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  1. Someone has just personally delivered a Statutory Notice from a law firm acting for Lowell Portfolio, so I know I have 18 days from today. Not sure when that takes me to - is it working days or calendar days? The form states the original creditor is Equidebt who I am fairly sure I have never taken out any credit cards or loans with. So I think they bought the debt themselves. I don't recognise the actual amount stated (I have an old Experian report from June 2009) so I'm guessing there may be charges added on. The default date stated is 13 October 2008 and I don't recognise that either. I see from other cases that I should submit a form requesting details of the debt and copies of anything I might have signed. I presume I send that to the law firm, to Lowell and to Equidebt? I have addresses for the law firm and Lowell, but not for Equidebt although the paperwork does give and "original account number" from them. Do I contact anyone and say anything else in the meantime? I think I'm going to need step-by-step guidance here! Anyone up for it? I've looked round the site and read as much as I can. Sad to see this is a common problem and embarrassed to post this as a new thread but done so as everyone's case is slightly different and it's no good me following good advice for someone else if it is not relevant to me! Hope I've posted this in the right place.
  2. Hi all, hope I'm posting in the correct place? I need some help about an old debt with Barclays. I had just bee made redundant and explained this to Barclays at the time and asked the m not to put any more charges on my account as it was crippling me financially. They continued to add charges on to the tune of £530. Anyway I changed bank accounts and got myself sorted out again. I got a few letters demanding money from Barclays, but wrote back saying that I wasnt going to pay their unlawful charges and if they wanted their money they were going to have to take me to court. I heard nothing more untill.................................................... Several years later I had a letter from lowells demanding this money. I was getting several calls a day from them and despite blocking their calls they would use another number. Finally managed to get hold of them and gave them an ear bashing as I work nights and calls every 20 minutes in the day was continously waking me up. They have finally stopped calling thank god. However on checking my credit record today, which is 960, I have noticed that Lowells have added a default on this debt. Barclays had defaulted it on 25/06/2008 but now Lowells have put on a default on the same debt for 03/12/13. I dothey dont really understand about defaults but had thought that they drop of your file after 6 years. But surely if Lowells keep adding defaults this will stay on my file forever. Sorry for being long winded but can Lowells keep adding defaults?
  3. hi there I'm very relieved to find this website as now I don't feel alone My elderly parents have for the past 2 months been harassed by a company called LOWELLS phone calls - usually one at least per day, and letters - one per week they claim that my brother owes £12,000 in debt - but my brother does NOT, he doesn't have any loan etc and he left home over 7 years ago so why are they sending these letters and calling my parents? how do we get this to stop my poor father is dreadfully upset and he wants to know why this debt is at his address, etc he tells them time and time again my brother does not live there but they ignore him the letters are getting more threatening and I'm very worried my brother is abroad so I'm trying to help any advice please
  4. Hi, I took out a mobile phone contract in March 2007 with O2. They sent me the wrong handset - so I ordered a new phone online with new contract as this would arrive before a replacement handset. I sent the wrong handset back and told them I no longer wanted that particular contract with them, which is fine as they give you a 'grace period' where you can decide to cancel everything. I then continued to use the one phone I had, and the one contract I THOUGHT I had. In Summer 2007, while I was away, debt collectors began harassing my parents and threatening bailiff action. They called pretty much daily, sending my mother into complete worry. They refused to tell my parents what the debt was for and would only speak to me. I was working abroad and returned towards the end of August 2007. I experienced first hand the calls and threats daily. This was when I found out it was for O2. I said I did not owe O2 anything and that I paid my bills monthly etc. The debt collector on the other line scorned me completely, mocking me saying 'that is what they all say'!! I was not happy, and called O2 immediately. It materialized that O2 had NOT cancelled the contract that I had returned back in March 2007 and had been billing me continuously since then without my knowledge. I obviously had not been paying this, but had no bills or letters to say that I should have been. I described the situation, and O2 said they would ask the debt collectors to stop calling. They did not. There was a yo yo of calls back and forth: debt collectors - me, me- O2. The debt collectors would not stop until one day I spoke to someone at O2 and told them I was going to cancel the contract that I had been paying correctly all along because I wanted nothing more to do with O2 after such a terrible experience, and take legal action on them for harassment and bullying. The date of my last payment to them was 27th August 2007. I wrote to them, as well as calling explaining my decision, which was acknowledged and nothing more was said or heard from debt collectors or O2 again.. ..until NOW! A letter dated 31st July, from Lowells, arrived at my parents house, which I then received in October 2013, and proceeded to call them in October as soon as I read it to get them to explain this debt I apparently owed them. They are requesting more than £600 from a debt with O2. I explained that this was sorted out in 2007 and was a resolved issue. I explained the situation again with the best of my ability after nearly 7 years has passed and they contacted O2 to investigate. O2 are claiming that I never returned the handset, which I got proof of postage of at the time, but I am talking about something that happened nearly 7 years ago so now I have no idea where that little slip of paper is! I do not think I can prove I returned it, although O2 had plenty of opportunity to tell me about this handset when I was speaking to them every day over August 2007. They never mentioned this once. All they ever did was agree with me not owing them anything! Lowells are now telling me that I have no option than to pay what I owe unless I can prove I returned this handset back in March 2007. I really need advice on this issue. I am being bullied by a massive corporation (O2) and their heavy weights (Lowells). Please help.
