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  1. I received a County Court summons 17 October 18, for a debt from BoS credit card the particulars of claim are as follows 1.The Defendant entered into an agreement for a Bank of Scotland (Credit card) under ref XXXX XXXX XXXX XXXX. 2.The defendant failed to maintain the required payments and the service was terminated. 3. The agreement was later assigned to the Claimant on 24/11/2016 by BoS PLC and notice given to the defendant. 4.Despite repeated requests for payment, the sum of £3400 remains due and outstanding And the claimant claims The said sum of £3400 and costs. After i received this I sent a section 77 79 request for my credit agreement dated 29th October 2018 , which I have not received, I only received an acknowledgement and nothing else. On the same day I also sent a cpr 31.14 letter to them as well. I notified the court of my intention to defend the case. I filed my defence on 8/11/18 I have since received an offer of mediation which i refused. The court has now notified me on the 14th February 2019, that the case will be heard in court in August 2019 It says that 1.Unless the claimant does by 4:00pm on the day of 16th July 2019 pay to the court the trial fee of £355 or file a properly completed application for help with fees, then the claim will be struck out with effect from 16th July 2019 without further order and , unless the court orders otherwise, you will be liable for the costs which the defendant has incurred. what should I do now, wait to see if they pay the trial costs on 16th July? Then start preparing my defence. Or should I be doing anything else. They havent even sent me the credit file or credit agreement, or responded to my cpr request. Not sure what to do, I cannot remember when the credit card was originally taken out, a nd there is no dates on any of the forms saying when it was taken out, just that it was assigned to Lowell in 2016. What is the best course of action?
  2. Firstly I have been reading through your site and must congratulate you on a wonderful service and website. If only I had put my thinking cap on earlier and paid more attention! This is a big one and I have followed your advice so far... here go's.... I had loads of debt in 2006 when my company went into a CVA, I have kept a lot of the information and letter replies including an experian report dated may 09. I had numerous debts up to about 100k, with a remortgage I paid around half and tried and have succeeded in removing another 25k to date. Lowell then wrote to me saying I had a debt of £16k with barclaycard, I am being honest in this forum to hopefully get the best advice I did have a barclays select account which was owed around 15K and one small barclaycard for around 1k , I also had two MBNA cards, 2 Capital One's, blah blah you hopefully get the picture I did speak to them and said that I thought they had it wrong and that they were chasing the barclays select account which I had paid off with my remortgage, in-fact most cards were cleared at this time, they were however also chasing a small debt for capital one £678.00 of which I didn't clear - naughty I know Every three days or so I had a call and gave them the same response, asking for original proof, the last payment to barclaycard that I can find on any statement is in Dec 04 - I believe this is for a barclaycard which i'm sure didn't have a big limit. Lowell's keep moving the debt between all their companies - Red, Lowell's, Hampton's etc for about a year. I gave them the same response and they say they will put the account on hold and look into things - they then move it to another collector in their group. Good news I hear nothing for a year or two then in 2009 they are back in contact and a little more upset. Again I tell them the story, they have tried to catch me a couple of times as I have this other account with them, which also floats between all their companies. In may 09 I decided to get a credit report via Experian to try and clarify things, I have kept this report as well, I notice Lowell's have their £678 debt listed but the Barclays listings are as follows: Barclays Bank Default Barclays Bank PLC Woolwich Account - Bank Default Balance - £14,964 Current - Satisfied Defaulted on - 16/05/07 Barclays Bank Default Barclays Bank PLC Woolwich Account - Bank Default Balance - £2,530 Current - £1,437 Defaulted on - 13/02/07 Barclays Bank Default Barclays Bank PLC Woolwich Account - current Default Balance - £2,890 Current - Settled Defaulted on - 27/06/07 Barclaycard Credit Card - Satisfactory £0 10//05/09 Entry number C15 Barclaycard Account - Credit Card / Store Card Started 23/01/1997 Current Balance - £0 Credit Limit - £1 Credit Limit History - £1,000 (12/08; File updated for the period to; 10/05 2009 Summary of payment history - in the last 36 months account activity 1-2 is 0 - 3+ is 0 Balance £0 £0 £0 £0 etc etc Payment Account as above Payment statement as above Cash Advance 0000000 Payment code .. .. .. .. etc Promotional Rate n n n n n etc I wont bore you with the other bits I sent a letter to the effect as above saying what did I owe, I then heard nothing I got two different reports yesterday including Equifax - This stills shows the £678 opps, it now shows that I have cleared a lot of my debts and more importantly the Barclays accounts are all still on there apart from the Barclaycard that they are chasing?? I had thought this had gone away, no excuses now but again into huge problems again with the business, some massive legal actiion against close finance (bless them) which I lost for the tune of £35k Ready for the huge mistake... I didn't like the letters from Lowell's so I left them to last to pay up, I had a recent telephone call about the £678 amount which I did really owe and agreed £10 a month, I finally got fed up with them insisting on raising the amount so only paid a few payments. Started having letters again about Barclaycard, I was advised to just ignore it, which I did, then had some really nasty letters from Hampton's a few months ago threatening to send people to the house and bankruptcy, insolvency, and the latest saying they know we have equity in the house, therefore they will get judgement and charging order and sell the house to get paid in full - also send we should contact the local housing association to discuss