Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi there, having spent the better part of yesterday, last night and this morning getting familiar with the CAG and following the amazing posts from tbern3 and his success with Cabot, I felt that I needed advise and hope you could help me.
For the past two years my son (20 years old) has been chased by Egg for a loan ( £21k) he was to supposed to have taken out with them, he wrote, called and and finally was told by Egg that they had made a mistake and the problem was solved and he wouldn't hear from them again. Three weeks ago he got a letter from Egg saying that they had sold or assigned the debt over to Lowell, then the calls and letters started arriving at his home on his mobile and of course the neighbours get the calls too. My son called Lowell to find out what was going on, told them again that debt was not his, he had nothing to do with it, they had got the wrong guy, please send the agreement. Lowell said it's your debt, we have the agreement, it's signed by you, your date of birth and occupation , which were all perfectly correct. Now my son is now getting worried, again he asks them to send the agreement, bank account details of where the money was sent, Lowell says no way, you send us a copy of your passport with your signature and we'll confirm whether or not it's your signature on the account. My son writes another letter to them, yet again disputing their claim and includes a copy of his passport.
All went quiet for awhile, and then last week he gets a text message, urgent please call this number and this reference number, he calls and it's Lowell, a reall nasty piece of work tells my son, it's your loan and if it isn't then is an act of fraud and we are informing the police, what are you going to do about paying the loan back. That's when I got the call from my son, you see the loan is mine, my son and I share the same name and at one time shared the same address ( his mother and I are divorced these past two years), I left the UK and live abroad. Regarding the loan to Egg, that is my responsibility and lets leave it at that. There's another story here, which involves IVA's , bankruptcy petitions and American Express, which I might give you the pleasure of reading at a later date, but I need to help my son first and seek your advise.
Lowell is obviously using my son to get to me, also when I took the loan out my son was 17 years old, so I know that it's just plain old bully boy tactics. I have the contract from EGG re the loan, it's got my name, signature an date of birth.
From what I've read you guys are the pros from Dover, so any advice give will be gratefully received and acted upon
If you are living abroad Lowells can't enforce against you so I think the best thing to do would be to send THEM a copy of you Egg loan agreement and explain that the debt is yours.
Thank you both for your response I totally agree and as I stated in my original post, I will take care of my responsibilities re the debt. I brought the subject to CAG to highlight the underhanded and improper actions that Lowell has taken against my son. I wanted to know if my son should take any action against them, notify the relevant authorities etc.
Thank you both for your response I totally agree and as I stated in my original post, I will take care of my responsibilities re the debt. I brought the subject to CAG to highlight the underhanded and improper actions that Lowell has taken against my son. I wanted to know if my son should take any action against them, notify the relevant authorities etc.
No it's nothing to do with him. We're all for kicking DCA's in the n*ts but there is no need to recruit your family into the project.
Please note I am not a lawyer etc so do you own research on the things below.
I think they are behaving disgracefully chasing someone for a debt they can blantly see is not his.
If your son can prove he was 17 at the time the loan was taken then No contract is legal and binding until the contract holder is of legal age, which is 18. No bank or corporation can legally enter into such an agreement with a minor.
The agreement will be void at common law which means they wont be able to enforce it i.e get a CCJ against him if they took him to court.
Leslie v Sheill(1914)
If they want to persist and hound him, he should ask for their complaint procedures and ask for compensation - tell him to record/log all conversations and keep all letters involved in the matter.
Please note this is just my thoughts and you should get proper legal advice if required.
Hi,
Two people with the same name. I've heard of this being done before.
This would not be heard in my opinion in the small claims if it went to court.
You need to sort this out as it's your debt.
Lowell and Egg
and following the amazing posts from tbern3 and his success with Cabot, I felt that I needed advise and hope you could help me.
for a loan ( £21k) he was to supposed to have taken out with them, he wrote, called and and finally was told by Egg that they had made a mistake and the problem was solved and he wouldn't hear from them again. Three weeks ago he got a letter from Egg saying that they had sold or assigned the debt over to Lowell, then the calls and letters started arriving at his home on his mobile and of course the neighbours get the calls too. My son called Lowell to find out what was going on, told them again that debt was not his, he had nothing to do with it, they had got the wrong guy, please send the agreement. Lowell said it's your debt, we have the agreement, it's signed by you, your date of birth and occupation , which were all perfectly correct. Now my son is now getting worried, again he asks them to send the agreement, bank account details of where the money was sent, Lowell says no way, you send us a copy of your passport with your signature
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Originally Posted by mosaic01
