Lowell Financial Harrassment/Bullying Tactics

[harwood81]

Complaint re Capital One debt now owned by Lowell Financial.

I recieved a letter from Lowell Financial dated the 1st January advising me of an outstanding debt owed to Capital One of £475.11, the account with Capital One was opened on 14.09.01. Having contacted Lowell Financial quoting the Limitations Act 1980 Section 5 that this debt should be Statute Barred due to length of time with no correspondance or communtication from Capital One. Lowell have stated on the 11th January that the Limitations Act is not applicable in my case as an 'Attempted' to pay on the account was made on the 19.02.02. I have since replied, in seeking advise from Payplan they would have to prove an 'Attempt' to pay was made on such date, Lowell have provided me with copy statements that sheds no light on this situation a further letter was sent on the 9th March 07 yet again requesting detailed information such as where an 'Attempt' to make a payment took place, date, method and time etc, also requesting full copies of all statements which im yet to recieve from Lowell or Capital One, to date i have recieved none of the information i have requested only letters every 2-3 days threatening legal action, attatchment to earnings, a charge being put on my property or sending an agent round to the property to take payment these letters have been sent from Nigel Beaven my letters have also been addressed to this person. I am seeking intervention from the Financial Ombudsman Service with a view to resolving this matter.

This email has also been copied into Lowell Financial FAO Nigel Beaven for his records

Can anyonefrom the forum add anything to this that I should be doing? Am i right in saying that this is statute barred? Any useful information would be of benefit.

Emma

[harwood81]

I have been sent reminders on 11th January 2007, 25th January,26th January 7th march, 11 march and finally the 15th March, on the last occassion advising unless they recieve payment in full or a part payment within the next 5 days we will instruct our solicitors to commence legal action, which could result in charge on my property or an attachment of earnings along with costs and interest or they may sent agent to visit my address to negotiate a settlement!

[Information Commissioners Office]

I can't offer much advice as I am in the same boat with this company !!!! Just can say keep your chin up !!! Everyone on this site is really helpfull and I'm sure you'll get some answers so you can fight Lowell / Hamptons all the way !!!

[NailPost]

If the account was opened in September '01 that isn't six years so the statute barred argument won't work.

However a CCA and/or SARN request should winkle out the "attempt" to pay evidence out of these shysters who will often say anything to get people to pay up.

[ODC]

Originally Posted by NailPost

If the account was opened in September '01 that isn't six years so the statute barred argument won't work.

However a CCA and/or SARN request should winkle out the "attempt" to pay evidence out of these shysters who will often say anything to get people to pay up.

However by the time they attempt to produce the rquired paperwork it could well be Sept 07

[diskmandave]

An attempt to pay isn't a payment! (thankfully!)

The Limitation Act 1980 is quite clear, 6 years from the date of the last payment or acknowledgement in writing, signed by the debtor.

What do you want to achieve from this as it's not a fantastic amount?

As it's not currently statute barred you can Subject Access Request Capital One and reclaim the charges on the account, thus reducing the account by about 50%...

Good luck, Dave.

[diskmandave]

I might also add that Cap1 are known for making bogus payments on ppl's accounts for this very same reason... They made a payment on my account in 2004 of £5 on an account of £514 which amounts to less than 1%.

See my own thread on Cap1! It's now with Trading Standards..

[ODC]

Originally Posted by diskmandave

I might also add that Cap1 are known for making bogus payments on ppl's accounts for this very same reason... They made a payment on my account in 2004 of £5 on an account of £514 which amounts to less than 1%.

See my own thread on Cap1! It's now with Trading Standards..

Surely if Capone make a payment on your accoun which you deny then they would have to prove where when and how it was paid

[pmhcfc]

Originally Posted by diskmandave

An attempt to pay isn't a payment! (thankfully!)

The Limitation Act 1980 is quite clear, 6 years from the date of the last payment or acknowledgement in writing, signed by the debtor.

What do you want to achieve from this as it's not a fantastic amount?

As it's not currently statute barred you can Subject Access Request Capital One and reclaim the charges on the account, thus reducing the account by about 50%...

Good luck, Dave.

Ahh, but in Scotland it's 5 years. Perhaps he's in Scotland ?

[diskmandave]

Like your school of thought, especially as the OP is happy to quote 5 years!

It would be gr8 if that was the case, BUT, did the original agreement state under which law it was signed...?

A bit out of my depth now but, if an agreement was signed in Scotland but stated that it was regulated under English Law.......?????

Dave.

[whizzard]

Hi Harwood81,

When they say "an attempt to pay was made", did you put anything in writing to them ? I posted a similiar query recently and was advised that it has to be in writing. Follow Nailposts advice, and request a Subject Access Request amd CCA.
Lowell it appears, have bought a "job-lot" of near statute-barred debts and are probably getting desperate ! poor things !
Above all, don<t fall prey to thier scare tactics.

