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  1. Evening everybody, hoping for some advice regarding a claim form i've received from Lowell solicitors regarding a Vodafone mobile phone debt. Around 2008/2009 i took out a mobile contract with Vodafone, fairly sure it was for a year. After the year was had passed, i continued using the phone and paying the monthly line rental, without upgrading my contract or taking out a new phone. After some time (mid 2010?) I informed Vodafone via telephone that i did not want to continue doing this and intended to put a pay as you go sim into the same phone. As far as I can remember nothing more was said. I continued to keep getting monthly line rental charges for a number of months when I called vodafone again was informed that I could only end a contract via written letter. Monthly charges stopped but debt collection letters started arriving for the £152 outstanding. Foolishly I didn't do anything about this at the time, thinking it wouldn't come to anything as they were trying to charge me for something that had been cancelled and clearly wasn't being used. Dated 20 sep 2016 i've now received a claim form from Northampton court for £240. I've already sent off the acknowledgement of service. What should be my next step? I desperately don't want a CCJ, but don't really think this £240 charge is at all fair. I've got a Lowell statement of account from 2012 that shows vodafone transactions on the reverse between 21 July 2010 and 14 Oct 2010. £35 charges every month despite the only usage showing is £0.01 middle of August? Hope you can help, thanks in advance. Daniel
  2. just received through the post a letter from lucas credit regarding my ex argos card. The letter states that unless I start making a payment within 10 days they will refer this matter to there solicitors, cohen cramer ltd. My question is should I send a cca request now and see what they come back with or wait for them and see if court papers arrive and defend the normal way? the amount is £900 but I'm sure around £400 of this is charges from when I stopped paying the account and it was opened 2008
  3. Hi Guys, I seem to be in quite the similar situation to OP. I received a letter from Lowell around a month ago and called to speak to them. My account claiming I owe £323.33 for an account opened in 2009. There are regular purchases and pay offs over the next 12 months and then didn't use them for a long time. In 2012 I then logged into my account to make another purchase and suddenly noticed a huge balance, not knowing any better I paid of some of the balance, covering the cost of the goods but was arguing about all the charges. IIRC they actually dropped some of the charges at the time as they couldn't provide me with anything that said I agreed to them. Around the middle of 2012 I remember getting a phone call from a debt collection agency who said I owed, at that time, about £200 to Premier Man. I again said I was happy to pay it if someone could show me what or where I had agreed to those charges. I think I got a generic copy of the T&C but they were dated as 2012 and they couldn't provide me with T&C from when I signed up. I've not used premier man since and I've moved house three times since then but last month got a letter from Lowells saying I owed £323. I dont have that kind of cash so I called them and spoke to them. I explained the above, Premier Man couldn't provide me any details, the other agency couldn't provide me any details but if Lowell could provide me details I'd gladly pay it. At that point the girl on the phone said if I paid her £150 there and then they would wipe off the debt completely. Had it been right after payday I might have done it but, again, I dont have that kind of cash laying around. I told her the same thing, get me a copy of the T&C, something showing I'd agreed to them and what the charges are. Yesterday they've sent me a second letter saying my account is on hold until Premier Man provide my Credit Agreement but have provided a copy of my statement dating back to 2009 if I would like to get in touch to "propose affordable payments". T he last transaction where I bought actual goods was in 2013, more than 30 charges of £12 "admin fee" and some months - january and february 2013 for example - I've been charged the admin fee twice.
