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  1. Hello, I am having some issues with Lowell about a JD account. They have been hassling me for a debt, but the figure is much higher than it should be. I wrote to them and said that the figure is wrong and that I am waiting for JD to reply to me, Lowell said this to me: I appreciate that you are awaiting a response from JD Williams, however as previously advised, they are under no obligation to respond or to provide a figured owed. This is because Lowell are the legal owners of this account. If you wish to dispute the balance of this account it would need to be done directly through Lowell, which is something I would be happy to do for you. I thought that JD DID have to answer me about the balance? I feel a bit bullied at the moment as silly as that sounds, as they send so many letters, but I don't and can't pay the larger amount they are requesting. Also, I know that JD added a lot of £12 fines for late payments and admin charges etc, can I legally ask them to remove those? I am not sure what I should do.. Any help would be greatly appreciated..
  2. I am helping a relative with a claim that has come through MCOL. After requesting documents, we have finally been sent the Claimant's Witness Statement which includes a schedule with some further information. I want to get a supplementary witness statement prepared plus a skeleton argument. I saw one thread that seems to cover the situation http://www.consumeractiongroup.co.uk/forum/showthread.php?443519-Lowell-claim-form-old-shop-direct-CAT-debt-***Claim-Dismissed*** However the links to the relevant documents are not working and I have seen some mention of the documents being lost following a hack. Post #149 onwards seems relevant http://www.consumeractiongroup.co.uk/forum/showthread.php?443519-Lowell-claim-form-old-shop-direct-CAT-debt-***Claim-Dismissed***/page8 Can anyone help me find these or similar documents that I can use as a guide? Thanks
  3. Advice please Lowell had been chasing me for a Lloyds Credit card Debt. back in May I requested a CCA from Lowell, and eventual received a letter in September from Lowell's saying that the CCA was no longer available due to length of the time since the account was opened and that they were closing the account. Now they are defaulting on my credit file can they do this. ( I still have the letter from Lowell) I have put in a dispute with the credit file asking for it to be amended but they say Lowell are saying they have received no payments and the entry on my credit file can not be amended.
  4. Acting on behalf of a friend for this I believe this is second or third “pre legal” letter she’s received ref this It’s an old mobile phone debt to three mobile for the sum of £542. It’s at least a few years old now She suffers hugely with mental health issues and cannot manage any sort of budgeting, this is done by her partner whom I’m friends with. He’s finally come clean about this letter and is panicking now due to the word legal being in the letter It states they are deciding to transfer it to solicitors to recover it Then goes on to say if legal action is taken and then lists the process Anything I can do to help under the mental health act to get this gone?
  5. Hi I took out a door step loan in 10/2010 due to my younger sister having a stroke I defaulted in the same year I have not paid or recognised this debt since in 2014 it was assigned to lowell who marked it on my credit file as a new debt. Today I received a letter saying despite previous letters I have not made an agreement they are giving me 30 days notice before court have included a load of paperwork for me to fill out about financial situation other debts and am I seeking debt help or who I plan to pay. They say that because they took over the debt in 2014 the six year rule started when the took over the debt. The original debt no-one appears on my credit file as it went statute barred either the end of 2016 or early 2017. How do I fight this if it comes to court
  6. Hi guys, As always your advice is much appreciated. Lowell issued me a backdoor CCJ on 11.11.15 to my old address. However they were writing to me at my current address at that time regarding another debt. In fact they received our new address details on 17.09.15 and wrote to us on that date. Worth trying for a set aside?