Whizzard.

[dannyboy660]

OFT get their new, "all singing, all dancing" supernatural, warp-factor 9, powers to fire into the DCA and Purchase sector next month. They want to see how things are working and if it should/could be better regulated. Thats the good news.

The bad news is companies such as Lowells (and others) need to get a serious foothold before or in case OFT won't play ball with them anymore. Therefore, expect some extremely nasty tactics - like mass mailings, SD's, "your payments aren't enough", "we're going to bankrupt you" stuff. Chances are it'll be 95% pish and wind.

The other good news, is I have heard a whisper that OFT want to stamp their authority and regain public confidence by making an example of the baddest of the baddies. The massive rise in IVA's and people in difficulty mean orders from 'the top' want people to be assured debt is not the end of the world and you can still vote for ............ with confidence..............

[harwood81]

Thanks for all your replies people, much appreciated.

I have sent a CCA and am posting this today. I was hoping to get away with not paying anything....if i can reduce it then so be it i will pay minimal amount after claiming any charges back.

[harwood81]

Spoke to an organisation called payplan...who advised me to retirieve my credit file to see if in fact a ccj is on there from capital one. If there isnt they advised there is nothing Lowell can do. To ignore all correspondance, and the threats to attach to my property and earnings are just that they cant. If there is a CCJ I have to pay.

[Zimmie]

I lost my job following serious health problems and sought help from CAB with my debts, one of which was for approx £1000 on a Unison (public sector union) credit card through The Bank of Scotland. They did not respond to CAB's letters. A few months later I received a letter from a company called Blair, Oliver & Scott offering a reduced F & FS, which I couldn't afford, so I wrote explaining and offering a token payment. I never heard from them again. Late December '06 I received a letter from Lowell Portfolio I stating they had bought the debt, by now the debt had spiralled to over £2600, I also received a letter from The Bank of Scotland informing me they had sold my debt. A few days later I received a letter from Lowell Financial, foolishly I telephoned to explain my circumstances, the person I spoke to was rude, aggressive and very intimidating. He stated that I had to pay them £80 per month. He demanded information about my home & bank account details when I said I couldn't afford to pay them £80 per month. I didn't give much information but foolishly told him I had a mortgaged property, he then told me that if I didn't pay the £80 they would have a charging order put on my home and have it sold. He also suggested I take out a 2nd mortgage, which I explained I wouldn't get even if I wanted to as I didn't have the means to repay it. He demanded to know how much equity I have in my home, which I don't really know, then suggested I should take out equity release, which I've since found out I can't as I'm not old enough. I was becoming more and more distressed, I asked for his name which he refused to give, so I asked if there was a more senior staff member available. I was transferred to someone else who was slighty less aggressive but still demanded £80 per month, I said I could only afford a token payment of £2.00 and offered to send income & expenditure details, which he agreed to the I&E that is not my offer. I sent the details with a letter and cheque for £2.00, I shortly received a letter saying that as I had not made a reasonable offer I would be receiving a visit, and be transferred to the litigation department. I wrote again asking them to reconsider my offer. I got a letter basically saying the same about no satisfactory offer, but also saying that I had avoided their agent, who incidently never called. I then received a letter with their own income & expenditue form stating that when this was received my case would be fully appraised. I completed and returned this along with a 'pleading' letter asking them to reconsider my offer, and attached a 2nd payment of £2.00. I did not get a reply, with my 3rd payment, I wrote saying I had not received responses to my letters and urged them to do so. I them received a letter from Hamptons Legal threatening me with court action as I had ignored all correspondence from 'their client Lowells!!! I wrote to them explaining my circumstances, gave dates of all letters sent to Lowells, and again requested acceptance of my offer. As I expected, Hamptons replied saying 'you have failed to respond to us to make satisfactory arrangements to settle the amount outstanding', they also gave a breakdown of extra costs I would have to pay if it went to court. I replied with a standard letter quoting 'Overriding Objectives'.
In previous letters to Lowells I have quoted OFT guidelines that have been broken. None of it seems to matter to them, I get the feeling that as they know I have a property...they are determined to get it sold!

Any advice on the next steps to take against these vile bloodsuckers would be very gratefully received.

My 76 year old mother has said she can give me £800 to help me, is it worth a shot at trying for a F & FS of this amount?

Incidentally if Lowell Portfolio I, Lowell Financial and Hamptons Legal are seperate companies as they suggest they are, how come they have the same company reg. no., consumer credit licence no., and registered office address? Is it to increase the threat by passing you from one to another? If it is, its working with me as the stress this is causing me has caused another stroke, and I lie awake at night thinking of how suicide might be the easier option to take.