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  1. Hi, Just received a letter from a court stating that they have issued a "notice of issue of warrant of control" stating that they will collect goods if payment is not made. It is for a debt i had starting in 2008 i took out hp on a car which was repossesed in jan 2009 as i lost my job and was not able to make payments. this is the first letter i have had from anyone relating to lowel portfolio and as the debt is over £6k and im not working and not able to pay the full requested amount of £6227.16 the court is asking. does anyone have any advice on where to go as i dont want anyone turning up trying to take stuff. Thanks
  2. Hello everyone, I'm looking for a bit of advice on how to handle this situation with them as it's coming closer to SB, I'm not one to try and get out of paying a legitimate debt but this one was due to foul play by a 3rd party mobile phone company. Back in 2008 I was contacted by this company freefone select offering me what was a fairly good deal on the three network I took it up but very quickly realised there was still a lot of poor signal issues in the area after a bit of patience and nothing helping I decided to terminate my contract within their cooling off period as it wasn't fit for purpose and this is where the problems started..... 1) They told me they could get me out of my current contract with O2 which turned out to be 5 line letter typed in word and was in no way legally valid. 2) They then refused to give me an address to return the handset and was told if I return it to their listed office it wouldn't be returned to me. 3) I contacted three over the situation and was told the contract was with the 3rd party and not them, so why did they chase me for money not the 3rd party? Unfortunately before I could take legal action against the company they vanished! After the debt was sold on from three to lowell I received a letter stating I was now being charged for early termination which took the amount owed from £135 to £535! Lowell £ 525 23/12/2014 Default Account start date 10/10/2008 Opening balance £ 135 Repayment frequency Monthly Date of default 27/04/2009 Default balance £ 135 Unfortunately I can't remember what letters I've been sent over the years and stupidly don't have them anymore, could anyone advise on the best way of going forward? Would rather not end up with a CCJ on top of a damaged credit record for the last 6 years. Many thanks for any advice.
  3. Hello Just some advice please. A friend has a debt with Lloyds who have passed the collection to Bryan Carter solicitors. she has received papers from her local county court to take part in a mediation (?) telephone call in connection with the debt. Is this a new procedure through the county court? What happens if she chooses not to take part? Is this just a form of intimidation. The debt is approx 4K - she has asked for copy agreement etc from Bryan Carter and Lloyds - but no response. Your views would be most appreciated. Thanks
  4. Happy New Year To Me!! Slightly misleading as no court time needed - I had multiple mobile accounts which I stopped paying after informing them due to bad customer service & failure to provide everything promised under contract or implied contract. This they didn't like and each contract was apparently sent to a DCA etc - about £1000 in total maybe. I had got into the habit of ignoring because I'm stubborn and righteous haha but couple years later just before Christmas I was surprised to receive court papers for one of the accounts from infamous (on here) solicitors. I stubbornly waited just until the deadline (as they do) to file a defence and I just decided to go at it with full details to show that I wasn't messing/afraid and that I would be a great witness re the 51% threshold. I know the normally better method is to be brief & hold back haha. I also reserved the right to counterclaim re default defamation. Today I was actually preparing to do a CPR document request but I've just received a discontinuation of claim :D out of the blue I'm guessing/hoping this means the other accounts won't be acted upon?! Should I bother asking them to remove the default as they've tacitly accepted my defence? I know I'm being smug but im happy!!
  5. Hi everyone, i really could do with all your help with this. My mother received a letter(oct 2014) from Provident stating they have sold her account to Lowell. In the letter sent by Provident it says: The total balance sold was £XXXX.XX. The individual agreements included in your account are detailed on the enclosed letter from Lowell(6 loan agreements listed). My mother has a letter from Lowell saying it's formal notice of the account being sold and assigned to Lowell.(i'm assuming this letter is the one the Provident letter refers to). The 6 loan agreements listed all have an agreement date along side, each date is in 2010. My mother has tried to pay the Provident a number of times via doorstep collections but whenever my mother couldn't pay, the collector got a bit narky and wouldn't return to collect any more payments. My mother would call them asking when will they be collecting her payment. Finally the doorstep collections stopped and now Lowell have bought the debt. My mom want's to pay so i'd really appreciate your help in sorting this out for her. I don't know what to do, any suggestions. thank you
  6. Recieved this letter last week from Leeds Losers. Bit naughty making it to look like a council tax letter.. [ATTACH=CONFIG]55136[/ATTACH]
  7. Hello my husband got a letter from lowell financial saying he owned shop direct,money account was opened 2003 which he cannot remember when we asked for informmation was told all they got was it was open in 2003, so my husband said it is not his debt. l checked his credit report on line shows the same people had gone to court and put a ccj on his credit report without us knowing anything about this. it was put on there begin of this year can they do this? please can you help me sort this out please.
