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  1. At least I assume it's Lloyds Credit Card. Another vague Lowells/Carter claim issued 4 Nov. Assuming it is, this would probably have been issued pre 2007. The claimants claim is for the sum of £xxxx.xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds under account reference xxxxxxxxxxxxxxxx And assigned to the claimant on dd/mm/yy, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims xxxx.xx The claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 494.58 6 Nov CCA1974 S.78 formal request + £1 po sent to claimant (Lowells) 6 Nov CPR 31.14 request sent to claimants solicitor (Carter) 7 Nov Claim acknowledged on MCOL 11 Nov reply to CPR request from Carter, the usual refusing to supply any documentation under Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the PoC when they are issued by the Court. draft defence follows...
  2. Hi, I opened an account with JD Williams on 2nd April 2007. I fell into financial difficulty and couldn't continue making my payments. I know it sounds ridiculous but then I'm not quite sure if I was defaulted by them, when I got back on my feet I paid off the debt off with JD Williams which was £961 in Jan 2013. I looked at my credit file two weeks ago to find that Lowells had posted a default on 04/01/2011. I sent them an email requesting information about the account. To which they replied the account was closed with them on 21/01/2013 after my full and final payment to JD Williams. I then asked them that as JD Williams accepted my full and final payment, did this mean that the debt had not been sold to themselves? They then responded saying that I had made the payment to JD Williams prior to them sending a notice of assignment, and that because they were the legal owners that JD Williams had transferred the payment to them? Does this sound right? The default date is 01/2011 and yet I made the full payment in 01/2013 apparently before they had chance to send a notice of assignment? Also the debt was pre 07/04/2007 and so probably unenforceable? Can someone please help me with where I go fromhere to get the default removed? Many Thanks
  3. A bit of a mixture here,Lowells,divorce and HFC bank. It is the first article that is of interest,as Lowells are acting as the DCA. Tony Hetherington is Financial Mail on Sunday's ace investigator, fighting readers corners, revealing the truth that lies behind closed doors and winning victories for those who have been left out-of-pocket. Find out how to contact him below. G.O.H. writes: In 1999 I got divorced. As part of the financial settlement, I was to pay £3,000 to HFC Bank and my wife would take over responsibility for our overdraft with the same bank. In 2011, a debt collector said my wife had defaulted, and he wanted me to clear the overdraft. I sent copies of the court papers from the divorce, and the demand was dropped. Now a different debt collector has contacted me about the same overdraft. Read more: http://www.thisismoney.co.uk/money/experts/article-3025567/TONY-HETHERINGTON-divorce-order-s-not-worth-paper-s-written-on.html#ixzz3WONQ7iWR Regards,John.
  4. Hi Could i have some advice please. I registered with Noddle to check out my financial history, on doing so it notified a host of people that i apparently owed money to. A couple i knew about and they were on my financial history account so arranged to pay them off. I then received a CCJ from BW Legal - it was an account on my financial history so agreed to pay it, although i disputed the fact that i never received a default notice etc. Then the letters from Lowells started. Debts i know i didnt have. I have asked for proof of the debts - which i;ve been waiting weeks for and havent received them. I did receive a letter today from a service customs relations officer from Lowells stating that they are still waiting for information regarding my queries and complaints. help please.....
  5. Hi! i have been away last couple of months from home and in that time i have recieved 3 letter from lowells of a debt that was apparently in 2005, the last letter havin been sent on 9th march. its has suddenly popped up from nowhere. I can confirm that in that time i have had no dealings, phone calls or letters regarding this debt and i am pretty sure it is statue barred. In this last letter they have stated that if i continue to ignore they might take legal actions in court. I am uncertain on how to go about the steps in responding to them. Currently i have not responded or taken action until i am absolutely certain on what to do or how to send them a letter. Could anyone advise me please?
  6. hi, I have an old account currently with loweel. I have disputed this through the CRA's (equifax) as statute barred. I even sent a letter from the original creditor which stated the account was from 2002, after i sent them a S.A.R and they came back with nothing. I have not contacted lowell as i do not want to acknowledge any debt and reset any SB clock. I am in Northern Ireland currently. I have google searched lowlels in northern ireland and come back with nothing. We have a different legal system in NI, and only NI solicitors can legally operate in northern Ireland. Have Lowel ever used the NI courts does anybody know? Should i risk challenging them , and risk resttting the SB clock? Or leave it as no one is chasing me currently? Thanks.