  7. Hi All, Thank's for taking the time to read this. I know there's tons of information out there regarding such matters - and after much research, I think have a pretty good grasp of what needs to follow, but I'd really appreciate your advise or any input you have! The low down: 2012, low point in my life, lots of debt (I know, I've had my spanking). I have a perfect history for over 5 years now - so it's essential I avoid a CCJ at any cost! The debt was a current account / overdraft. It was defaulted in late 2012, on my credit report, it's showing settled with the bank in mid 2015, and the debt now falls under a new section under the name Lowell, with a default status as the same 2012 date. I have not made any contact, nor payments before the default was even issued. Ok, so first of all the claim form: ------------------------------------------------ Name of Claimant: Lowell Portfolio Date of Issue: 18/12/2017 Address for Sending Docs & payments: Lowell Solicitors PO Box Particulars of Claim: Author Document Debt assigned on XX/XX/15 by XXXXXXX Banking Group, and the claimant claims: 1. XXXX 2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc Ref: xxxxxxxxxxxxx ------------------------------------------------------------- I've purposely masked dates and figures, but if I've gone too far, let me know, and I'll fill in some of the blanks. Point 1 - is just a single figure, of lets say 3500. Point 2, Mentions the "banking group", but not the actual bank I was with, which is under a completely different name. That's it, nothing more. As you can see, they have been incredibly vague with the POC - this makes me think they know very little about the debt, and it's just a long shot on their part. Ok, so - generally, my plan of action is: 1) Sign into MCO and acknowledge (DONE) 2) Send A CPR 31.14,current account version (I'm not sure they even know it's a current account!) to Lowell solicitors PO Box 3) With the information I receive back - write up a defence. 4) If nothing is received back - Write up my defence, which will include failure to provide info specific to CPR and argue their claim is far too vague. I'm having trouble with the 31.14 - as in examples, you request the documents that are relevant / specified in the POC. But there's no mention of any, no agreements, letters, warning, default notices etc etc - it's so vague, I'm not exactly sure what I should be asking for! I would be so grateful for any advice/input on this! I also apologise as this turned into more waffle than I anticipated! Thank you! P
  8. Hi, Looking for help and advice. Some years ago I took out a credit card in store with Sygma Banks UK. (guessing around 7 years ago) Having fallen on hard times due to chronic depression and anxiety attacks I was retired from work on ill health grounds about 5 years ago and came to an arrangement with Sygma to pay £5 pm. The Account was then sold to Moorcroft Group and then on to Lowells. I maintained the repayment until just over 3 years ago and have paid nothing since. The balance listed is £1235. Apart from the occasional letter asking me to get in touch and a heap of telephone calls which I haven't answered (number now blocked) I have heard nothing from them until recently and I have now received a letter of claim from Lowell Solicitors stating that unless I contact them or make arrangements to pay within the next 14 days, a claim will be made against me in the County Court Bulk Centre without further notice incurring extra fees such as interest and costs. My credit file is clear except for a closed account for Lowell which will be 6 years old in November this year. The original agreement wasn't signed at the point of sale as I remember them sending me another form though the post a few weeks later to sign. I can't remember any further details though. I'm pretty sure the original application was ticked to have PPI insurance although it wasn't taken up on the agreement form. I mention this due to my ongoing illness in case it might be relevant. The only paperwork I have now is the letters from Lowells. I don't have the money to pay it although in full. If it's at all possible I would like to protect my credit file. I was thinking of just setting up a standing order of £5pm which was the original payment plan and ignoring their letter. Is that likely to stop court action. If protecting my credit file is not possible then I'm thinking of ignoring them and taking the CCJ on the chin and waiting for 6 years until it expires. Any advice on how to proceed would be very welcome. Thank you in anticipation.