  5. Hi everyone, I'm looking for some urgent guidance if anyone is able, I had a Statutory Demand delivered at around 7pm tonight by a man in a flannel tracksuit. When I asked who he was he said he had been asked to hand deliver a Statutory Demand on behalf of BW Legal. He said that he was a 'courier' though I pointed out he had no ID or uniform (he was basically a bloke off the street by the look of him). Not knowing what the envelope was i refused to take it. He then said that BWlegal told him if i couldn't/wouldn't take the envelope he should still just leave it on the floor inside the door, which he quickly did before i could close the door. To my mind this is not 'hand delivered' so in no way properly served but please correct me if I'm wrong. The envelope just had my name and 'private' scribbled on it, otherwise just a white envelope, no other markings at all, very nondescript. Inside were 6 pages all stapled together in one document which included: - 2 page letter dated 24th September 2013 10 days ago (outlining the SD and threatening a bankruptcy petition) - 4 page SD The SD is for a 2003 Lloyds credit Card Account that has been in dispute since April 2009. I sent in my CCA at the time, got no signed agreement back so sent an in dispute letter. Then a month later I received a 'we've found it now' letter with a copy of the signed agreement with a page of partial terms which did not include all the clauses referred to in the agreement. That being the case i left it thinking still in dispute and never SAR'd Lloyds. Thereafter Lloyds chased repeatedly over the last 3 years, engaged DCAs to chase and eventually sold the debt to Lowell in July this year. Since then I had 3 chase up letters from Lowell then this. I will scan and post the docs but can anyone help me with some burning questions: - I have 7-8 days left of the 18 I'm supposed to have and tomorrow is Friday, what is the first thing I should do immediately?? - not truly hand delivered = not legal service of documents?? - deliberate 10 day delay in delivery something I can use against them? - What is the prescribed format for a statutory demand? - Any usual arguments to set aside SDs? - Signed agreement with unrelated/incomplete terms = defence? - Can I change the 'Appropriate Court for Setting Aside Demand' if it is not my most local court? - Should I send any CCAs or SARs to Lloyds/Lowell/BWLegal? :?: Thanks everyone I hope you can help. Cheers, GF2k
  6. I have relatively no experience with dealing with these type of affairs so i would like to humbly ask those with more experience to check if I'm doing this correctly. I received a Statutory demand from BW legal, which was served personally by a woman who came to my door, explaining that she didnt know what was in the envelope that she gave me. It turned out to be a statutory demand. Following the advice on this forum, i went to my local court yesterday and submitted an application to have the demand set aside. I am now waiting for the court to contact me. In 2012, i submitted a CCA letter and a £1 to Westcot Credit services asking for all the documentation, they replied stating that the £1 be made payable to the creditor HBOS. I subsequently replied with another £1 made payable to HBOS. No reply was received so i sent a reminder. 2 months later i wrote again by recorded and sign for mail, this time stating a CCA non compliance letter. I heard nothing after that. This year in June 2013 it appears that Lowells Portfolio 1 and BW legal (who i think are the same company) have purchased the alleged debt from HBOS, which i believe is not allowed as the debt was in dispute? I have applied to the court to set aside the statutory demand and given copies of all the correspondence given to the original creditor HBOS and their DCA Westcot. Have i done everything right and is there anything else that i need to do? My apologies for coming across as a noob, but the truth is I am
  7. Hi guys, Lowell recently agreed a full and final settlement on an old mobile account, however they will not send a F&F letter only a "confirmation" after payment has been received. Not only that but in order to get the confirmation they want debit card details. I explained I will not hand over debit card details until I have the F&F letter, the operator banged about the confirmation - we went round in circles. At the end of the call (Yeah I know bad start Jack) the operator told me as there is no arrangement in place on the system they are unable to stop calls, text messages and threat o grams. Any advice on how I proceed will be much appreciated.
