Lowells - Have they finally gone too far? **WON**

[removalman]

Hello All,

This is my first posting and for the last few months I've been watching with keen interest the numerous postings on this great site about Lowells.
Based upon some of the things I've been reading, I have every reason to believe that they have have now just gone one step too far in their dealings with me and I'm looking for some guidance as to the best course of action open to me.

First of all some brief background...

I started being harrassed by the Lowells, Hamptons, Red threatograms about a year ago over a disputed Barclaycard debt. The debt has been consistently denied as its not owed. The letters from these people get increasingly aggressive to the point where they seem to be just about to take legal action but then of course they don't (because they can't prove the debt). Then the merry-go-round just starts up all over again. For the record, my financial position is such that if I honestly thought I owed Barclaycard (or their alleged assignees) the money I would pay it immediately. I would be happier spending the money (if I had to) on lawyers.

That's the background done, now to the present state of play...

On 15th October I wrote (enclosing my PO for £1.00) requesting a copy of the CCA. Got the typical reply a day later about "endeavouring" to do so within 12 days etc. Suffice to say, its now five weeks later I've not heard any further from them.

However, last week a firm of solicitors called MacKenzie Hall phoned me about the debt (which was a tad surprising given that I was under the impression that until they produced the CCA they couldn't take any further action). Anyway the debt was duly denied and in yesterdays post came a letter from Mackenzie Hall requesting payment or court action blah blah blah.

So now what do I do?

I've seen suggestions on some threads here that Lowells may actually be committing a criminal offence? If that's true, then I would love to go to the police and make a complaint - but on what grounds? I would want to make sure that I had it exactly right as to the offence they may be guilty of as it would be great for these people to be on the receiving end of some harrassment for a change.

What other avenues are open to me?

I've seen some very mixed messages on here about the relative effectiveness/knowledge of Trading Standards - so would that be a waste of time?

Should I approach the OFT or the FSA? They're also presumably in breach of some Data Protection regulations if they've passed my details onto MacKenzie Hall.

Or perhaps in the first instance I should write direct to Lowells to make them aware of what I may do and give them seven days to end this harrassment once and for all. Perhaps I ought to make sure that MacKenzie Hall are made aware that as they are a party to any alleged breaches that they are potentially in the firing line too?

Would welcome advice, guidlines, opinions etc.

[Nottsdave]

Hi

The experts will be along shortly, but Mac Hall are slugs and not solicitors

Good Luck with Lowells

D

[tooth_fairy]

Hi
Nottsdave is correct, Mackenzie Hall are not solicitors, if they are palming themselves off as such, that is an offence.

Interestingly, Lowell & MH seem to be experts in buying unenforcable debts.

Anyhow, you are the one with the upper hand now, Lowells have broken the 12 working day rule for supplying you with a CCA AND they have also seemingly sold on a debt in dispute, so Lowells are really being pretty pathetic.

Your first port of call should be a letter to Lowell's area's Trading Standards dept, saying they have failed to comply with your request for proof of debt and that they have sold on an account in dispute, also forward a copy to your local trading standards. I would also be inclined to do the same for the trading standards in Mackenzie Hall's area too.

Whilst doing this, also get yourself onto the OFT/FOS websites and start writing your case and send to them, a FOS complaint will cost Lowells and MH £400 just for the pleasure of having a complaint being made against them.

I've sent you a PM as well on the matter.

TF x

[ODC]

First tghe good news. Clownells should not have passed your debt on whilst they had failed to comply with your CCA request. Even more good news. Mackenzie Hall are worse than useless. Even more good news. You know there is no agreement when Mac Hall get hold of a debt. Of all the lowlife scum in this sordid industry Mac Hall are the lowest , yes even less reputable than Clown ells. Send this to Mac Hall


ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

AND THIS TO CLOWNELLS


Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
BLAH

[ODC]

Originally Posted by tooth_fairy

Hi
Nottsdave is correct, Mackenzie Hall are not solicitors, if they are palming themselves off as such, that is an offence.

