Lowell! HELP! First letter!

[aggie25]

I have been reading a few things about it on here now so i have decided to register. I have only recieved one letter so far which is from t-mobile.

 

this is it

 

we herby give you notice of the assignment of the dept due to us from you in respect from the balance of 212,33 outstanding on your account.

 

on 31. august, 2007 your account was sold to lowell portfolio I Ltd.

 

it is essential that all future payments, correspondence or queruies regarding this account be directed to lowell financial ltd quoting reference ******

 

contact address

po box 172

leeds

ls11 9ws

 

 

its about an old dept from my husband. which is a few years old now. he has no clue how long ago that is. and he cant really remember if he paid it all or not. for some reason i didnt like the letter thats why i googled the name and ended up here. and i am glad. right i know i shouldnt phone them. and i wont. but what is the first step. like i said this letter is apparently from t-mobile. so i didnt really get a letter from lowell yet. but i am sure it wont be long before i hear from them.

 

i hope someone can help us!

[twofoot]

Wait for Lowell to write then CCA them. You'll find the CCA letter on this site. Send it recorded with a £1 postal order not a cheque. Don't sign the CCA request with your normal Signature. Make sure you start the request with 'I DO NOT ACKNOWLEDGE..................' and NEVER TALK ON THE PHONE TO THEM.

Keep us upto date on this thread for more advice.

[aggie25]

I will do. thanks! I am really glad that for some reason i got a bad feeling about it...

i will let u know when i hear from them!

[rory32]

Wait for Lowell to write then CCA them.

Most mobile phone contracts are not covered by the Act. However, they will have to substantiate any amount that they state is outstanding. Any charges on the account should be disputed as they are unlawful.

[aggie25]

Most mobile phone contracts are not covered by the Act. However, they will have to substantiate any amount that they state is outstanding. Any charges on the account should be disputed as they are unlawful.

 

But i should still CCA them once i have heard from them?

[rory32]

No unless part of the agreement was that the phone would be paid for in instalments of 4 or more. You can still (and IMO should) ask for a copy of the agreement and a statement of account. The onus is entirely on them to prove that a sum of money is owed and that the amount stated is correct. You could send them something along the lines of the follow:

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. Such evidence would involve documents such as a copy of any alledged agreement and a statement of account.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

[aggie25]

Thank you for your help. so should i wait for a proper letter from them regarding that amount? so far its only one from t-mobile apparently. which is weird anyway because if it was undelivered it would be going back to Lowell.

[rory32]

so should i wait for a proper letter from them regarding that amount?

Yes at the moment just wait.

[ODC]

If of course the debt is more than six years old and no payments or written acknowledgement has been made then its Statute BArred

[aggie25]

thats just the thing he cant remember if it has been that long. but more likeley its just under 6 years. I will let u know as soon i have heard from them. Its good to know that there is people like you to help me through this!

[ODC]

Sit back and wait and see what they come up with. Clownells are reknowned for purchasing debt that is almost Statute Barred or Unenforceable. If your OH could afford £10 and SAR to Tmobile would show exactly when the last payment was made. In the meantime however sit tight and wait and see what our Leeds friends come up with. As each day passes it gets nearer to being Statute Barred.

 

Lowells follow a predictable pattern. You have yet to get one of their famous:rolleyes: yellow postcards. Then they pass you to their alleged solicitors Hampton iLegal and then to really scare you the pass you to Red Debt.

 

In fact these three groups are just Clownells using different notepaper

[aggie25]

wow that was quick. its only been a day and they have already send me a letter and already scare me to pass it on to red dept

 

here is the letter:

 

we write to inform u that your t-mobile limited account, reference number ******, has been sold to lowell I ltd on the 31/08/2007 and red dept collection services have been appointed as duty authorised collection agents to recover the outstanding balance.

 

it is our aim to helo u clear the indebtendness u currently have with ourselfs by either agreeing a settlement or repayment plan. you will find we have many flexible repayment plans designed to suit your current financial circumstances.

 

if u have not entered into an agreed repayment plan with us by the 11/10/2007 we will instruct red dept collection services to either use the services of a licensed field agent to visit u at home at an arrendes time to negotiaie settlement or if necessary commence legal action against u in the county court and proceed in permitted legal method to recover the dept.

 

ignoring this situation will not make it go away; we need u to take ownership of this problem and call us to arrange repayment of the services u have already had the benefit of.

Please call.

 

*the number*

PAYMENT CAN BE TAKEN OVER THE TELEPHONE BY EITHER DEBIT OR CREDIT CARD

 

please note all future communication and payments must be adressed to red dept collection services at the address below:

 

Email address:[email protected]

 

red dept collection services

p o box 203

leeds

ls11 1bg

 

 

so should i know send them the letter abbove? and if i do? which one of this clownells do i send it to?

i am really shocked about how quick they have send the next letter. but i can see now that they have only used t-mobiles sign cos everything else seems to be the same in both letters...

[ODC]

Excellent. This just shows what sort of Muppets they are. Now is the time to send them the CCA. I am at a loss to know what ''A Licenced Field Agent'' actually is. Perhaps you should ask Clownells to elaborate.

 

Anyway they will not have any Agent call at your home, thats just usual empty threats from the Leeds Losers. In addition to sending them the CCA request send this

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

[rory32]

Now is the time to send them the CCA.

Sorry ODC but as already pointed out the alledged debt is from a mobile phone contract, so it is highly unlikely that it is covered by The Consumer Credit Act.

[ODC]

Yes WE know that but it gives Aggie 25 a bit more time to find out if the alleged debt is Statute Barred;)

[aggie25]

right so i should try the cca letter first. but who do i send it to since they want me to contact red dept. and can i send a recorded letter to a po box?

[ODC]

Lowells and Red Debt are all the same. The CCA can be sent to Lowells and their address is

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

As Rory rightly pointed out a CCA will not exist for a mobile phone debt and doubtless Lowells will tell you this. It just gives your OH a bit of time to see if in fact the account is Statute Barred. The CCA request also asks them for a statement of the account.

[aggie25]

thanks a lot!!!

sorry but where can i find the CCA letter and how do i find out if it is statute barred?

[Having_A_Knightmare]

''A Licenced Field Agent''

 

I cant stop laughing:)

 

May be a job for Bond, James Bond

[ODC]

thanks a lot!!!

sorry but where can i find the CCA letter and how do i find out if it is statute barred?

Send the letter that Rory posted at the start of this thread it will give you a breathing space The only certain way to find if the debt is Statutte Barred is to spend £10 and send an SAR to Tmobile

[nuke em]

''A Licenced Field Agent''

 

ha ha Is a Licenced field Agent an agent that has been licenced by a field? if so which field ? is it the field where i walk my dogs? i think we should be told.....

[ODC]

Its probably a field full of FOOT IN MOUTH

[aggie25]

right i am going to do that and should i add that bit in the letter that tells them they are not allowed to come to my house or should i write another one.

by the way there might still be letters from when he used to pay this dept at his grandmas house. we will check tomorrow. maybe we will know then when it was paid last time!

i will keep u posted

[ODC]

Send the do not call in the same envelope and send recorded

[aggie25]

it seems in the end the outstanding dept has been pais in instalments, would that mean that i can send a CCA letter. should find out today how long ago it was and will let u know as soon as i know!