  8. Lowell are chasing for my second current account with Lloyds by phone letter and text. I last did a deposit 3rd Dec 07 and this put the account in credit by £20. I didn't have an overdraft on this account and I'm trying to reconcile the charges. Some months they were £5 a day and in the November they charged me £10 but my day count and theirs are different. That sent the account into serious problems. and how its got to the £550 plus now. There was also a bi-monthly DD which i had forgotten to stop. Should I do a SB letter or sit and wait? They didn't default it until 8/7/09
  9. List of events Received claim from Northampton CC Acknowledged service Sent CCA request to Lowell and CPR 31/14 to BW Legal Reminder sent to both after 14 days Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA. Directions sent out for witness statements no later than 14 days before hearing I filed my witness statement to court with 15 days to go 2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN What can I do from here? I am surely prejudiced by this as I am unable to defend it now, plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded. Also the agreement looks very dodgy and looks reconstituted, it was taken out in May 2006 so it must be the original surely? Plus also some particulars are missing from it such as their signature and also a credit limit? How do I proceed from here as the hearing is this Wednesday.
  10. I had a credit card with vanquis which according to noddle was taken out on the 8/8/2007 After a few years of having this card I could no longer afford to pay the high interest and balance. According to noddle I was defaulted on 31/10/2011, noddle also states the defualt amount was £487 but it now states I owe over £2500, could someone explain to me how this is? What would be the best way to deal with this or what are my options? Thanks to anyone who reads or responds.
  11. Hello, I am hoping someone can help me. I have received a court claim form from Lowell today regarding an alleged debt to a catalogue company of £1300 (amount claimed is £1500). There has been no payment made on this account since 2007 and the default date was April 2010. I believe (but need to locate the paperwork) that I requested a copy of the CCA several years ago and received an unsigned copy of some terms and conditions. Which route should I take with this? Surely this debt should be statute barred? I am very clueless as I have never had any court paperwork before. Thanks in advance for any advice
  12. Hello all I have never posted on this site but often read threads and gained valuable information. I am seeking some advice regarding a letter i received today from Lowell regarding a very old capital one account, I am not exactly sure how old but got to be 5 or 6 years. Basically letter is offering me 75% discount if I pay within 15 days. This account is not showing on any of my credit files (I monitor regularly). I do not want to pay if they are then going to report it to credit file as i have worked hard to sort out old debts. I had a similar offer a few years ago on another account with Lowell and settled but it was pointless as it was a default for £72 and even though i paid it does not which come off until l 2016, I do not want to make the same mistake. Any advice appreciated.
  13. Where do I start... There is a Current account in my name dating back to the very late 90's when I was a student. I had many accounts during university, taking advantage of the many overdraft facilities on offer at the various banks. Hand on heart, is this account mine? I honestly don't know. At one stage the debt of circa £3k was being managed by Apex Credit Management. I was young, naïve, conscious of credit reports as I was in the process of buying my first house, and so I relented and started a payment plan with Apex in say 2003 to 2008, the debt now stands at £2.6k. As I became a little more clued up, not as much as you all on here, I asked Apex to prove the debt was mine as they had bullied me in to paying. I sent off the £1 fee and nothing came back. The debt recovery was eventually stopped, and the account reverted back to HSBC. Earlier this year HSBC contacted me via letter and said the account was being dealt with by Lowells, then Hamptons (I think), and when I pressed for proof that the account was mine, HSBC quoted the 'statute of Limitations Act' saying they do not keep records beyond 6years, furthermore, my time to dispute the matter with the Financial Ombudsman had expired as their letter of this year was over 6mts old, coincidently, Lowells letter to me was the day after the 6month time limit had expired. Do I have to pay this debt? Will it show on my credit report? Any advice would be welcome.
