumer Credit Act. A CCA request gives you legal protection, especially if they were to get nasty and issue a SD. Cel always recommends sending one.

Would this his letter be any good for the overdraft account -

I see you've done a good job of locating it, yes, I would send that for the O/D. :thumb:

[Lynnyloo]

Re: Any advice on dealing with Hampton's

Right well I'll get CCA requests off shortly then i'll take it from there. It's all a learning curve!


Thanks for your help.