  4. Hi There Thanks for all the help I have had from people in the past just reading these forums - this kind of thing is why the internet was invented. I have now a personal plea for help if you people would be so kind, I think this is the right format: Name of the Claimant ? LOWELL PORTFOLIO I LTD Date of issue – 13 OCT 2016 What is the claim for – 1. the defendant entered into a consumer creditic act 1974 regulated agreement with JD Williams *********( the agreement) 2. the defendant failed to maintain the required payments and a default notice was served and not complied with. 3. the agreement was later assigned to the claimant on the 31/03/2014 and notice given to defendant. 4. despite repeated request for payment the sum of £1430.00 remains due and outstanding And the claimant claims a) the said sum £1430.00 b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.313, but limited to one year, being £114.40 c) Costs What is the value of the claim?£1544.40 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CATALOGUE CREDIT ACCOUNT When did you enter into the original agreement before or after 2007? NOT 100% AS ITS DROPPED OFF CREDIT FILE ALSO 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. IT WAS ASSIGNED TO LOWELLS Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE - A BITTER DIVORCE ENSUED Did you receive a Default Notice from the original creditor? NOT SURE - AGAIN I WAS OUT OF THE HOME Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE - SAW A NUMBER OF LETTERS TO MY PARENTS HOME IN THE LAST 6/8 MONTHS AS IT HAS BEEN ABOUT TO DROP OF MY FILE Why did you cease payments? MOVED HOUSE THROUGH A BITTER DIVORCE AND ASSUMED EX WAS TAKING CARE (stupidly) What was the date of your last payment? THE DEFAULT WAS ISSUED JULY 2010 SO BEFORE THIS DATE 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 management plan? NO Thanks in advance
  5. Hi I have a debt with Lowell. To be honest I have ignored the odd letter from them for the past year, its for around £1000 for an old credit card from 2012. I care for my mum who has dementia I have had other things on my mind rather than sorting the debt out as she is pretty time consuming, also I just haven't been able to afford it. I am in receipt of benefits for my own issues and get ESA Support group. its the letter you get from the court, and it says something like I have to reply within 14 days, I think it's a letter for the court action, as it is from the courts, but I'm not sure what I need to do. Do I just fill it in and ask to pay monthly? Sorry If I sound a little confused, its been a long night of no sleep so having trouble getting my head around the whole thing. Thanks, Chrissy.
  6. Hi all, hoping to get some advice/help. I received a letter today from Lowell Solicitors who seem to have bought a debt, they say the original account was with Three Mobile. I had a Three mobile 10+ years ago. They want £443. They claim to have written to me already about this, that they have a CCJ against me and that I am in arrears and can take further action against me. I definitely haven't made a payment for this debt in over 6 years and believe that if any debt existed then it should certainly have been statute barred. This is the first time I've heard about any CCJ and the first time I've heard from Lowell. What should I do in this situation? I've seen other advice for prior to receiving a CCJ but don't know how to proceed if they already have one. Thank you!
  7. Good morning. This may be long winded but I appreciate those who read, and those who reply even more so! My partner noticed a default on her credit file, which was placed on the 24/03/2013. The defaulted/delinquent balance is showing as £1. The current balance is £1,095. The account was opened on the 10/05/2006. She has emailed both Lowell and o2 trying to obtain more information, because she cannot actually ever remember having an o2 contract. From Lowell we have received the following information: The last payment on the account was on the 27th August 2012 for £65.55. The balance is broken down as £409.93 for Airtime debt and quote 'any additional usage from the last payment up until the account was disconnected' £604.43 Early Termination fee again quoted 'calculated to reflect the remaining months of your contract which remain unpaid from the date of account closure'. The account was disconnected on the 22nd October 2012 My questions are: If the contract rolled forward, this would be from May 2012. Making the outstanding months of the contract around 7. This means that the monthly contract would be £86! This seems to me extremely high, but ok, if, the last payment amount hadn't been £65. do telecommunication companies not 'bar' you from making outgoing calls if your payment is overdue? Which leaves me to wonder how the usage charge is so high. Even if for arguments sake £160 of it is line rental charge. Therefore, is my partner within her rights to request a bill/statement of exactly how these charges have been made up? and are o2 responsible for providing this information? If a delinquent or defaulted balance is reported as a £1 on a credit file can the amount being chased be disputed? Lowell