alternative housing - this really panicked the wife as we have children, one on disability. It seems I accidentally paid a few payments on this Barclays account as they moved the other one elsewhere ((((( - we're talking about 50.00 paid and I did ring them after cancelling saying that they had put payments to the wrong account - which was 50% my fault for not checking their account codes. I could have easily walked away from my debts but have worked hard to clear them ( if owed ), having cleared 75% and gone through a company CVA many of our files which were kept at work have vanished, I do have around 75 letters from all companies and a few that I wrote to them. Having looked at your site and the OFT report it seems they have broken nearly every code in the collection guide! They have started legal action and I told them by phone that I was recording the conversation and that I disputed the debt, and always have, I reminded them that the payments were incorrectly put against the wrong account, I also asked for the following : A true copy of the assignment* A true copy of the default notice* A true copy of the termination notice* I have got a claim form from the Northampton CCBC court and have today sent a AOS and sent online, here is the claim they are making: The defendant entered into an agreement with the assignor, regulated by the consumer credit act 1974. The defendant failed to comply with the terms and the agreement was terminated in accordance with the statutory notice of default. The benefits of the agreement were assigned to the claimant. Debt assigned on 21/05/08 by Barclaycard. The Claimant claims: 1. 16841.62 2. Statutory interest pursuant to section 69 of the county courts act ( 1984 ) at the rate of 8% per annum from 21/05/08 to 20/10/11 4595.69 and thereafter at a daily rate of 3.69 to date of the judgement or sooner payment. Agreement xxxxx ; 21/05/08 ( my agreement with them? ) Claimed £21,437.31 Court Fees £310.00 TOTAL £21747.31 I did have debts, A lot! Due to our paperwork and no help from barclays or lowell's, I have no idea if this is right, honestly if I thought I did have the debt then I would go after them for harassment, I really don't remember, I did have a Barclaycard and did pay it off, If I can remember rightly.... also the credit file makes sense listing it as paid and a limit of £1000. Really sorry to hit the CAG with such a biggy on my first post, will send some pennies and hugs and even a happy bonus if you can finally help me out of this nightmare I hope all is included... The deadline for the AOS was today and this has been done, so I have 14 days but want to jump sooner rather then later (jump onto getting this sorted out, not cliff Dave
  3. Hi, Making a fairly desperate request for help as now find myself at a loss as the way (best way) to proceed. I have received a claim form for a CCJ out of Northampton County Court by Bryan Carter Solicitors and am now at a complete loss as how to proceed with a defence. The claimant is Lowell Portofolio Date of Issue was 8 July and I acknowledged on the 22 July with intention to defend in full and this was received on 23 July so I believe have until 9 August to submit my defence (33 days after the date of issue)? The Particulars of the claim are: This claim is for 4790. The Amount due under an agreement between the original creditor and the defendant to provide finance &/ or service &/ or goods. This debt was assigned to / purchased by Lowell Portfolio on 06/01/2012 and noticed served pursuant to the law of property act 1925. Particulars: HSBC Bank PLC Acc no ******/88888888 And the claimant claims 4900 The claim also claim interest pursuant to S69 county court act 1984 from 06/01/2012 to date at 8% per annum amounting to 975 (Including court fee and solicitors costs it comes to total of 6400) I believe the claim is for an overdraft/current account Account was assigned and the debt purchaser has issued the claim. I did not receive the notice of assignment as I moved out of my old flat on 31 May 2012 the day before the debt was assigned, then moved to a friends house for 2 weeks before going on to another flat which was to going to be another short term let but ended up staying there for 6 months but did not register that address as it was always going to be a short term stay as landlord was selling the flat (but took them longer than they thought). I have no idea if I received a default notice. But I have not received statuary notice of default sums at least once a year. I ceased payments as I was unemployed and in a lot of financial trouble and was considering declaring bankruptcy but instead opened a safe bank account in 2008 - (I'm not sure of the exact date so do not know exactly when in 2008 I stopped using my HSBC account). I didn't communcate financial problems to the original creditor and didn't make any attempt to enter in a debt management plan instead opened the safe account whilst I found out what my options were re bankruptcy. I sent a CPR31.14 request after acknowledging the claim to Bryan Carter and received what I believe is there standard issue reply stating that it is a simple contractual matter and that in any event the Notices of default and assignment left the control of the claimant when they were dispatched to you - and asking me to refer to my own records and that they are not agreeable to to an extension in filing the defence. But now I am unsure how to proceed with my own defence - I am not sure exactly what the debt is for as my overdraft I think was 1000-1500 and so am uncertain how this has risen to 4900 and whether this includes any other HSBC debt such as credit card? (I had a HSBC credit card I had stopped using by 2008). I'm not sure whether to use what people seem to refer to as an embarrassed defence? Or I'm not sure whether the debt is statute barred as I'm not sure exactly when in 2008 I stopped using the account and from reading the forums it seems to be complex as to when the date starts for a current account to be considered statute barred. Any advice of options of how to proceed would be gratefully received as obviously the time to submit my claim is rapidly approaching, depression is kicking in and I'm very confused as to what the best step to take next is. Many thanks in advance if you have any advice or suggestions