  7. I received a strange email supposedly from Lowells with a Zip file attached, asking me to open the document, here are the brief details - (the document in the zip file was a screen saver...haven't opened it up). Weird or what? As far as I know anything they have is likely to be nigh on statute barred - if not already well statute barred - and the last run in with them was over a PDL which had been repaid...they did back off then (I still have their confirmation that they won't chase). Here is a snippet from the header of the email... I have the original if somebody wants to check it out. From - Thu Dec 04 19:54:31 2014 X-Account-Key: account1 X-UIDL: ALRhUtQAAAKFVICOmQfzKJcieJI X-Mozilla-Status: 0001 X-Mozilla-Status2: 00000000 X-Mozilla-Keys: X-Apparently-To:(me at my normal email); Thu, 04 Dec 2014 16:40:57 +0000 Received-SPF: none (domain of lowellgroup.co.uk does not designate permitted sender hosts) X-YMailISG: 6vlMSrYWLDsUXiRKKrtq5wxaZLx0B6p6_GwdUqEimSYS195Y
  8. Lowell sent a letter to say they had bought a debt in November 2008 (hubby's). He said he had never written to them or paid anything so we sent the statute barred letter. However they have now replied with this.. ..what do we do now please? - he says he definitely hasn't paid anything to any doorstep collection company....
  9. Hi I need someone with the expertise for help. I had an account with Littlewoods everything was fine but due to my partner and myself in and out of work I found it difficult to keep up with the repayments. Littlewoods then passed it onto Lowells and being new to all this I agreed to make payments to Lowells but I cannot and did not keep up with their demands. Today I have received a LETTER OF CLAIM from bwlegal demanding I pay £180.00 by 15.1.15, if I don't then they intend to issue a claim against me in the County Court. I have every intention of paying this debt but cannot afford what they are demanding. Can someone please help me and advise my next step- I am at my wits end.
  10. I've been issued with court papers from an old debt from Three/lowells/BW Legal Is there a secure/private part of the forum I can ask questions and get help with writing my defence?
  11. dear all my lodger was evicted from her mother's home approximately two years ago October time. She left with very little. She's just received a letter from CapQuest saying that they've bought a debt from Next for nearly £2k for non-payment. She did have an account with Next (and had a storecard) but did not have the card with her when she left her mother's home. It can only be presumed that her mother has run up debts in daughter's name. The letter is addressed correctly to this address. She has never had any form of correspondence from Next saying that she owes them money or what has been ordered. I am presuming that the goods, when delivered to wherever from Next were signed for and that Next have details of this signature, the goods ordered and what they were. We've emailed the CAB for advice and will contact (is this wise???) Capquest in the morning stating what (that we're taking legal advice???). Capquest say they want payment in full by the 13th of November or else they'll take legal action and/or send in baliffs. Now, regarding the baliffs - the property she lodges in is owned my me. Bar her personal possessions (clothes etc) everything else is owned my me - the furniture in her room, her bedding etc.. am I right in presuming that the baliffs can't take any of that? I have read that baliffs can't enter the property unless by 'peaceful entry' (i.e. through an unlocked door or open window - actually if they do that and my dog bites them then what???). . How does this affect my credit rating (which is exceptionally good I may add) Any advice would be greatly appreciated. She (lodger) is obviously a little shocked that her mother could do this to her. Thanks Thanks
  12. Hi, I have a debt with Lloyds, due to a personal loan when I was employed by them. Of course there was PPI on there, as an employee it was required of me in order to get the loan. long story short, I had to resign from my job with them due to moving hundreds of miles into a womens refuge to escape domestic violence. They refused my ppi claim as I had resigned and wouldn't help me transfer my job to another branch. I tried to get them to agree to reduced payments, while I got sorted; again refused. As I had so much else going on, they really were the least of my worries and I ignored them. Right or wrong, I know better now and wouldn't dream of doing it again. The debt became statute barred in October 13, I've found this out through the CAB. I've been getting letters from Lowells, but having read advice on here, ignored them. My credit file was clean, the default had dropped off. I was accepted for a 'proper' bank account, and had to pass a credit check for my current job so I know it was fine. Now all of a sudden, Lowells have placed defaults on my credit file for every month from October 13, which is when I'm assuming they bought the debt. They're saying last payment was made 2009, it wasn't, it was June 2007. I obviously can't ignore them any longer, they're also threatening to take me to court, bless their cotton socks. What do I do now please? Thanks in advance!