  8. I received a Statutory Demand last June for just under £3000 . I thought it was just another frightening tactic and stupidly ignored it. It relates to a Capitol One credit card debt from at least 2007, maybe earlier. I do have other creditors too amounting to a total of around £20,000, all from around the same period. I lost my job in 2004 and ended up using credit cards to survive. Its taken a while but this year I have managed to pay all my priority debts off including mortgage arrears. Just have these not priority debts to deal with! I did speak to a debt management Company after I received the SD and they told me not to worry as it was just probably only a threat as it would cost them more than the debt was worth to take it bankruptcy. They did send me a proposal for a debt management plan but I decided not to go ahead with it as they were wanting £150 a month (which isn't a problem ) out of which they would take the first two payments as an admin fee and charge £25 a month. I thought it a bit much taking money which could otherwise have been put towards paying the debts off. I have now received a letter from Land Registry Bankruptcy Unit, Enquiry 10A, which implies that papers have been submitted to court for a Bankruptcy petition. I have also spoken to National Debtline who weren't very helpful about the bankruptcy petition and didn't know what the enquiry B10a from land registry was. Postman has just delivered a package from National Debtline with loads of info that I'll have to have a read through! I phoned the court and they said a hearing date had been set for early January next year. I haven't had any papers served to me as yet (thought the package from National Debtline might have been them as it was in a large brown envelope!). At present i am working on a temp to perm basis, presently through an agency but have been giving a permanent start date of January 2013. I am also self employed but don't earn much through self employment as work reduced due to the recession. I have also lost out on self employment work due to switching the phone off because of the continued harassment from Hamptons (up to 20 calls a day) Average net income per month is around £1000. I work long hours (leave home at 5am get home at 5.30pm) and live alone so not been home when the man from Hamptons has tried to visit. Also means that I permanently tired and makes dealing with these types of issues more difficult. There is around £100,000 equity in my home so I really don't want to go bankrupt. I am 51 yrs old and will be able to start taking money from my pension fund in 4 years (original plan was to pay the creditors off with cash from my pension but the age was changed from 50 to 55 before you can start drawing a pension which stuffed me on that one). So not sure what to do now. I don't have any spare cash as it has all been used paying things off but was considering trying to get a loan to pay Hamptons off as its hassle I could just do without at the moment. At this stage would there be additional fees (court fees) on top of the original debt? Chances of getting a loan at a descent rate with my credit history are pretty remote I think though. Is it worth trying to negotiate a payment plan with Hamptons at this stage? Although I can afford a reasonable monthly payment, my worry is that they will demand an unreasonable amount that I don't have at the moment and will affect my ability to formulate a debt management plan with my other creditors. I haven't done a CCA or SARS request yet. Is it too late to do one? Can I get the petition withdrawn at this stage? Any suggestions for my best course of action?
  9. Afternoon all some help needed. I took a loan out in approximately 2000 I was injured at work and could not afford to pay my amount so after a while restons became involved and when I was back in work sent an attachment of earnings and I was paying about 100 a month direct from wages, I was then made redundant and did not hear anymore this was about 4 years ago. Today I recived a letter from HSBC saying they had sold my debt to lowells. How do I go from here I don't know what to do any help would be most helpful.