have also informed us that because this is a service agreement o2 have no legal right to provide my partner with a signed agreement for the contract. She also requested confirmation from o2 informing her that the debt had been sold to Lowell. Lowell have provided this information by way of pdf in reply to her email. But the letter is not on any letterhead from o2. They have also advised that a notice of termination (which is being requested from o2) is sufficient as it will also note an intent to file a default. Is this correct? They have stated that they have a 'large' number of documents relating to Lowell corresponding with yourself requesting payment of the account and are willing to provide these, which we have requested. So far the only reply we have from o2 is that the debt has been sold to Lowell, and therefore will be chased under their normal circumstances. Any help on how we can obtain the information we need would be GREATLY appreciated. Many thanks for taking the time to read
  8. Hi I had a default placed on my account by Lowell Portoflio 1 limited. It only appeared about 4 months ago and had no relation to anything else on my credit file - it appeared out the blue as a default with a value of just over £100. I've since sent an initial letter that I found online, talking about how as they are the data processor they are responsible for providing with certain pieces of information etc. I have gone back and forward with them using letters - I had a response from them telling me they were unable to provide any of the information relating to the account or the default notice as they didn't keep this on their records. They have advised that they will also not remove the default. They mention in their latest response that the default is from a debt relating to a Vanquis account - I;ve only ever had one account with Vanquis and it clearly shows on my credit history as being a well managed and then settled account with no missed payments. I'm stuck as to what to do next! Any help would be much appreciated. Thanks
  9. A dear friend is trying to fight legal action from this catalogue company via Lowell's even though she never opened the account and goods were delivered to a different address. She informed the catalogue company approximately two years ago when she first received a letter about the account. After that she heard nothing til a couple of months ago with a letter from Lowell's. Being inexperienced and knowing this was not her account she rang them and explained the account was fraudulent. She also rang the catalogue company but they couldn't give her any information! She has acknowledged the court papers and entered a defence that though the account is in herr name, she didn't receive the goods and they were not delivered to her address. But Lowell's just sent her a letter saying they would reduce the amount! How does she get evidence when the catalogue company say they have no information on what was ordered and where it was delivered? Why is this happening when she informed them about the fraud years ago. Its been assigned to her local court but she needs to be able to get evidence?
  10. I have posted a similar thread before for Brian Carter is he the same as Lowell if so just wanted to clairify the first course of action is to go on MCOL site and defend all, secondly request CCA, the original date of account was 8/8/07 and I did pay something but am more than sure I have not paid anything to them in the last 6 years. Please can someone just let me know if this is correct course of action. Greatly appreciated Mashmallow
  11. Good evening, could someone please help me out on where I go with this. Earlier in the year I received court papers re a debt to Lowell which was previously with a mobile phone company. I acknowledged online and submitter my defence based on it being statue barred. I received a letter saying the claimant has 28 to respond or it is stayed. No response I expected it to be stayed. I then received the notice of proposed allocation to small claims court had to fill in if I wanted mediation (said no) along with what dates I'm available etc. Directions questionnaire I think this was form N180 Today I returned from holiday saying its been allocated to the small claims court in August and a hearing fee was payable by the claimant by the end of June. I've no idea if this has been paid. It then goes on to say I have till a few days time from now to prepare and send in copies of all documents. So as you can see not a lot of time. My problem is this, I'm positive it's statue barred but don't have any paperwork to hand as its years old. What do I do now? Do I write to all parties now saying this or what ? I could maybe get a copy of my credit file showing that it isn't on there or in the closed accounts obviously time is of the essence. Any help would be greatly appreciated. Just to add I was previously told not sure if rightly or wrongly that it's down to them to prove I owe it and it's not statue barred, not me to prove it is statue barred, hence why I haven't gotten anything together on it. I've basically been waiting for them to provide proof it either is or isn't.