  9. Hi All Newbie here, hoping someone can point me in the right direction please. Just over 10 years ago I lost my dad to dementia, just over 5 years ago sadly he died, unfortunately he wasn't insured or had any saving it was down to me to find the money for his funeral not having much money myself I had to rob Peter to pay Paul so too speak a lot of my own bills got missed in order to find the money needed. Long story short I ended up defaulting on my very catalogue account, they quickly sold it on to I think at the time it was Reston's, they gave up after a couple of letters then Moorcroft took over again gave up after a couple of letters then Lowell took over with letter after letter they even sent a 50% reduction letter at 1 point unfortunately I buried my head in the sand and hoped it would just go away as I was in a bad place at the time after suffering ill health myself, no excuse I know. Eventually this year I finally got myself together and started looking around the web to see if I could find some help after doing some reading on various sites it all pointed to sending lowell a CCA letter by post which I did, after approximately 6 weeks I got an email from a company called Lucas Credit Services Ltd I thought it was time to join a site and seek help properly, the letter says :- Dear xxxxx Our Ref: xxxxx Client Ref: xxxxx Outstanding Balance: £4,724.88 We refer to your recent contact with our client Lowell. We have attached herewith a copy of your Credit Agreement and Statement of Account as per your request. Please note your agreement has been terminated and the outstanding balance of your account stands at £4724.88. Please telephone this office on xxxx xxxxx on receipt of this email to discuss the matter further. If we do not hear from you within the next 7 days, we are instructed by our client to refer this matter to their solicitors, Cohen Cramer Ltd to commence legal action. We look forward to hearing from you. Your sincerely Attached to the email was a statement, an agreement and a blank agreement for some reason. I joined Experian yesterday to check my credit file on there it says I have 1 negative and it was Lowell that had recorded the default on the 26/02/2014 with a default balance of £4022 on the statement it says sold balance £4724.88. now I'm wondering what I have to do next as it says never ring these people. Hope this is enough information and that someone can help me please, thanks in advance clock
  10. Hi guys, I have a CAPITAL ONE credit card which back in september I had offered to make £1 token payments, my response was that they had referred to fredericksons intl for repayment... i set up a £1 standing order online to fredericksons with a letter to them copying in my letter to capital one regarding token payment and my current financial circumstances... my first token payment went out in december which got accepted and my balance reduced by £1. HOWEVER - i now have a letter from Bryan carter which is there "LBA_S2LIT" template letter giving me 14 days to make payment arrangements with fredericksons.. do I simply copy my previous letters to capital one and freds to bryan carter? as its clear that previous two have taken a complete disregard to everything?? help Dave
  11. I've lurked here for many months and gained lots of useful advice. Many Thanks. I've joined ready for what may be the next step.... I've taken up the cudgels for my partners who is being harassed by Lowells Pariahs for an old £400 Provident debt she was saddled with by her ex partner. On my advice, she ignored months of Lowell Portfolio threatograms and discount offers to settle, then they wheeled out Lowells Solicitors, whom I imagine to be another minimum wage otherwise unemployable sat at an adjacent desk! I suspect they are cranking up as it appears to become statute barred in September. When they got serious. I CCA'd them on 3 March. They replied on the 11th, putting things on hold, refusing to supply commercially sensitive assignment details and seemingly awarding themselves time over the 12+2 to produce the other. They wrote 29th March enclosing Statement of account which is a poor Excel anyone could have done. Stated they were still waiting original agreement. Reading all useful advice, I now plan to do nothing. Is that correct? Also what can we expect now and how to deal with it. Have they failed the 12+2? Interested to hear. Many thanks.
  12. Hi Not sure if this is the right place but wondered if anyone could help me. I received a Claim Form from the County Court Business Centre in Northampton where Lowells had taken me to court for outstanding debt to Provident. I panicked and went on Lowells website and paid £50. I also sent Lowells a email stating i would be able to pay £50 per month till the debt was paid off. They responded saying that i had to phone them and give them details of my income and outgoings before they would accept my payment plan. I didn't phone them and have made 3 payments of £50 now. Today i received a letter from Lowells Solicitors saying if i don't phone them they will ask the court to enter a CCJ against me. I really don't want to talk to them or have baliffs calling. Could anyone suggest something i could do Thanks