  14. Name of the Claimant - Lowell Portfolio 1 ltd Date of issue – 4th November 2014 Particulars of Claim – The Claimant's Claim is for the sum of #4xx.xx being monies due from the Defendant to the Claimant under a non-regulated Communications agreement between the Defendant and Vodafone Limited under account number xxxxxxxxx and assigned to the Claimant on 13/01/2010 notice of which has been given to the Defendant. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of #0.xx from the date of assignment of the agreement to 13/01/2011 being an amount of #2x.xx. What is the value of the claim? Nearly £400 without fees, just under £500 inclusive of fees. Is the claim for a current or credit/loan account or mobile phone account? Mobile Phone When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Possibly, not sure (original debt was from 2008) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Definitely NO. Why did you cease payments:- Fell into financial difficulties due to the recession in 2008. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No .................................. Hi all, this is my first post on the forum, I just wanted to say what a great place this is for helping people with all sorts of financial issues. Thank you all. This is an invaluable resource. around the 10th-11th of November I got a claim form from Northampton CCBC for the above claim regarding an old debt for a Vodafone mobile contract that I could no longer afford to pay since I lost my job around summer 2008. I was 3 months into a 24 month contract I am sure that the amount claimed is 100% made up of the remainder of the contract and not actual useage. A default notice was posted on my credit file around December 2008. Since then I have moved around quite a lot and forgot all about it till earlier this month. Moreover, the debt is within a couple of weeks of becoming Statute Barred I am not sure whether a statute barred defenCe is any good here as the claim was made before the debt falls off my credit file. I have been reading on here and many other forums about the timescales to respond to the claim form. I have already Acknowledged the Service of the claim. I am now trying to write my defenCe. Any help here would be appreciated.
  15. Hi Guys Could someone please set up an announcement regarding emails received by Lowell last night? I would like to see how many people were affected. If they could please let me know the would be great. Quote Lowell "We were attacked last night and out IT team switched off the exchange server to prevent other emails being sent. We have not been able to confirm numbers of people affected and if any data was compromised. If you have been affected please contact Lowell directly and they will put you in contact with their IT team who will endeavour to help you remove the virus if you have opened the affected attachment"
  16. Hi, I've been issued a claim (around 2 weeks ago), dated 11 June from Bryan Carter. I needed to register with Money Claim Online for my code, which I did but have not recieved anything in the post yet. How long do I have to acknowlege the claim? Also is there a phone number for the Mcol people, I can't seem to find one.... Many Thanks
  17. Hi all, I received a letter from Lloyds in late July stating they had sold an account with a balance of 1590 to Lowell and that I must now deal with them directly. Lowell have written to me since, and I have been communicating with them via email. Having checked my Experian file, they have made several searches for me at my address. In my first correspondence, I stated I had no knowledge of, and did not agree to the debt being owed. I asked them to provide evidence of the debt in question. As the account was opened in 2001, I am pretty sure the account was closed outside of the 6 year statute barred period (but I am not certain). However to this end, I sent a letter stating in summary: "Please be advised, this letter constitutes a formal request that you immediately cease and desist from: 1. Any further unauthorized attempts to share or access my personal information through any licensed Credit Reference agencies 2. Any further actions or contact in pursuit of payment of any alleged statute barred debts In the case of statute barred debts the OFT Debt Collection Guidance states that: “Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”." Their latest reply states: I can confirm that the outstanding balance relates to a Lloyds current account which was opened on the xxx October 2001 with the original reference number xxxxxxxxxxxx. Whilst this account is a regulated agreement I would refer you to Section 74(b) of the Consumer Credit Act 1974, whereby any requirement to supply a copy of the agreement is exempt for current bank accounts. I have, however, requested statements from the original creditor which will show how the balance we have requested is made up. These will be forwarded to you upon receipt. Please be assured your account has been placed on hold until the requested statements have been received, at which point I will require your proposals for repayment. " Can someone please explain the point referring to section 74(b)? Any advice on how to proceed? Thank you all!
  18. I took out a Halifax credit card online pre 2007. It was £3 in credit in Nov 2007. In dec 2007 they sent me a new card attached to a credit card agreement unsigned by myself or them. What I did not realise then was that they had transfered the acc to a new acc along with the £3 credit. This has come to my attention as I was going to send them a CCA request in regard to my pre 2007 CCA. Has anyone any ideas as to what I should do ?