  12. Only for £80 which is nothing compared to some on this forum, but just wanted to share my personal *win* with knowledge and foresight provided by this site For some time i had a Citi/Opus credit card and kept it in a manageable level. At around May 2012 I left my family home at the start of a very bitter divorce proceedings. The details are unimportant other than at the same time to this I thought I had paid off the Credit Card completely and even destroyed it. Unfortunately due to the bitter divorce, letters that Opus had been sending me were not passed on (destroyed?) by my wife. My first hint of a problem was that I received a letter from Lowell informing me that I now owned them over £80. I immediately asked them for details , not a formal Prove it letter as I wanted to seem a bit naive . This resulted in a copy of statements from Opus going back to about October 2012. The problem was that every statement consisted only of late payments and interest adding up to about £50 of the £80 demanded. Not a single mention of the original debt There then followed many rounds of politely asking for statements going back to the original debt, with a response of either 'pay us' letters, copies of the part statements or even the original agreement at one point ( even though I hadn't even asked for it) This came to a head when they managed to find my telephone number and called. They made the mistake of saying that if I wanted the original debt statement that it would be my responsibility to to submit a SAR to Opus and 'its not their problem' I then sent them a heavy hitting letter, pointing out their statuary responsibilities, their onus of proof, revoking any contact by telephone etc and refusing to respond any further unless they provided either original debt proof, or started court action. They caved immediately and i received a No Further Action in the post today And that original debt? I still don't have the faintest clue what it was for. But extrapolating back it must have been for less than £5 Thats a 1600% overcharge fail for Opus/Lowell in the bag
  13. Hi there, not been on here for a long while. Have had a letter out of the blue from Lowell on a Lloyds credit card account that was defaulted in October 2010. Obviously this is about to drop off my history but obviously as they've renewed their interest in me I'm wondering my next move. Their reason for contacting me was to offer me a discount of 75%, now this obviously smells to me of them not having a prescribed agreement (the card was taken out pre 2007). I've had a look through my papers and it seems that for some reason I have never claimed charges on this account. Now I can obviously type up a CCA to see what they have, as I said it has been a while so on top of the actual signed agreement what else should I expect? With regards to sending a SAR am I still able to claim charges this far back? Any links to templates would be gratefully received! (I'm a bit rusty in here) Thanks in advance...
  14. Hi all Ive had an issue going on with Lowell/Cohen regarding what they say is a catalouge debt. I asked them to prove the debt as it is not one I recall (other debts are cleared) as they threatened court action, and thats what they have done. I received very vauge information from them ,but they sent what they claim is a credit agreement which is missing my signature (it was apparently an online from, where my signature is missing,there is a tick box instead). Today I received a form from Northampton, the particulars of the claim state - " The claim is for the sum of £xxx..due by the defendant under a non-regulated shop direct account with the account reference of xxxx... The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on xxx,notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceddings in the sum of £xx. The claimant claims the sum of £xx" Two things also concern me regarding these forms - It seems to be missing a court stamp - there is just a printed circle of 'the county court' on it Return address for sending payment and documents is cohen cramers The papers were received today. Many thanks in advance
  15. Hi, New here and any help will be appreciated! i've recently discovered that Shop Direct have taken out 2 CCJ's against me for an account that i never owned. One of the CCJ's even has the wrong DOB on it - crazy to think the court never picked this up! i need to know what actions i can take to get rid of these CCJ's - ive just got off the phone with Shop Direct who say they will not treat the accounts as fraud as the items were supposedly delivered to my house and a few payments were made. I had never even heard of Shop Direct until a couple of weeks ago and certainly never had any goods off them or paid them anything! First CCJ: Recovery Agent - Lowell Amount - £2976 Account Start Date - not know as its not on my credit file however on the phone i was told it was in 2008 CCJ Date - 12/08/14 Second CCJ: Recovery Agent - Capquest Investments Amount - £1038 Account Start Date - 13/05/2008 CCJ Date - 11/09/14 Has wrong DOB on it What i need help with is the best course of action now as ive heard by filling in a Subject Access Request Form and requesting the information held on me, this means i am admitting the debt and can open up a can of worms. ive reported the fraud to the police but Shop Direct were not interested in that when i told them. i dont want to call up the debt collection companies as again they are extremely unhelpful and unless i know exactly what to tell them that will open up a can of worms too. Thanks
  16. Hi, After a bit of advise please. I received a letter from Lowell regarding a shop direct account saying that they have been instructed by Lowell Portfolio to commence legal action and issue a claim against me, along with a load of costs on it. I contacted Shop Direct, as I was very dubious about the balance quoted, let alone the debt. I think it is something I set up for my ex to buy a few bits and pieces. Looking at my credit file, the defaulted balance is half of the amount they claimed. I contacted Shop Direct and found out (very little, other than the last purchase was July 2010. They couldn't provide information regarding any payments made (or wouldn't, they referred me to Lowell). What should I do. If it was defaulted at have the value they are claiming, are they allowed to add whatever they want to the balance? Can I request they prove the balance etc?