  13. Hi All Lowells have just offered me 50% off a £5k debt on an overdraft from 5yrs ago. I have a letter and also on their system it shows the 50%. I can pay either in full or in part by Direct debit. Are overdrafts harder to defend due to not needing a CCA? Or os the opposite true and it's harder for them to go to court with? They say this won't remove the full debt from my file. This is what they say: Note: If this account is on your credit file and you opt to pay the 'Discounted Balance' your credit file will be updated to show as 'Partially Satisfied' once your payment plan is successfully completed. If you choose to pay the Full Balance your credit file will be updated to show as 'Satisfied'. It may take up to 50 days for your credit file to be updated. If you do not maintain your payment plan, your discount will be removed. I am leaning toward accepting this if I can pay by DD in affordable amounts and with no interest. However, if I pay by DD it seems open to Lowell changing the terms mid way through. Am I correct in this concern? Based on reading here, most cases are mainly based on F&F payments not DD, but I assume I need to write letters and get it in writing that they confirm if I start payments via DD then it will be full and final "settled" on my credit file when the debt is repaid? Any other advice before I enter into communication on this? Lowell had 2 debts of mine from this bank. One CC and one overdraft. The CC has been cancelled due to no CCA. I actually had a loan from the same bank which was meant to consolidate the overdraft and CC. The bank gave me the loan based on them cancelling the CC and overdraft. They said it was a requirement for approval of the loan from the underwriter. They did neither and I crept back into debt with both. Thanks again all. D
  14. Hi All, I have been contacted by a company called Cohen Cramer regarding an alledged debt for a mobile phone bill with Orange back from 2013. I do not recall having a mobile phone from that period, although I did have a mobile internet dongle thing which I believe was on a one month rolling contract. I really wanted to know what I should send them in order to find out more information. I am aware that mobile phone contracts are not covered by the CCA, so is there a template for a letter I can send, and also what documentation will they legally need to be in possession of in order to win if they decide to take this to the county court. Appreciate your help in advance! Thanks!
  15. I have received a County Court claim form for Lowell Portfolio 1 Ltd for an old BT debt 10 years + for £290 incl. fees and costs Can anyone point me in the right direction to a Defence Template I can use I have already requested further information from Lowell as I do not acknowledge the debt as it is so old and have since had other accounts with BT over the years but yet to receive a reply I have till the 13th Dec to submit my defence Thank you
  16. Hi, I received a call earlier today from Lowell group in regards to an old o2 debt around £900.00 in total. I disputed the debt was then told the court had proved in 2013 I owe the debt which Lowell group purchased from o2. I told Lowell I would not be paying a penny I asked that all future correspondence is stopped, Lowell said my mobile phone calls will stop I will Start receiving letters as I am responsible for the debt I told him not to make any contact at all but Lowell did not listen he said a ccj was given against me and it was proved in court in 2013 I need to pay the debt. After a long chat I decided to telephone o2 and ask for any previous accounts that may have ended up in arrears. After a thorough check with my details and address the o2 representive said I have no outstanding debts on previous accounts and nothing is showing up as being sold to a debt collection company. I was advised to ignore Lowell group I wanted the o2 rep to do one more final check which showed up a business pay monthly account in arrears. Which matched my first and last name I have never held a business pay monthly with any mobile provider the o2 rep said not to worry it could be someone has used my details or they are mistaking me for somebody with same date of birth and name but as far as the o2 rep was concerned I do not owe o2 any money and no account in my name is showing up in arrears besides the business account I was told to ignore the debt collector's Lowell group. I wanted to ask should I ignore as advised or can I take some action which will get Lowell group of my case? I apologise if I've posted in the wrong section. I also have recorded both calls. Thanks in advance to any help and advice received I appreciate it.
  17. Hi guys I've not had to deal with anything like this so i just want to make sure nothing has changed. I received a Court Claim Form for what I'm guessing is a old catalogue debt. Claimant: Lowell Portfolio LTD The POC says: 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct 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 Claimant on 22/11/2012 and notice given to the Defendant. 4) Despite Repeated Requests for payment, the sum of £3,190.05 remains due and outstanding. And the Claimant claims a) The said sum of £3,190.05 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 c) Costs Are the steps at this stage still to make CCA Request and CPR 31.14 ? Thanks for any help given.