  19. Hi i wondered if anyone can provide any advice on how to proceed. My husband received a letter from Yuill and Kyle in january regarding a debt with lowell portfolio after reading advice on here i sent off a CCA request on 3rd of february by recorded delivery and enclosed a postal order for the required fee. I also sent a letter to yuill and kyle telling them we had requested this information from lowell. These were signed for and we have heard nothing since. Yesterday a letter arrived from Yuill and Kyle stating the following: Dear Sir Lowell Portfolio I Ltd v You Should you not dispute the debt then you are now liable to pay the sum shown below which included Judicial Expenses. To avoid decree passing against you then please return the slip below with your remittance. Failure to do so will mean decree passing against you and our instructing sheriff officers t o recover the principle, judicial expense along with sheriff officer fees. Finally we refer you to the court documents now served upon you which details your right to make representations to the court and if appropriate to pay the debt by instalments. You are always able to contact us to discuss a payment arrangement with you based on your circumstances and then put to our client for consideration. Yours faithfully Yuill and Kyle 3***** Lowell portfolio 1 ltd v Mr ************* ********* Principle due : £****.** Judicial Expenses: £***.** Total Due: £****.** Im unsure as how to proceed next we have received no court papers as yet but i believed when a CCA was not supplied then no further action could be taken until these were produced? Any help gratefully received
  20. Hi, Just received a County court claim form issued by Lowell's wanting 8K over for a defaulted loan 5 years old now. I requested a CCA and Lowells sent back some paperwork which also show some PPI that I had with the loan, I then back in February I sent off a SAR to Lloyds because I had other loans in the past as well and wanted to check them out, LLoyds replied wanting me to go to a branch to show some ID and a Bill to prove who I am due to a house move but that where I fell over a little, I had to wait for my passport to arrive as this was my only I.D. This has now arrived and LLoyds have been issued with my I.D I just have to wait for my SAR to arrive form Lloyds but now Lowells are now breathing down my neck with this County court claim!! Please help!
  21. Hi, it's been a few years since I was on this forum and with your help successfully contested a Statutory Notice (I think that's what it was called). This time, I've received a court claim from Lowell Portfolio 1 Ltd (BW Legal is the agent acting on their behalf and to whom documents etc should be sent) regarding an old T-Mobile bill (from around May/June 2009). The bill contains ridiculously high roaming charges and an early redemption fee. The account was actually used by my husband but we never bothered changing the names over so I'm the one stuck with it:-x. We did dispute the bill back in 2009 and were promised all relevant paperwork to be sent to us but this never transpired (I still have proof of posting these letters and proof of receipt of some of them as they were sent Recorded Delivery). Since then there have been numerous letters and phone calls from various agencies (some letters I even binned or returned to sender) and now they've finally issued a claim against me. I have already registered with MCOL and acknowledged the claim online. The particulars of claim are as follows: Date of issue: 6 May 2014 (Northampton County Court Business Centre) The claimant's claim is for the sum of £831.14 being monies due from the defendant to the claimant under a non-regulated communications agreement between the defendant and EE Limited (formerly T-Mobile UK Ltd) under account xxxxxxxx and assigned to the claimant on 8/11/2013 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.18 from the date of assignment of the agreement to the date of issue () being an amount of £31.86 Added to this amount are £60 court fee and £70 solicitor's fee so total amount is £961.14. I'm guessing my next step should be to send an S.A.R to EE Limited and a CPR 14.31(?) to BW Legal? I still have the template for the S.A.R so will use that but could someone please help me with the template for the CPR? I'll have a look around the forum for it but, you know, just in case I can't find it. Do I need to include payment for that one as well? Then I'll need to formulate my defence, which doesn't give me a lot of time. I guess I could check out the defence of similar cases on here and, if it applies, use it myself. The only other thread I have found on the forum so far, with the same particulars of claim as me, stopped dead before the defence was posted so I've no idea what happened in the end. I would be eternally grateful if anyone has any further advice to offer on this.