  17. Really need some advice as to what to do first,, do I call Lowell ? How do I respond to the forms I know there is a deadline we have to meet. My boyfriend has received a claim form from a Vodafone contract he had no choice but to cancel due to the recession, he had no work and got himself in a bit of a mess which he is still in the process of sorting out. At the time he did visit the citizens advice who helped him, they advised he offer to pay Vodafone £1 per month which they declined. I have copies of most of his bills from 2005 onwards, sadly the copies he gave the CAB are missing which are the crutial ones, however I have bank statements showing his regualr payments to cover the missing vodafone bills. He had been a customer with them since 2005, they had one dispute in 2008 when his bill suddenly jumped for one month to over £200 which was rectified/reduced as it was an "error", apart from that he was a loyal Vodafone customer until 2010. He disputed the last two bills they sent him, he received one for £205 and called them to dispute it, he was told they were looking into it, he decided not to use the phone during the last month to see what would happen, he purchased a PAYG phone from Tesco, Vodafone still sent him a bill for £211 which the bank rejected as he had no funds to cover it. Prior to this all his bills were between £80-90 per month, he never followed up on the dispute he raised as in his eyes they had taken £205 the previous month which he had not incurred, plus at this point he was not in a great place in terms of his mental health due to being out of work and unable to live/survive financially. Ironically if you look at the call records of his phone he barely used it ! Vodafone wrote him two letters 4/1/11 saying he owed £326.97 then 14/2/11 stating £575.24 was owed. He heard nothing then until now when he received the claim form from Lowell saying he now owes £751.26. What should we do? I have read lots of other threads but feel this one is slightly different. Please help
  18. Hi, I had a default with Lloyds TSB a few years back, which Lowell took over. A few days ago I received a letter through the post from court saying Lowell want this debt paid and I have 14 days to respond. The original debt was made up of charges (because of an unplanned overdraft), The total amount owed is around £1400 and I just refused to pay it and buried my head. Is there anything I can do about this now or should I just accept and pay it in installments? Really don't want a CCJ. Thanks
  19. Hi Everyone, Firstly i'm new here so please bear with me i have been trying to get a a default removed rom my credit file that started out as £12 that i did not realise was outstanding. The debt has been paid in full once i found it on my credit file (£67). Lowell have placed a default on my file and i sent an email to get further information and to ask for its removal. I have received the following from them, how can i now progress? Good morning, Thank you for your email. Lowell reference .......... We acknowledge receipt of your correspondence. We note all your comments and have investigated the matter. We note that you state that we are in breach of Section 87(1) of the CCA 1974 and that you received no such default notice for the account . The default notice is a one off document that is issued by the original creditor at the point when the borrower ceases to pay the required predetermined payments. As your dispute is in relation to the adding of the default in the first instance and therefore existed prior to sale of the account to us, then it would remain the responsibility of the original creditor to resolve. Therefore, any issue that you feel that you have in this respect would need to be addressed by the original creditor and not Lowell. We are not prepared to remove any default registered with the credit reference agencies in respect of this account as we consider that this data remains correct and accurate. This information will remain on your credit file for a period of 6 years from the date of default. The account has been paid in full and now closed and therefore you have accepted liability of the account. Should we receive any similar correspondence from you regarding this account, we will not be providing a response. If, however, you do have any specific questions regarding the content of this email, please do not hesitate to contact us. Kind Regards, Colette Customer Services, Lowell Group Many thanks in advance for taking the time to help! - - - Updated - - - also the default on my credit file sits under Lowell i don't actually know who the original creditor is for sure