  10. A few days ago I received a letter from Lowells and T-Mobile saying that ownership of this debt has been sold to Lowells. The history: Had an account with T-Mobile many years ago. When I was working abroad I asked for roaming to be added and if the minutes I used would come out of my monthly allowance or would I have to pay. They said monthly allowance so I used the phone as if I would have in the UK. When I got my next bill I was a little shocked I spoke to them and they said that the T+Cs of my contract (which was initiated online through another company that sells mobile phones and contracts) stands and that I was liable for the full amount. I did not have enough to pay and I disagreed with their stance and thus we have been in a stand-off ever since. Lowells have been chasing me ever since and they have had an entry on my credit file since the default on 10/06/2008. About 12 months ago I did ask for an SAR on all the documentation purporting to the account which they provided although they said that there is no physically signed contract as it was initiated and the act of switching on the phone demonstrates my agreement with the Ts and Cs of the contract. What is wierd is that I did speak to them about 6 months ago and offer what I thought I owed (about £150) in full and final payment with the debt being satisfied in full. They initially agreed, then tried to say that they would partially satisfy the debt to which I replied that I was not content and that I would not budge from my offer. Things have been quiet since then until I recieved this today. Throughout this process they kept referring back to T-Mobile, but this letter states that the debt was sold in 2010. Although I have blanked the address block out, the QR code and the line code on both letters are exactly the same, which would suggest that they have been printed off the same computer system even though one is from T-Mobile and the other from Lowells.....wierd. Questions: - I note that the debt was sold in 2010 but I am only getting this letter now. Does that mean I am likely to see Lowells taking this further? - Or is this more sabre rattling? - Could Lowells be sending me letters purporting to be from T-Mobile? Is this illegal? It seems so if it is the case. I fully intend on letting this reach the 6 year point after which I will have it expunged from my credit record but as I am in the process of buying a house I do not want this to come and bite me on the bottom.
  11. Hello Crikey I need help with this one. Lowells filed for bankrupcty petition on LLoydsTSB bank account. Last I heard from LloydsTSB was in 2009 until Oct 5th when I was served this notice. I am not sure what to do now and would really appreciated some help with this. The date on the letter I recieved is Sept 20th 2013 and I was served 5th October. I have received no assignemnt of from Lloyds and its an overdraft which they increased without my consent whether verbal or otherwise. Please help me
  12. My stepson left home about 18 months ago. Since that time I have had numerous problems with various companies within the Lowell Group. I have sent all the standard letters out (many thanks to CAG) about telephone calls,doorstep callers etc. I have informed them on at least six occasions that my stepson does not live here. In July of this year I sent a very stiff letter to Ms De Tute about their failure to stop their harassment. The debt was nothing to do with me. I received no reply but the telephone calls stopped. This morning I received a call on what looks like a mobile phone number from Lowells. Basically I cannot print what I replied but one of the words was off! I have kept a record of phone calls letters etc and having Spoke to the I.C.O this morning I will be making a formal complaint. I also spoke to the Financial ombudsman who kept asking me for account/reference numbers which I could not supply. I have also tried to contact the OFT Is there any further action I could take because at the present time i feel I am going around in cycles.
  13. Hey all, my mother just received a letter from the Lowells group. It is requesting payment of a debt apparently owed to 02(UK). My mother has no recollection of this and it dates back to Aug 2007. Lowells say they have been sold the account by 02(UK) As my mother lives in Scotland,will this debt,if indeed hers, be statute barred? I believe in Scotland it is 5 years but I am unsure. I have looked in the forum here for a statute barred template but can't seem to find one, any help appreciated,thnx
  14. Well, I've had a few years off this lark, then out of the blue I get served (correctly, by hand) a SD. So here we go again. SD dated 15 Oct, served through BW Legal 18 Oct ... set aside needs to be handed in to court by 5/11 I phoned the helpful Cap One on 0115 843 3792, option 4, last payment received April 08 and there are default charges made up all of £12 charges totalling just under £300 excluding any interest. This amount is around 10% of the total claimed; the Cap One operator said that they are defending all £12 charges levied so no offer made. 19 Oct CCA request to Lowells, copy to BW Legal - 12+2 days takes us to today 2 Nov. 19 Oct SAR to Cap One Nottingham, address given by phone operator. I have read many of the threads on here on this subject, and have comlpleted Form 6.4 Set Aside and 6.5 Witness Statement. If the CCA request documentation doesn't arrive in the post today, Lowells are in breach of S77(6) and I will submit my application into court this afternoon. WRT 6.5 Witness Statement, I've taken 42man's excellent and often repeated suggested text and, as he requests on the individual threads, taken time to understand it and tidy it up a bit. If you don't mind, I'd like to paste below how I intend to submit this as it wouldn't all fit on the downloaded form 6.5 as it was. I'll copy this out in a separate post if that's OK.
