DCA: HELP PLEASE.. Lowell Financial

[beerandy1969]

Hi All,
I could really do with some help on this one..
I am reciving letters on a very reguler basis from a company called Lowell finacncial who are chasing an old Barclay card debt that is so old it has now been delited from my credit file by Experian.
In the past I have made payments to this company in respect of this debt but i stopped a while ago because i could not spare the £101.00 pounds a month.
I have sent them the standard letter from the libary requesting a copy of the original agreement , statment, deed of assighnment etc and all i recived back was a very poor photocopy of the original agreement which I sighned 21/07/97.

what do you all sugest i do to get rid of these people ?? I have recived a leter today asking me to contact them with a payment shedule or they will sent an agent to my door

Andy

[Mumofthreeboys]

Originally Posted by beerandy1969

Hi All,
I could really do with some help on this one..
I am reciving letters on a very reguler basis from a company called Lowell finacncial who are chasing an old Barclay card debt that is so old it has now been delited from my credit file by Experian.
In the past I have made payments to this company in respect of this debt but i stopped a while ago because i could not spare the £101.00 pounds a month.
I have sent them the standard letter from the libary requesting a copy of the original agreement , statment, deed of assighnment etc and all i recived back was a very poor photocopy of the original agreement which I sighned 21/07/97.

what do you all sugest i do to get rid of these people ?? I have recived a leter today asking me to contact them with a payment shedule or they will sent an agent to my door

Andy

Did you only stop paying it recently or more than 6 years ago?

[Vickybrown31]

Hi there,

Dont forget Lowell need to provide you with the evidence that they now own the debt. write to them asking them to provide you with the assisignment of deed. Look in the Library and you will find a templete relating to Debt Collection agencies. All they have supplied you with I presume is the original agreement you had with Barclays. They have to prove to you that they now own the debt.

Good Luck

OK as I think that the letter you sent asking for the original agreement was not headed without prejudice you acknowledged the debt with the letter. But to be sure I would like to see the letter you sent as the why it was worded may not be an acknowledgement, can you post a copy.

If the debt is acknowledged you will have to make a payment offer (we will help). And if you really don't like the idea of a agent at your door we can write to them telling them you do not wish anyone to visit and that harassment is criminal law and that if anyone does call you will call the police and press charges for harassment.

[beerandy1969]

Hi,
Thank you for taking the time to help.. your right the letter was not titled without predudice so OOPS !! have i missed a trick ???
I stopped paying earlier this year because i just could not spare the money. Things are better now but i do resent being chased for some thing that barclays could not be bothered with for six years

All I sent was a copy of the standard letter from the libary as follows..

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 98269365100608915212.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours truly,



What do you think ?? did I get it wrong

[Ellie968]

Beerandy1969 - if you only stopped paying this year then you have been acknowledging the debt with any payment so you have not "missed a trick" - Zoomans advice was valid but only before you volunteered the information that although the debt was old you have been paying until recently and therefore any arguments about the Limitations Act won't apply as there is no period of six years in which the debt was not pursued or acknowledged. The Limitation Act only applies if there has been no contact in the last six years, not if the the debt is over six years old - so forget this although it is still worth pressing for a copy of the original agreement. What you do now depends on your circumstances - you could a) ignore them b) offer them a sum in full and final settlement or c) offer a monthly payment.

[beerandy1969]

Hi,
I have been sent a photocopy of the original agreement but no statements or deed of asighnment. Would you advise writting again

Andy

[Ellie968]

This is what I would do - ensure you open every letter. If it is letter chasing payment - do not reply. File letter. Forget until next letter recieved. File next letter. Etc Etc. If court papers issued -ask for original signed agreement. Ignore all letters unless clearly court papers. Debt is so old court action unlikely.
E
x

[beerandy1969]

thanks for that ,sounds like a plan to me

Andy

[djweeble]

Doesn't sound like a plan to me, sorry.

You were paying up till last year, therefore you have acknowledged the debt.

You asked for and got, a copy of the original agreement, therefore proof that the debt is yours.

You asked for a letter of assignment which you didn't get, HOWEVER, have Lowells at any time claimed to be the owners of the debt ? If they haven't. there will be no letter of assignment, they are simply collecting on behalf of the original holder, Barclaycard.

Debt is so old court action unlikely

not correct I'm afraid, the debt is only as old as your last payment.

You could try a Data Protection Act on them, see what they really hold, then try and hit them with a counterclaim for any charges they may have added.

Plus, if Lowells are not the owner of the debt, contact Barclaycard and tell them you will no longer deal with Lowells, and try to come to some sort of arrangement with them direct.

[beerandy1969]

I suposse thats the problem with this sort of site.. How do i know whos advise to listen to and whosto ignore ???

Andy

Mine

The debt is acknowledged and you will have to make a payment offer (we will help) of what you can afford each month. And if you really don't like the idea of a agent at your door we can write to them telling them you do not wish anyone to visit and that harassment is criminal law and that if anyone does call you will call the police and press charges for harassment.

[give_me_it_back]

Ah... Is this a loophole on behalf of DCA's..? IF they say they are 'collecting of behalf of their client', and therefore not saying that they own the debt, therefore not liable to provide a deed of assignment, what do we do..?

Would it make sense to say you will only deal directly with the creditor (ie Barclaycard in this case)..?

[give_me_it_back]

Also... should we ask for proof that the DCA is actually the 'client' of the creditor?

Why would you want to? You have to pay someone so it may as well be the DCA, and in any event if it did work the bank would probably just start a court claim or pass it out again in the next clean up.

[give_me_it_back]

Because I want to know how these people 'work'... Is this a loophole on behalf of DCA's..? IF they say they are 'collecting of behalf of their client', and therefore not saying that they own the debt, they are then not liable to provide a deed of assignment.

However, if they cannot provide proof that they either
a) own the debt
or
b) are the collecting agent for the creditor

see what I mean? They could be anyone! Surely they HAVE to provide one or the other.

My stance on the so called "deed of assignment" is well recorded on the site, I am of the opinion that there is no legal entailment from them to do anything other then to inform you they own it. And of the strong opinion that there is no such thing as a "deed of assignment" in any event. I believe that someone somewhere on the site has confused this with life plans etc. As I have said before I deal with debt day in day out for people and if anyone knows different please let me know.

Plus as I had a really hard time getting over to someone not long ago if they have sent a copy original agreement this is proof they have excess to your file.

[give_me_it_back]

Thanks Zooman. I was not aware of your other posts, but will look.

So a copy of the original agreement is what is required. Fine. Good to know that, and it makes sense - how would they have this otherwise!

Of course, I have yet to see one.