  20. Good afternoon CAG, I have today received a claim form from Lowell issued from Northampton for an old Next Directory account. I dont know when I opened this account as they do not state. Could someone please give me a little guidance on how to deal with this please? Thank you guys
  21. I have been chased for a number of years by Lowell for a debt. They go through phases of really chasing, then I don't hear anything for a while. In May of this year, the debt became statute barred. It has now disappeared from my credit file and my credit rating has gone to good again. However.... Lowell have REALLY started chasing the last few weeks. I have had letters galore, I have had about 5 phone calls a day and a couple of texts, and now they have started sending letters, addressed to me, to my parents house. My question is what action should I take. I know the debt is SB, but I'm concerned by their sudden chasing. Do I need to worry? Should I ignore it all, or should I write to them? I'm concerned as to why they are sending the letters to my parents address rather than mine, are they trying to get a CCJ by deliberately sending to the incorrect address? Is writing to them to tell them a debt is Statute Barred not an admission of ownership? Thanks everyone!
  22. Hello Everyone, I had few hundred pounds stuff ordered from shop direct in 2013 . I didnt like the stuff and sent it back , I got email confirmation that shop direct will refund in my account which they never did . I have more then 25 emails which I sent them and their replies that they have received the goods back and they will credit the account they never did. Three years later I got latter from Lowell demanding £3182 and its going higher day by day. I requested CCA AND CPR on 11/12/15 . I requested , 1. Agreement / Contact 2. Default Notice 3. Assignment 4. Formal Demand But instead I received the Lowell made documents today which they will present in court. I have attached here. ( PLEASE HELP i have never been to court and dont know what to do ? There are more documents here... Thank you Andy ..I haveattached court documents here. docs1a.pdf
  23. Hi Guys, I'd be interested for your thoughts and advice on this. I was recently contacted by Lowell with regards to a very old Littlewoods account. I CCA'd them, and they were able to provide a signed CCA from 2007. Here is the interesting/confusing bit- Outstanding Balance - £183 Last Payment - 10.05.2010 Default Date - 11.04.2011 It seems it had taken Littlewoods 11 months to default the account (there was no contact between myself or them in that time frame). Would I have a leg to stand on by going down the statute barred route from the last payment date? Cheers
  24. Hi everyone, long time since I posted, have been keeping my head down after finding a strategy for my debts and uncooperative/unreasonable/deceitful 'creditors'. my strategy, devised at a time of severe ill health was to work out who didn't have valid agreements and claims and to tell them the facts and to sod off, and those who did have a rightful claim were offered a token sum as F&F. The first group claimed I was wrong, or simply ignored me, and the latter either demanded full settlement or ignored me. Either way, anything arriving after their response to my statement of facts was ignored - my position was clear and I wasn't going to waste time arguing. If they were convinced of their position, they could take legal action. The strategy worked because they lost interest in me. Now, 6 years later, an ugly vision has reappeared, but it pre-empts my intention to ask for help in making sure everything truly has gone away. This problem concerns HBOS who were awful to deal with. Getting simple responses from them was impossible, and at one point I was forwarding their responses to my complaints to their Secretary asking him to clarify the rubbish that was supposed to be answers to my complaints. In 2009 I started investigating the status of the account, and following the collective wisdom of this site, my CCA was a recon, and the DSAR resulted in a 2 page document. One page for my address etc (pre-filled when sent to me), the 2nd page was clauses/conditions. The last clause was 1.8 and it referred to another clause, 8.2 which gave them the right to vary the conditions. I considered the agreement incomplete (where were clauses 1.9 - 8 and maybe more?) and wrote advising them. I received more info, and again wrote that I still didn't have what I considered a complete