  15. My husband has received a letter from Lowlifes today for an overdraft on an Abbey National account from (if memory serves me correctly) about 10 years ago. It tells us that the account (which was joint with me) was opened in 1998 and I know we didn't have the account when we moved 9 years ago. Hubby is invited to call them to discuss clearing this account (which I thought was very kind of them lol) and that they used his credit file to obtain his address. How should we respond? There is no way on Gods green earth that any movement has occurred on this account within the last 6 years but looking at other posts fear reprisals due to their aggressive tactics!
  16. hi recieved a letter some months ago from lowell about an old catalouge account i had from 2010 looking at my credit score lowells have defaulted me on this catalouge.so i sent them a cca request with the applicable 1 pounds admin fee.recieved a a office copy of the cca from lowells on saturday and a letter saying they look forward to proposals of repayment of £857 i have uploaded the cca they sent me.any advice on my next move would be greatly appreciated.thanks
  17. Hi There, I had my mobile phone stolen in 2007 and a £792 debt was ran up within 1 day and resulted in a default. (I thought I had simply lost my phone in my university dorm room) when it was in fact left in a taxi. Anyway, the debt was due to expire in 2013, however Lowells have taken over the debt this year and for some unknown reason the default has been transferred to them, and it says that I defaulted in 02/2012. Which of course is false nothing happened in 02/08/12. I presume that this debt will now be on record for a further six years from 02/08/2012... How have they done this and what can I do about it. Lowells continue to send letters threatening to give me a CCJ and have recently offered a discount of 50% on the debt to which I have ignored. Kind Regards
  18. Hi everyone, I could really do with getting some help. I've spent the best part of the last 24 hours reading various different threads on this forum about Statutory Demands and now my head is spinning, so thought it would be best to see if I could get some advise based on my exact situation. The SD was hand-delivered to my house yesterday. It relates to a loan that was apparantly held with HBOS PLC thatwasi took out about 7 years ago. The default date on the letter is January 2008 (apologies in advance as I left the document at home so don't have the exact dates but can get these later) but I am pretty confident that I would not have made a payment for about 6 months before the debt defaulted - I had my Daughter in March 2007, which is when my payment issues started. I don't have any paperwork relating to the inital debt and I have moved house 3 times since, if I ring HBOS would they be able to confirm information to me still or would I have to request this for through Lowells/BW Legal? I understand I need to contact Lowells to let them know that it's my intention to dispute their demand, what information do I need to put in there? Is it sufficient to say that I belive the last payment was made more than 6 years ago? Do I also need to send something to the court as well? Apologies if these questions have been asked on multiple occasions before, and thank you in advance for any help that you can provide me with.
  19. Hi, just joined as i have received a letter from Lowells regarding a Black Horse alleged debt. It was a £6K loan from 2006. I got into financial difficulty in 2007 and stopped paying. I sent a SAR to Black Horse in March and received some printouts with transactions and copies of letters detailing late payment charges and default letters. Last payment was back end of 2007, there is PPI on this loan as well. I CCA'd Lowells in March but never received anything back, so I sent them an account in dispute letter, which also was not replied to. What is the best thing to do next?