  18. Hi Hoping for some advice here. Held a BT account for a few years at a previous address. I left the address back in 09/2013 and notified BT to cancel the account via phone. I was a couple of months in arrears at the time and was told that a final bill would be sent. I never received anything after that, and to be fair (much to my stupidity), I didn't chase them. here we are a few years later I now have now Lowell chasing me for a total sum of £700+ at my current address. I have ignored them so far and they have offered discounts of up to 30% but now are moving onto the typical threatening tactics to pass onto solicitors for court action. Aware that I am unable to CCA request them since it's a telecoms contract I did an SAR to BT for info on the account. I have received the SAR back from BT but it is very scarce to say the least. I have an account statement and screen notes from their customer service system and thats it! There are no copies of any correspondence for any bills, final bills, demands, default notices or information regarding passing onto a DCA. Also there is no information regarding my contact to cancel the reason why the bill has gone so high is because they continued to bill me for nearly a year after it should of been cancelled! I estimate the final bill should of been around £250 Last payment on account 06/2013 Moved out 09/2013 BT terminated account 07/2014 DCA has registered default on credit file for 02/2015 Im considering 2 options here, just wanted to get peoples thoughts or perhaps an alternative approach? 1) Offer to settle with DCA at a discount on the basis that default date is changed to reflect when the account "should?" of put into default (i.e. change from 02/2015 to end of 2013) 2) Open dispute with BT stating that I don't have all the info in the SAR and state the account should of been closed back in 2013, offering them to pay the full balance at the time I moved. Would they consider purchasing back from the DCA in this case if I agree to settle with them? Would also send a letter to Lowell stating the account is in dispute with the original creditor so they cease any activity for a couple of months. Ultimately I would like to settle but have the default either removed or date changed to 2013. What do you all think? Sorry I know its a lot of blurb, appreciate any suggestions and happy to answer any questions Cheers
  19. Hi I'm a new user and would like some advice as to what to do with the the claim form Issue date from County Court Business Centre 27 Nov 2017 received through my door on the 29th Nov 2017 Particulars of Claim The Claimant's Claim is for the sum of £931.55 The Defendant entered into an agreement O2 (UK) Ltd under account reference xxxxxxx The Defendant failed to maintain the required payment and the service was terminated. The Agreement was later assigned to the Claimant on 28/03/2013 and notice given to the Defendant Despite repeated requests for payment, the sum of £862.55 remains due and outstanding. And the Claimant claims The said sum of £862.55 interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from the date of assignment of the agreement to the date of issue (28/03/2013) accruing at a daily rate of 0.189 but limited to one year, being £69.00 Plus Costs I ran my own business that went under thanks to woolworths owing mr £170k, a whole host of debts had been mounted up, I'm not sure of the exact date of the agreement with O2, I defaulted around Nov/Dec 2008. I went through a bad break up at this time, became depressed and swept everything under the carpet. I may have received letters from O2 but not sure. I went for the option that if i didn't acknowledge any letters then it would eventually become statute barred. I've never acknowledged any letters from Lowell's. And now this turns up on my door step!! I thought this would've come under statute barred Can anybody advise me what to do please? Many thanks irp
  20. Hi, I am knew here so I hope someone can assist. About a week ago I got a court claim (from Northampton) from Lowell Solicitors for a debt with Three mobile. Long story short, went through a nasty divorce, family mobile contract in my name, due to "hostilities" I stopped the contract, in the furore I forgot about it, thought ex had taken the contracts over. Lowell have sent the matter to court and was wondering what I should do next? I have sent in the acknowledgement of service and stated intend to defend in full, however would be grateful for some words of advice regarding what I should do next please. I have no income so this is a bit of a nightmare to me! Hope someone can advise. Thanks
  21. Hi My son has recently applied for a mortgage and has been turned down due to a default on his file which originally was Shop Direct which then defaulted and was sold to Lowell. The amount was £371 and was paid off in full to Lowell in Oct 2013. It is due to drop off his file in August 18. I am trying to help him get this removed because I have read somewhere that usually if debts like these are passed to Lowell they are in some way unenforceable by the legal route. Can anyone tell me who would I SAR so I can start digging to see if I can find anything and what would I look for? Cant find any old paperwork even relating to this account but I have some emails relating to Lowell. I have had dealings myself with Lowells and they are currently chasing me for an old debt with Provident and I was wondering if I cant help my son with getting the default removed by finding something untoward, then do you think I could use my debt as a bargaining tool to either remove the default from his file or transfer it to my name. I would rather it be on my file for the next 9 months than his. I know this is underhand but I dont think they are exactly saintly themselves. Can anyone help with this please. Thankyou
