Lowell Portfolio

[UK26]

Right guys, will be posting up details of my case with Lowell.

this will show you how good they are at reading my letters

need to scan the documents in so will take about 20 minutes to get this Thread on track and precent the full facts etc






Quick Break Down

08/02/08 Letter sent to Lowell Group regarding an alleged account. Requesting documentarily evidence

13/02/08: Letter received from Hampton’s Legal on behalf of there other company Lowwell Portfolio 1 Limited regarding a debt with Barclays Bank for a personal bank account

13/02/08: Letter received from Lowell Financial acknowledging receipt of my letter dated 08.02.08 requesting a copy of the Sales agreement

27/02/08: Letter sent to Lowell Financial issuing them with a default notice due to failure to provide the requested documentation within the prescribed time limit

27/02/08: Duplicate letter received from Lowell Financial advising they have requested the documentation. This letter is the same as received on 13.02.08

03/03/08: Lowell provided copies of Bank Account Statements

12/04/08: Letter sent to Lowell Financial raising dispute over the amount of money claimed, due to a large number of Paid referrals

17/04/08: Letter received from Lowell Financial regarding the letter I had sent on 12.04.08 about the disputed account. Lowell have advised me to contact local Barclays Bank, yet they claim they have purchased the debt and they are the legal owners

19/04/08: Letter sent to Lowell Financial regarding there letter sent on 17.04.08. Section 10 Notice of the data protection act 1998 sent advising them to cease processing any data as I have not received confirmation from Barclays Bank via form of a Deed of Assignment

28/04/08: Letter received from Barclays Bank confirming the account was Sold to Lowell Portfolio 1 LTD on 29.11.2006 however this letter was not signed by the bank so cant be validated

27/08/08: Letter sent to Lowell Financial advising of new postal address and response to letter received from Barclays Bank on 28.04.08 and to inform them that they must either cease processing data or provide a response to why they wish to continue processing such data as directed by the data protection act 1998

03/09/08: Letter received from Barclays – notice of assignment (Actually Sent by Lowell) duplicate of letter received on 28.04.08. Lowell have not fully understood my last letter. So a LBA will now be issued.

03/09/08: Letter Received from Red Debt Collection Services ( Another Company of Lowell) advising they have now updated there records with my new contact information

08/09/08: Letter sent to Lowell regarding there reply to my latest letter, again advising them the document was not signed and as a result, I would now take legal action.

09/09/08: N1 Claim issued by Peterborough county court against Lowell - which they must respond by 29/09/08

15/09/08: Letter sent to Lowell Portfolio advising the amount of disputed balance and enclosing a disputed balance sheet. Total Amount disputed £547.00

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My next post will show some interesting documents (NOAs from Barclays) me thinks lowell may now be typing Noa's up on behalf of Barclays Bank

[UK26]

[Notice of Assigments]

This was was received when i was living in Wisbech - Norfolk

Sent on 28/04/08



the Above NOA is not signed nor does it have any names on the document which would allow me to contact the bank to confirm they sent it.

Latest copy - I sent a request to Lowell to provide a signed copy of the NOA. also i advised i had moved and now live in Peterborough, this was sent to Lowell on 27/08/08

Barclays have never been told my new address at least from me anyway

New NOA dated 03/09/08





now my request for a signed copy sent on 27/08/08 which they should have received it on 28/08/08 - this being a Thursday

now the new NOA is dated 03/09/08 ( turn around 4 Working days) very quick response - you might think.

so i phoned them up about it and asked them when would i receive a signed copy. i got transfered a few times and the manager took the call

She said, if i wanted a signed copy they would have to request this from Barclays Bank and would take some time (2 / 3 weeks)

so i said, in that case how did they send the last copy within 4 working days of making the request. unless you are typing up the letters your selfs, she said yes, but if i wanted a signed copy they would have to order it.

The envelop had a Leeds stamp mart on it

[UK26]

I sent Lowell a letter saying the balance claimed i owe contained charges etc and PPI to which i did not agree.

there response was

[UK26]

Issued court Proceedings againts Lowell as below






Sent them this letter on 15/09/08



- disputed Balance Sheet -



Letter below sent on 12/04/08 - advising Lowell there is a dispute on the account. a revised copy was sent 2 weeks later adving them more charges had been noticed and there total disputed balance was £547

[UK26]

[Default Notice] on Experian

Errors:
1. Account type: its not a Credit Card Account
2. Account Balance is incorrect
3. Data Protection Act says defaults should not be recorded if there is a disputed debt

Lowell have not provided evidance to show they have purchased the debt and so makes this default illegal and / incorrect

[UK26]

Will post an update to the Court Proceedings asap

[UK26]

[Update]

Still no defence filed, to my county court claim am i going to win by default???? £1100 yes please Lowell

[tinkerbell20]

Any update??

[UK26]

not even a letter, phone call, nothing at all from lowell. They where issued with my N1 on 9th Sep 08. so its still early yet.

Can't wait to send off the request for Judgement on 29th - fingers crossed they dont defend

[noomill060]

Subbing.

Fingers crossed for you.

Just one thing- you could have included the interest charged on all the penalties going back at least 6 years.

This would wipe the "debt" out completely and leave them owing you money.

[tinkerbell20]

My fingers are crossed for you too

[noomill060]

If an amount of money claimed to be owing is made up entirely of unlawful debits, I feel that the word "debt" cant really be the correct word to use.

Fraudulently claim maybe?

[Alex_DeLarge]

Originally Posted by UK26

not even a letter, phone call, nothing at all from lowell. They where issued with my N1 on 9th Sep 08. so its still early yet.

Can't wait to send off the request for Judgement on 29th - fingers crossed they dont defend

Good luck with this, can I ask what exactly a request for Judgement is.

[UK26]

[Update]

[UK26]

I wonder what there defence will be.

1. I sent them a number of notices under S.10 Data Protection Act to cease processing or to let me know why they wish to continue

they have not done this.

2. They refuse to look at my dispute on charges etc

3. They have not provided me with a signed NOA from Barclays, npr have they provided one for them selfs etc

4. they have put a default on my credit file for the full amount which includes 36% of disputed charges etc

[spamheed]

subbing

[lihi]

Out of interest UK are you having regular contact with Barclays to try and resolve the query?

Are they acknowledging your issues or have they responded but ignoring your points.

Reason I'm asking is that I have an account with Argos, the CCA has the interest rate missing and they had applied PPI without asking. If the interest, charges and PPI are removed I'm quite happy to clear the balance just to be rid but not sure how to. FOS won't help, FSA aren't interested and Argos have offered £60 compared to about £800 which are what my figures equate to.