Hamptons / Lowell Financial Help Please

[Confused 01]

Hi,
I am hoping someone can help or advise me as to what we should do.
My partner has received a letter from Hamptons Legal, it is on Hamptons headed paper, but the address is for Lowell Financial.
It says Hamptons legal is a trading style of Lowell Financial ltd.

It states - re our client -
Lowell Portfolio 1 limited
First Financial limited.
Outstanding amount £1159.77

Having received this letter we were confused who was trying to collect money - Hamptons or Lowell and who the money was owed to - Lowell Portfolio ( are they Lowell Financial )? or First Financial.

My partner rang the number on the letter and was told to ring first fiancial for details
We found their number ( registered at Dale St Manchester ) but it is now a radio station.
They gave us a forwarding number to ring.
The person at this number said First Financial ceased 2 and a half years ago.

He rang Hamptons / Lowell again and was told the debt was a loan taken out in 2002, but he would have to conatct them for more details.
How can he contact them if they don't exist?
Basically the phone call got us nowhere.

He did have a few loans around this time, but believed he had paid them off before he went travelling.
He doesn't remember dealing with First Financial.
Maybe he does owe the money, maybe he paid, maybe it never existed how can we find out?

He did a credit check and that does list an outstanding payment for £1159.00.
However it it started 2002, defaulted 2004, and was updated 2007.
It also lists the company as Lowell Portfolio I ltd ( note I not 1 ) it doesn't mention first financial, and it says it was a credit card not a loan.

We are at a loss as to where to go with this any help would be greatly appreciated
Thankyou
Confused.

[sequenci]

sounds like a Subject Access Request / CCA Request should be your next step.

[rightfullymine]

hi and welcome to CAG...
i am in the same boat as you i have them on my tail too!! they are trying to retrieve a debt with capital 1.. they are both the same company.. if you read through the threads on here you will see that they are bullies.. read through the FAQ and other threads as i am, i know that its scarey, they frighten the hell out of me, but its good to know you are not alone.. i will leave all the technical advice to those who are far more knowledgable than me.. i just wanted to say hi and reassure you that your not alone...
you are best not to talk to them on the phone and keep everything done by letter.. try not to feel too threatened.. you have come to right place the people on here are friendly approachable and always ready to help..
good luck keep us posted

[Confused 01]

Originally Posted by sequenci

sounds like a Subject Access Request / CCA Request should be your next step.

Could someone please explain how I do this,
thankyou

[pmhcfc]

Originally Posted by Confused 01

Could someone please explain how I do this,
thankyou

Do the CCA request first and foremost :

Don't worry about a thing at this stage- send off this following letter to whoever is chasing for the debt. Include £1.00 postal order and send recorded delivery- From the time they receive the letter they'll have 12 working days to send you copies of the ORIGINAL AGREEMENT(OA). Once those 12 days have passed without them sending it to you- they are in default and you don't have to pay them anything until they produce that OA. If a further month passes and still no OA then they have commited a criminal offence and the debt becomes unenforceable...Don't EVER speak to them on the phone! Also, make sure they don't try to fob you off with some crappy paperwork that they say is the OA, have a good read around the site to learn more...Keep us posted on what happens, but for now- send this letter off and good luck...

To Whom It May Concern

Ref Number: XXXXXXXXXXXX

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.

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 defence 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 Faithfully

[Confused 01]

Thankyou so much for that.
I will get that in the post in the morning.

[Confused 01]

I was about to post this letter this morning when I realised the address at the bottom of the letter is PO box 173 Leeds LS119WR
am I ok to send the letter recorded delivery to a po box?
Also with it been a po box should I address it just to Hamptons Legal or to the mans name who sent the letter to us?
I don't want to post it and it never get picked up because it is in the wrong name for the po box.

[pmhcfc]

Originally Posted by Confused 01

I was about to post this letter this morning when I realised the address at the bottom of the letter is PO box 173 Leeds LS119WR
am I ok to send the letter recorded delivery to a po box?
Also with it been a po box should I address it just to Hamptons Legal or to the mans name who sent the letter to us?
I don't want to post it and it never get picked up because it is in the wrong name for the po box.

I have done so before now with no problems...I'm sure you could find a proper address if you looked around a bit..If all else fails try the Companies House Website or here > Information Commissioners - Data Protection Public Register

[gerryb2]

As pmhcfc says you should be OK with PO Box. I think Leeds sorting office might be getting quite a lot of R/D letters for Lowells thank to sites like this

Actual address is

Lowell Financial Ltd
Enterprise House
1 Apex View
LEEDS
LS11 9BH

Use same for Hamptons and Red Debt and Lowell Potfolio I Ltd

[Confused 01]

I posted the letter recorded delivery, I have just used the tracking system and it says it was delivered today.

[pmhcfc]

Originally Posted by Confused 01

I posted the letter recorded delivery, I have just used the tracking system and it says it was delivered today.

Good...The clock's ticking then

[Confused 01]

Update -
we have just received a letter from Lowell Financial, no mention of Hamptons on the letter at all this time.

I guess it is a standard letter but they have certainly moved quickly looks like they have it in for us.

It says -
We are in receipt of your request for a copy of your credit agreement in accordance with section 78 (1) of the consumer credit act 1974.
We are also in receipt of the prescribed fee from you.
We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.
Whilst we endevour to reply to you with the required information within the prescribed 12 day period under the consumer credit act you will appreciate this is dependant upon receipt of the information from the original creditor.

Just one thing this debt was with First Financial limited.
I have been told that this company do not exist anymore- does anyone kow if this is true?
If they don't exist who are they getting the agreement from?

[pmhcfc]

Originally Posted by Confused 01

Update -
we have just received a letter from Lowell Financial, no mention of Hamptons on the letter at all this time.

I guess it is a standard letter but they have certainly moved quickly looks like they have it in for us.

It says -
We are in receipt of your request for a copy of your credit agreement in accordance with section 78 (1) of the consumer credit act 1974.
We are also in receipt of the prescribed fee from you.
We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.
Whilst we endevour to reply to you with the required information within the prescribed 12 day period under the consumer credit act you will appreciate this is dependant upon receipt of the information from the original creditor.

Just one thing this debt was with First Financial limited.
I have been told that this company do not exist anymore- does anyone kow if this is true?
If they don't exist who are they getting the agreement from?

Good question- Be a shame if it got destroyed eh

[Confused 01]

It would indeed
I have been thinking, when we did the credit check it said that this account was defaulted in 2004, and it is down as Lowell Portfolio l ltd.
If First Financial did cease as a business is it possible all their accounts were bought by the Lowell company for this reason?
The default was 2 and a half years ago roughly the same time that FF are supposed to have folded which would also give many reasons as to why if the debt is owing it never got paid.

[Confused 01]

Ok this gets more confusing

I have just taken a look at the web page for First Financial First Financial.
I also found a phone number 0800 072 1008 this number has been ringing our house all week, and no-one speaks when we answer it has gotten so bad I have unplugged the phone line.

I thought it must just be an old web page when I checked it looking for a number last week but obviously they are still in business.
Although I am still confused- to get that actual number above you have to click on loans, then apply.
If you look carefully when the pop up box opens up it says at first along the top JD Williams then changes to FF.
When my partner first rang FF on a different number the man answered the phone as JD Williams and it was he who said FF didnt exist anymore.

[pmhcfc]