  13. Claimant: Lowell Portfolio I Ltd Date of issue: 12th June 2014 What is the claim for – This Claim is for £1100 the amount due under an agreement between the original creditor and the Defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio Ltd on XX/07/2013 and notice served pursuant to the law of property act 1925 Particulars Re: Lloyds A/C No xxxxxxxxx And the claimant claims £1100 The Claimant also claims interest pursuant to S69 county court Act 1984 from XX/07/2013 to date at 8% per annum amounting to £81 What is the value of the claim? £1300 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? Claimant has included it in the total claim Is the claim for a current or credit/loan account or mobile phone account? Current Account When did you enter into the original agreement before or after 2007? Before 2007 (2005) 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? I've received a letter from Lloyds giving me a notice of assignement of the debt to Lowell Portfolio. It has a date of 24/06/2013 and the letter ittself has been dated as a 10th July 2013 Did you receive a Default Notice from the original creditor? Not aware of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware of Why did you cease payments:- The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for. Also Lloyds "upgraded" my free current account into the "select" account without my knowledge or request. This implied a monthly charge of £3.50 rising to £7 after 3 months (as far as I'm correct) Was there a dispute with the original creditor that remains unresolved? Yes, I disputed the alleged debt but they did not resolve it. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I wrote to them about Financial Hardship but they rejected to refund the charges. FURTHER INFO Thanks in advance for any help. I need to file my Defence by Sunday 1st June 2014, it is a very similar issue as one of the previous forum member but I'll give a brief outline to the claim, I believe it is statue barred but obviously I'm a total amateur The Original alleged debt was with Lloyds TSB for a Current BANK ACCOUNT, debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 3rd Septemeber 2007, after that I didn't use the account, but Lloyds TSB kept applying Account Charges, interest and finally the account was closed/passed to debt recovery. On 12th June 2014 Bryan Carter wrote to me and stated they have issued a claim and we should receive it in 48 hours!!! In fact I had a letter from the Court dated 12th of June as well Any help and advice would be highly appreciated, my deadline is 1st July 2014, not a lot but we just came back from a holiday to have this rather depressing surprise. Am I correct in thinking that my next steps should be to send a CPR31.14 to the Bryan Carter Solicitors? Also, should I fill the "Acknowledgement of service" now? Sorry about the basic questions but I'm a bit lost, this is the first time (and hope the last one) I'm involved in something like this. I'm also attaching a checkmyfile credit reference file, one picture shows original Lloyds TSB entry and the next one shows after the debt has been purchased by a Lowell. I'm not sure if it should be showing as a 2 separate entries though. Kind regards
  14. Hi, this is my first time using this site, I have read lots about it, and am impressed with peoples reviews and advice, My problem is this... In late 2009 or very early 2010 I stood guarantor for my grandson with Vodafone, I cannot remember if it was for 12 or 18 months contract, a when the contract was up I notified Vodafone I did not wish to stand guarantor any more and assumed they accepted this, I never heard from them at all. on feb.21st 2014 I received a letter from Byran Carter solicitors acting on behalf of Fredericksons ltd. demanding I pay them £614.30, I do not accept that I owe this money so I ignored it. I moved from that address in February 2014, on September 8th. 2014 I received another letter from Lowells demanding £514.30 to my new address, I applied online for car insurance and home insurance which I paid with a debit card in full. I was amazed how they got my new address, I can only assume through someone like Experian, but surely they are not allowed to divulge that sort of information!!! I again ignored the letter, low and behold another letter to my new address on sept.22nd. 2014 again demanding £514.30, saying if I did not pay, they would send to specialist dept. RED debt collection agency. Both letters have an account number they say from Vodafone, the same account number was on the B.Carter letter which was from Frederickson, the 2 Sept. letters from Lowells, would really appreciate some advice, as I am 64 years old and do not need this hassle!!!! many thanks Sandra
  15. Have there been any recent changes in what cca request we send ie Credit card cca and loan cca? Mr W
  16. 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 ?