  20. I have paid off a debt firstly with Barclaycard and then a few years later Lowells got in touch and said there was an outstanding amount still, I (stupidly) agreed to pay this off as well, I did this over three months last year. If only I had known what I know now having read these forums I would have put up more of a fight. The account is satisfied, as per a letter from Lowells received today after I queried it, but is still showing as defaulting they say that as it has a defaulted history they cannot mark it as satisfied...is this true? If so why are some of my old overdraft debts marked as satisfied, with a date of default also on it as well. This is all on Experian which is the one that Lowells say they use. Also can I reclaim charges added to this account even though I have settled it? I don't mind if I can't put will attempt it if I can!! Thanks to all you beautiful CAGGERS! x
  21. The following happened before I found this site and learnt about my legal rights etc , so what I should or shouldn't have done is pretty much mute - as I now KNOW what I should have done - but feel free to chastise me! Lowells first wrote to me last August 23 at my current address regarding an outstanding overdraft/charges amount that they had bought from a bank. I knew it was mine as I had ignored them at previous addresses, but following my recovery from severe anxiety and depression, I wanted to start to rebuild my horrendous credit record. i contacted them towards the end of September, (couldn't fault them as far as how I was treated in respect of agreeing how much I was able to pay them per month). After a discussion with a friend about the bank charges, I put the account into dispute so that I could challenge the unfairness of the bank charges. Issued them a SAR and got everything I wanted. Before I could go through the charges etc, I was struck by another bout of depression, and so continued with the payments without any further challenge. (I know, I'm kicking myself too!) Fast forward to 2 weeks ago, and I'm fine, found this site, got my Credit Report, sent Moorcroft packing, put in a claim for £3000+ of PPI, and then started to fume about Lowells and my previous bank! The bank sold the debt to Lowells on 7th August 2012 Lowells first letter was dated 23rd August 2012(along with the bank's Letter of Introduction - which wasn't on true bank letterhead, but was obviously printed on an inkjet printer due to the bleeding and the fact that the QR code couldn't be read). I believe the debt should have become statute barred on the 25th August 2012 as the last date any money was paid into the account was 24th August 2006 - although the date of default on my Credit Report was 24th May 2007 (which is when the bank officially closed the account). Lo and behold, today, on checking my Credit Report, the bank's default has been removed, AND so has Lowells entry - this has put my score up to 969!!! Armed with what I now know, what are my options regarding Lowells?
  22. Originally a northern rock card it was transfered to co-op soon after taking it out. I requested the cca from them and this is what they sent. It didn't contain the required t&c's which came on a separate bundle of papers with a header that looks like it was taken from a website screen shot so i put the account in dispute in 2009 and it has been quiet until now. It was transfered\sold to lowells at the end of 2012. What should be my course of action?
  23. Hi, this is my situation. My wife received a letter from a DCA called ‘Lowell portfolio I’ claiming that a ‘debt’ from a motor insurance company (Budget) has been 'assigned' to them (Lowell). They state that my wife ‘owes' a sum just under £100.00. The background is that my wife had motor insurance with Budget, but her car was scrapped in Sept 2011. She notified Budget of this by post, and stated that she would maintain the policy up until it’s expiry in March, 2012. (As the fee for cancellation was nearly as much as the remaining balance). However, Budget rolled-over the direct debit, even though they had been explicitly told that she would not be renewing. (They have a habit of doing this, even doing it to my dead father!) She didn’t notice the payment leaving her account until early this year. She cancelled the DD and we wrote to Budget explaining this. We heard no more, until we got this letter from Lowell. My wife sent Lowell an email explaining the circumstances: Regarding your letter dated 10th July, your reference 130779036. There seems to be a misunderstanding on the part of Budget insurance. I have not owned a car for over two years, and my motor insurance policy was allowed to run to its natural term, when it was cancelled. I subsequently discovered that Budget continued to take payments from my bank account without my authority, so I cancelled the direct debit and notified them of this. I owe neither them nor you anything, indeed, they owe me money. I will not tolerate harassment or threats from you in this matter, and will immediately refer such to my solicitor. If I can be of any further assistance, please do not hesitate to contact me. As yet, they have not responded, but the letter from them, threatening to refer the matter to their recoveries business (Tocatto Ltd), has unnerved and upset her. Personally, I am always up for a fight with this type of organisation, but I hate to see my wife distressed. What should I do next? Any advice will be much appreciated. SG
  24. Hello everyone thank you in advance for reading. I have just had a call from the above company, they are saying i owe money to welcome. I have had loans from them ages ago but i thought they were all paid. They asked me to confirm my date of birth and post code but i said no cause i didn't know who they were, they said i have had my chance and they are gonna send door step collectors round. Now i guess at the moment there is nothing i can do but i am a bit worried about the threat. Thanks for any thoughts
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