Interestingly, Lowell & MH seem to be experts in buying unenforcable debts.

Anyhow, you are the one with the upper hand now, Lowells have broken the 12 working day rule for supplying you with a CCA AND they have also seemingly sold on a debt in dispute, so Lowells are really being pretty pathetic.

Your first port of call should be a letter to Lowell's area's Trading Standards dept, saying they have failed to comply with your request for proof of debt and that they have sold on an account in dispute, also forward a copy to your local trading standards. I would also be inclined to do the same for the trading standards in Mackenzie Hall's area too.

Whilst doing this, also get yourself onto the OFT/FOS websites and start writing your case and send to them, a FOS complaint will cost Lowells and MH £400 just for the pleasure of having a complaint being made against them.

I've sent you a PM as well on the matter.

TF x

A couple of points TF

You cannot make a complaint to the FOS until you have exhausted Clownells infernal complaints procedure. Similarly with Muck Hall.

[tooth_fairy]

Thanks for clairfying ODC

[babybear39]

Muck Hall will scuttle back under thier rock as soon as they get your letter

East Ayshire Trading Standards are snowed under with complaints re: this lot.

Also worth putting a complaint into your local TS for non-compliance of CCA request and lowells passing the debt on whilst in dispute. Here's the link for TS Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Good luck and best wishes.

[NailPost]

The letter to Lowells is too long in my opinion. There's no need towaste time in reminding them of the law they are supposed to follow.

But I would put in a line asking for details of their complaints procedure. They are obliged to have one and have to send it to you on request. If they do follow it until a satisfactory solution is reached. They have eight weeks to do this. Do the same with Mackenzie Hall.

If neither parasite responds with details of their complaints procedure within say 7 days, allowing a bit of leeway for snail mail, report them straightaway to the Finanicial Services Ombudsman. Failure to supply complaint procedures is a reason in itself to complain to the Ombudsman on top of their other misdemeanours.

Be sure to report that MHall are trying to pass themselves off as solicitors.

[removalman]

Thanks to EVERYONE for your replies this morning, its been most helpful.

I've decided to send the appropriate letter to Mackenzie Hall but I'm going to wait another week or so before I write to Lowells as I want to wait the full 30 + 12 days which is not quite there yet.

Is that a sensible course?

I'm still intrigued by the prospect of them being potentially guilty of a criminal offence - has anyone got any experience of making this stick and involving the Police or is it just theory thats never been tested?

[tooth_fairy]

Not in as far as the Law is concerned, Removalman.
However I got Trading Standards involved with Robinson Way & Co (another scum of the DCA world) and as a result of that intervention, the admitted defeat and closed the case, I am now fighting for them to remove 2 defaults they entered on my credit record.

I think it is almost impossible to 'criminally' default DCA's, however, Trading Standards, Office of Fair Trading and the Financial Ombudsman Service do make up a good argument against these people.

[removalman]

Hello again to everyone. I thought it was an idea to give you an update:

I wrote to Mackenzie Hall in line with the template suggested in this forum and they replied within two days confirming that I will not hear from them again. Hurrah!! So one down, just one to go - Lowells!

These people can be beaten. But I couldn't have done it without the superb knowledge available from everyone on this site. So thank you!

All said and done, it does have a slightly hollow victory as the debt was never owed in the first place but right this minute there is a sense of relief that the harrassment is coming to an end.

Regards,


Tony.

[babybear39]

Congratulations removalman

Keep that letter VERY safe

[removalman]

I most certainly will!

Wrapped in Cotton Wool (and scaned and saved).

Cheers!

[removalman]

Job done!

Went through the Lowells complaints procedure (a waste of two weeks) but have today got a letter from them confirming their files are now closed!

This wouldn't have happened without the knowledge and support of the the clever people on this site - so many thanks to one and all - and seasons greetings to you all.

Lowells can be beaten - and thats the best Xmas pressie of all!

Cheers!