agreement, and there were other things missing from the DSAR - fees paid, manual interventions etc. In short, I never received any more of the agreement. In early Aug 2010, I wrote to the Secretary (3rd letter) saying they didn't have an agreement, and so could not recover anything, quoting WILSON and THE FIRST COUNTY TRUST LIMITED in the High Court, [2001] EWCA Civ 633. The Judges commented : "In effect, the creditor – by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms – must …….be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid." I considered HBOS fell in this category. HBOS had also issued a dodgy default notice (this was at the time of the 'unlawfully repudiated' defence). Whilst stating several times that I did not consider any debt existed, and that no agreement existed, I complained that they were processing my data and passing it to debt collectors, in breach of the Data Protection Act. I asked them to stop processing the data, prevent others from doing so, remove the default on my Credit file etc. They never replied. Things went quiet. In June 2014 I got a letter from Lowell saying I had been advised by another Lowell company that they had bought the debt. I hadn't had any such notice (no surprise) and as I didn't consider any debt/agreement existed, and as I had not received any evidence that Lowell had any contract with me, I ignored it. Things went quiet again. I have just received another letter from Lowell - an "Annual Statement" "for information only as required by the Consumer Credit Act 1974" covering the period June 2014 to June 2016. (Obviously Lowell have a problem with understanding what 'annual' means lol). The balance quoted is the balance quoted by HBOS so there hasn't been anything added/deducted to the balance. Now, in my own mind, they don't have an agreement. The account was opened in 2005, HBOS couldn't supply the agreement in 2010, and there is even less chance of it being produced now. There is no way I am paying anything to this account. My quandary is that I am concerned about how much info is still out there concerning my accounts. Lowell are obviously still holding my data even though it was just over 6 years ago that I stated firmly that as no agreement existed, no debt existed either (using words from the High Court judge - the money had been gifted to me). I think they are in breach of the DPA by holding my data without my agreement, and as the account was closed in Aug 2009 it is past the 6 years rule anyway. The statement says it is for information only - is that usual or an admission that the debt is unenforceable? I wrote to all creditors in July/Aug 2010 either telling them the debt was unenforceable or offering a one-off F&F. As a result, all my debts are at least 6 years old since last being acknowledged, and my concern is that the cycle of demands will start again as the dregs of debt collection start a last gasp effort to recover something. I am concerned about using Noddle or Clearscore because I am not on the electoral register and am worried that updating my credit file will simply start the cycle of demands again. I have been waiting until I am positive more than 6 years has elapsed so that everything is statute barred and I guess that time is now. Hopefully everything will have gone from my file but what do I do if it hasn't? and what do I do about the dregs that are obviously still processing 6 YO data as Lowell obviously are?
  25. Posting on behalf of the boyfriend, this is a mobile phone account, I know they work differently but can't remember why/how. Sorry it's been nearly 10 years since I was on here lol Name of the Claimant: LOWELL PORTFOLIO I LTD Date of issue – 11th JANUARY 2016 Date to file def12th FEBRUARY What is the claim for: 1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH VODAFONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT'). 2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS a) THE SAID SUM OF £213.40 b) INTEREST -£17.07- c) COSTS What is the value of the claim? £305.47 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? MOBILE PHONE ACCOUNT 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? YES Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? He honestly can't remember why, probably financial issues as he was suffering severe mental health issues at the time and was undiagnosed until a couple of years ago. What was the date of your last payment? 9TH AUGUST 2010 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 management plan? NO
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