  17. Hi this is for an old Shoe Tailor account from Dec 2004. I've checked my credit record and it's showing Lowells default date 4 January 2012. I have had no letter of intent from the Solicitors? I have made payments to this debt so pretty sure it is not statute barred. It has been to lots of different DCAs. I have now entered into a Debt Management Plan and Lowell have more than one account with me and do know this. I had passed accounts to Stepchange, which i informed all creditors of. Having checked my email I only put reference for the other account i have with them in the email i sent them notifying them of my move to Stepchange. I believe I last paid this account on the 23rd December 2014. The particulars of the claim are: The claim is for 3352.20 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods. The debt was assigned to/purchased by Lowell Portfolio Ltd on 20/12/2012 and notice served pursuant to the law of property act 1925. re: JD Williams account. What do I do now? As its a catalogue I'm guessing they wont have nor need a signed agreement? Also I can only see 12 months of my record on my credit file but believe this debt has become more than double the original value i had with Williams originally as although i was making payments they charged me more than my payments.
  18. 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
  19. Hi all looking for advice a previous credit card debt has now been passed onto lowells who sent a letter asking me to phone. I didnt phone i sent the cca letter requesting my cca with a £1 postal order. I received a reply yesterday saying my account with them has been put on hold because they are trying to get the original cca from barclaycard. This is for a credit card i took out in 2004 and was paying up until 2009 but hit hard times. i have not paid anything since then and was wondering what the next course of action is please? on my credit file it says barclaycard settled my account then lowells took it over/bought it?? any help would be much appreciated thanks ☺
  20. I have a debt with provident which is now some two years old, I have arthritis and chrones disease and am unable to work let alone leave the house very often. due to events 2000 my husband now suffers with severe PTSD he has just been diagnosed with arthritis and COPD, he has been told that the extent of his trauma and facts that arose from from counselling ( childhood abuse) that he is totaly unable to work or be in regular contact with people whom he does not know. A debt collector called regular and took a small amount each time for the debt which stopped after a while. Since the government crackdown on benefits by the government our income has decreased significantly and we are now having to pay 25% of our Council Tax, this leaves us absolutely no money to spare, we cut of the gas ourselves and eat once a day. I have now had a letter from Provident stating that they have sold the loan to Lowells who say we now owe them the debt and are demanding payment, what can I do I just dont have any money to give them?
  21. ive just recevied a claim form from lowells for an old debt that is showing as default in 2009 ive got no means to pay the amount requested as im already struggling to pay my bills and am three months behind with my mortgage please help where do i start?
  22. Dear All New to this site and have been reading through today. Thankyou in advance for any help you can give me with this issue. I had an HSBC current account dating back to 1994 when I was a teenager. Later when I was a university student they gave me an overdraft with limit £1000 in approx 2001. After losing my job in October 2008 I no longer had an income to put into the account. interest charges took me over the limit and HSBC then put on excess charges for being over the limit and additional charges every time they added more interest taking me further above the limit. After a few months after informing them of my situation they subsequently took the decision to convert the overdraft into a loan. I could not make the loan payments (I'm not 100% if I paid the first one or not) and the account went into default. Either just before the default or maybe a month or so after I sent out letters to all my creditors with offer of a token payment of £1. Although I'm not 100% because of the length of time passed I am assuming I would have written to HSBC who were the second biggest creditor. Again I may have also made the first token payment but unsure if I did. I don't have a record of the default notice from HSBC in my paperwork and do not remember if I received one. In fact the only paperwork I have on this account is a DCA chaser letter from a company called Direct Legal and Collections. For the next year or two I received various chaser letters from Direct Legal and Collections. All of which I binned. Having checked my Experian two years ago I saw an entry for the debt default logged by Lowell Portfolio. This was along with a default logged by HSBC for the same amount with defaults 5 days apart. Both in may 2009. Agreement start dates also differed (HSBC 2008 Lowell 1994). The account number/details also differed. HSBC default was for the new loan account whereas Lowell claim is under the original current account number (although they refer to it as a loan on Equifax/Experian). I also do not have in my records a letter of assignment of the debt to Lowell. Earlier this year I queried the double entry with Experian who contacted HSBC and they removed their record. I have had no other letters about this account for a number of years. Account number on the Lowell record and on the DLC letters differ. A letter has been sent to my mothers address (my original address but I did update HSBC with my change of address in 2009) from Bryan Carter Solicitors who have been instructed by Fredrikson International to commence legal proceedings unless payment is made within 14 days. What would now be the next step?