  22. ‪Hi Guys. ‬ I received a letter from county Court which say “notice of warrant of control”. Creditor : Lowell portfolio Ltd Re: Lowell financial limited To the debtor : “ You have not made payments under the judgement as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize your goods. Unless you pay the amount due in county Court by 24th November. Total to pay (including fees) on this warrant £ 170.25 Balance outstanding (after payment on this warrant) £ 572.57” The problem is I haven’t received any letters from court or Lowell. I have no idea what this debt was for? I am not always on this address as well. How can I stop this warrant,obtain further details about this debt and defend this claim ? Any advice will be welcomed. Thanks ����
  23. Good afternoon all, like to say big thanks for this forum reading through all the cases I have managed up until this point not to ask for advise..... I have been through letter receiving from Lowell, phones calls, sending CCA & CPR requests, creating my witness statement/defence etc (attached to this for background) I have my court date 21st November 7 Lowell have paid the allocation fee which I checked with the court today. This is for a debt with Aqua credit card around £1200 original debt. My question is....... .They have supplied my old credit card statements but I still haven't received the signed CCA agreement I have asked for or the default notice? Does that help me in court? They have even put on their defence they haven't got it but will continue to ask for it from the original creditors? Suppose what I am asking is without me receiving it then surely even if they did turn up with it at court then they can't enforce a CCJ? Could be wrong but wanted to gather some thoughts from other members? Anything else you need to know please let me know. Thanks
  24. Good afternoon! My husband has received the above two documents (I am hopefully attaching redacted scans to this post) and, as he's currently in hospital, I need to try and deal with them in his absence. I presume we should respond in some way, although I'm not totally convinced that this debt is his - he says he doesn't recall taking out a credit card with Home Retail Group. I certainly don't want to phone them or email them! It's clearly not statute-barred, as it dates from 2012. My hubby says that he can recall getting "some guff or other" (his words!) from Lowell in the past, but because he didn't know what they were talking about, he ignored it. Therefore, I haven't a hope of identifying what might have been received previously, or not. Your always excellent advice would be very much appreciated as to my next step. Scan Lowell 2.pdf Scan Lowell 1.pdf
  25. Hi I hope you are all doing well Can someone please assist me in ensuring I am proceeding correctly to defend the below Claim from Lowell Solicitors. The claim is probably about 10 years old.. possibly more. Its that old that I dont remember when it was taken out so I thought that would mean it was statute barred but I guess not judging by this.. I have logged onto MCOL and ack that I will defend in full. I will also send a 31:14 to lowell to Lowell Solicitors in the next few days. Lowell Portfolio LTD are listed as claimant though so would I also send them a CCA request? Thanks in Advance What is the claim for? 1. The defendant entered into a consumer credit act 1974 regulated agreement with Capital one under account reference 54xxxxxxxxxxxxxx (‘the agreement) 2. The defendant failed to maintain the required payments and a fault notice was served and not complied with. 3. The agreement was later assigned to the claimant on 31/06/2013 and notice given to the defendant. 4. Despite repeated requests for payment, the sum of £1569.25 remains due and outstanding and the claimant claims a) The sum of £1569.25 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 £0.328, but limited to one year, being £125.54 c) Costs What is the value of the claim?£1694.79 plus £105 court fees and £80 legal representative fee = £1879.79 Has the claimant included section 69 interest(8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Yes, within the total claim Is the claim for a current or credit/loan account or mobile phone account?Credit card When did you enter into the original agreement before or after 2007? 07/2003 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 has issued the claim- Lowell Solicitors Were you aware the account had been assigned? Not that I recall – Did you receive a Notice of Assignment?Unsure as this was a long time ago Did you receive a Default Notice from the original creditor? Unsure but CRA defaulted in 01/2008 Have you been receiving statutory notices headed “Notice of Default sums”at least once a year? I don’t recall Why did you cease payments: Lost my job - 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 ? I did in the beginning but couldn’t keep up with the payments
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