  22. Hi everyone, I had a contract with vodafone for years with no problems when my partner and i moved in together i decided to get another phone out for him as my upgrade was due and i would get a better deal being an existing customer than he would getting a new contract. We had loads of problems from the very minute we entered the shop including having to wait a week before the second phone could be picked up because of some thing i really cant remember. eventually we had both phones and that was fine, i had had contract phones for years so knew my bill would be late that month and would be higher than usual so i was fully expecting to get a bill in about six weeks. after around two weeks my phone was disconnected but my partners still worked which was a good thing as i had no house phone so used his to call customer services who told me there was an unpaid amount of 60 something pounds on my number, i told them this was impossible as i had been forced to pay my final bill in store before they would give me the upgrade as the bill was due a few weeks later, she apologised for the mistake and put my phone back on. same thing happened a few days later and again a few days after that, in the end i paid the money and planned on claiming it as bill credit after my first proper bill of the new contract was set up figuring this was the end of the situation. within a week or so both phones were cut off again with no warning, i went to my mothers and used her phone to call and complain and was told i had an unpaid bill, assuming this was the 60 odd pounds again i went off my head at the woman who turned round and told me that it was in fact a bill for around 320! i asked how this was possible for just over a month and she said she would refer it to be recalculated as this seemed very high compared to the bills i had had in the past, even factoring in another line the bill was recalculated and i paid it, same thing happened again the next month and i have at this point still not actually recieved a bill from vodafone. it happened a third time only for some reason vodafone refused to recalculate the third bill and even though i spent hours on the phone and wrote several letters/emails even asking for the bills so i could go through them myself which they charged me for but only sent the front pages, not the itimisation i had asked for. even although the account was clearly in dispute i eventually ended up at debt collectors and defaulted on the amount they said i owed which included a termination fee. i hadnt heard anything about it for a year or two when i moved house and suddenly lowell are in contact again, they disputed the debt with vodafone on my behalf apparently and voda told them i had entered a payment plan with them over this amount, which i never did because i do not owe it and i would never have agreed to pay a termination fee for a contract i actually at the time wanted to keep. so i now plan to send a dsar to vodafone but if im honest have no idea where to go from there? i have told lowell i will be making no payments until i have the debt recalculated im guessing i should write to them to that effect, when they phone now i just tell them that i have told them all im going to tell them and to write to me if they have anything new to add. Its really frustrating because i have done really well sorting out my debt from when i was a stupid teenager and this is really the only thing left to sort out and they just wont budge on it even though they are 100 per cent wrong. anyone have any ideas what I can do about this? Thanks in advance
  23. Hello everyone, So, back to those reputable lovable rogues Lowell Portfolio.. In September 2011 I obtained my partners Equifax report which showed a debt to Lowell Portfolio 1 for £341.44, dated 10/09/2008, defaulted 21/11/09. OH didnt recognise the debt, Equifax told us it originated from O2. OH contacted O2 by phone on 6th September 2011 to be told they told they could not find any reference for the debt and his ‘normal’ O2 account was completely up to date and always paid on time. They referred me back to Lowell. I then sent a letter to Lowell requesting the original consumer credit agreement. They replied on 8th June 2012 to tell me that “Following investigations we have concluded that the debt is not linked to you. As such we have removed your personal details from our database”. They refunded me the statutory fee. I have this evidentiary letter. I then spoke to Equifax to have the entry removed and Lowell (via Equifax) informed me that only O2 could remove the “incorrect link”. Basically they ech blamed each other. Equifax will not act without theirs or O2s instruction. At the same time I obtained my credit report from Callcredit. There was, as of 15th June 2012, no entry relating to any default whatsoever. Its still to this date not on Experian. We assumed it would go with the deletion of the OHs details from Lowells database. But when we went for a mortgage a few weeks ago, we were refused on the basis of this unsettled debt. We appealed but they wouldnt have it; whilst the debt is still on there they wont look at us regardless of whatever evidence we have. To make matters worse, Lowell have searched the OHs Callcredit file back in October this year, even though the debt was not listed there at the time of their promise to remove his details. Clearly as a last ditch attempt to keep the (now statute barred) debt alive. They have also searched Experian, but not listed the debt. Never any contact with him directly I might add. Surely, in light of the letter stating the debt is not his, we have some legal right of redress to force them to remove the entry and cease the unwarranted searches on his credit file? Any ideas on what to do? I dont want to have to wait a year for this to expire from his file when they cant prove it was his in the first place. I would instruct a solicitor if I thought it would scare them, but they dont seem to behave in a way that would respond to it. As horrendous as this may sound to some, I'd pay it if they agreed to remove the default completely but I doubt they would consider that either! Thanks in advance for your input. Ry
  24. Hi everyone. Just writing in the hope that I could maybe get some advice. A few years back I had an account with JD WILLIAMS for a catalogue. Made some purchases from it, was making repayments as normal etc. They even sold me some sort of PPI now that I think of it. Thing is, I lost my job, split up with the ex wife and now, fast forward a couple of years ahead I have had lowell chasing me for the debt, which now, thanks to me being stupid and hiding from it has ended up rocketing to a total of over £4000!!! I know for sure that the majority of this balance is made up of charges and late fees etc. today i received a court summons through my door which was issued on the 10th of february. I know i have only 14 days in which to acknowledge the claim, im not too sure what to do now, as i would like to try and claim back the PPI on the account a nd try and get back as much charges as possible so that I can get the balance back to as close to what it was (approx £1000) and then start repaying the debt. I know full well i should have made more of an effort to do this beforehand but now i just want to fix this mess as best as i can. Could anyone please point me towards the right direction? thanks in advance
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