  23. Name of Claimant: Lowell Portfolio 1 Ltd re Lowell Finance Ltd Documents and payments send to: Bryan Carter Solicitors. Date of Issue: 23 May 2014 What is claim for: This claim is for 800 the amount due under an agreement between the original creditor and the defendant to provide finance and /or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio on XX 07 2013 and notice served pursuant to the law of property act 1925. Particulars Lloyds A/C No xxxxxxxxxxx And the claimant claims 800. The claimant also claims interest pursuant to county court act 1964 from XX 07 2013 to date at 8% per annum amounting to 50. Value of claim: Total £980 Claim is for a defaulted current bank account/overdraft. Unsure when entered into original agreement (See below) overdaft occured in 2007 so possibly original account pre 2007. Claim is issued by the debt purchaser. Unsure if a notice of assignation issued. (See below) Original creditor sent default notice early 2008. Unsure if Notice of default sums issued yearly. (See below) Payments ceased because unable to pay the £20 a day bank charges which then became £40 a day. The bank were telephoned to state unable to afford bank charges. No acceptable resolution could be reached. All further contact has been ignored. Further info I'm posting this to try and help the son of a friend. As such I don't have the full details but have looked through a pile of paperwork they kept. I think a fair bit has been thrown away. The debt was originally around £100 of unauthorised overdaft with Lloyds in 2007. Lloyds started adding bank charges including a £20 a day charge, which at one point i'm told doubled to £40 a day. After an unsuccesful conversation with Lloyds the youngster abandoned the account and ignored further communications, which went on to come from debt collection agencies and finally Lowells who have now issued a claim through the courts via Bryan Carter Solicitors. I would like to help him defend the claim rather than see him offer no defence and get rubber stamped a CCJ. Two things strike me... 1) This debt arises from bank charges that were ultimately ruled unfair I believe. There was a time when these could have been reclaimed, sadly he didn't do that. So can these charges now be enforceable? 2) It's over six years since any payments/debt acknowledged and I'm fairly certain the default notice is over 6 years old, the last payments certainly were (I can check the date as they have the notice). So i think this debt should be statute barred. Any advice on the best way to proceed would be appreciated. I'm thinking we need to get them to prove they have the appropriate proof of the debt in place and that it's not statute barred but no idea how to go about that. Also the claim is from the County Court Business Centre in Northampton. This is no where near us and not his local court. Should this be transferred to his local court? And if so how is that done. Thanks in advance!
  24. just like to thank all who post on this site ,dont post much myself but do read and learn and thanks to this have just had £4000 debt wiped out by lowells, had hfc debt sold on to lowells who chased me for two years bombarded me with phone calls and letters never produced any documents or paperwork i ask for today got a letter stating that they had wiped the debt off and would no longer be pursuing it, so to all those still figting dont give in and i found all my answers on this site big thang you to the many good people who post
  25. mitsi59

    MBNA/Lowells

    hi lovely people i sent a CCa request on 21/04/14 to Lowells for MBNA old debt from 2005, i have been paying token payments since 2005. i havent had a reply back to CCA request and have recieved a letter from Hamptons legal re-payment options. i have suspended payments since, but while going through the paperwork, i have noticed the a/c number on all their correspondence over the years does not match the account number in question. should i querry this with them?
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