  4. Hello everyone. I am helping my partner defend a recent claim received from Bryan Carter on behalf of Lowell. There were some outstanding debts on my partner’s credit file upon our return from living abroad for the past six years (winter 2008 to winter 2014) but all default dates were shown between March and May 2009 and have since dropped off as they were over six years old. Since receiving the claim and prior to finding this excellent forum the claim was acknowledged I posted an edited template found on another site to Bryan Cater stating the debt is statute barred and encouraging them to discontinue the claim. A reply to this letter has been received alleging a payment of £1 was made to the account in July 2010. Today after researching on the forum a CCA request has been sent to Lowell and a CPR 31.14 request to Bryan Carter. I appreciate any help in dealing with this phantom payment and submitting an adequately worded defence. Name of the Claimant? LOWELL PORTFOLIO I LTD Date of issue? 27 AUG 2015 What is the claim for? 1.THE CLAIMANTS CLAIM IS FOR THE SUM OF 671–, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND CAPITAL ONE UNDER ACCOUNT REFERENCE — AND ASSIGNED TO THE CLAIMANT ON 06/10/2009, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 2.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 671– 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 53– What is the value of the claim? 855– Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Unsure, but probably 2008 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. purchaser Were you aware the account had been assigned — did you receive a Notice of Assignment? No. Had been living abroad between 2008 and 2014. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No. Why did you cease payments? Financial hard ship. What was the date of your last payment? Unsure, it is possible no payment was ever made. 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.
  5. Today (sat 14th Sept) i received 2 letters... One from Bryan Carter Solicitors dated the 10th September saying that i have failed to make payments on an account and that i will receive a claim form in the next 48 hours from the court! The second letter, the claim form from the court dated the 10th September as well!!!! To my knowledge this is the first letter i have had from this company and it has shocked me considerably. Claiment: Lowel Portfolio Ltd Date Of Issue : 10 September 2014 Claim: The claimants claim is for the sum of 8320 being for monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and welcome finance under account reference 1****** and assigned to the claimant on 05/09/2012 notice 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 The claim includes statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum (a daily rate of 1.82) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to 78.39 The total amount of the claim including court fees, solicitor's cost comes to 8906 The original loan was for car finance. I am uncertain of the actual date the original finance was started as all the original paperwork was destroyed in a fire some years ago (but i believe it was around 2003) In 2005 after making regular payments i started struggling with making the full payments and contacted welcome finance numerous times explaining how i was struggling to make the original payments and asked if i could make reduced payments until my financial situation improved. They constantly refused my offers even after being sent financial statements showing my difficulties, at the time i was owing out more than i had coming in and they said they would only accept £50 per month which at the time i could not make. They were always extremely aggressive when trying to contact them via phone when calling them to try and come to some arrangement. In 2006 i found my car had been removed from the car park at the rear of my property without any warning and nothing from welcome. Upon contacting welcome about the car being removed without any notification i was told the car was theirs and they had every right to take it and didn't have to inform me of them doing so According to the letter, i recieved today, the claim was passed on to this company which i had no knowledge of. Also to my knowledge i have not recieved any default notice from the original creditor or the company who sent me the letter today. I originally disputed the amount that was still owed after they had taken my car due to all the interest added and the fact they had taken the car and the debt seemed to increase! I am just wondering what i can do now as i am once again struggling financially. Any help in this situation would be great thank you for reading
  6. Hi Caggers, I could really use some advice please. This is a bit long winded but I don't want to leave anything out. I had a capital One CC back in 2001 with a balance of £250 outstanding. My newborn son was in Hospital for a few months and during this time I was obviously spending all my time in the hospital and not working. I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered so in a rage I told them to stick their card and sue me if they thought they were going to get another penny out of me. they defaulted me and added loads of charges (as they do). A few months later I decided that I had better try to sort it all out and contacted them and agreed monthly repayments. I made 1 payment of the agreed amount (£10) and the next month they took double the amount from my bank so I cancelled it. They were still adding monthly charges of more than I was paying s o I would have never paid it off. so I just stopped talking to them and burned all the paperwork I had. I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure, no money and those snakes taking my petrol money so I couldn't travel to the hospital. Just to be clear this all happened between June 2001 and March 2002. I haven't spoken or written to them since and the debt has done the rounds through different DCA's until it's ended up with Lowlife with an outstanding balance of £1001.80 After finding this wonderful site I have slowly begun to build up the courage to deal with this. on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell which I decided to reply to with the bog standard prove it letter. Shockingly (ok it isnt a shock) Lowlife have ignored my prove it letter and sent another threat o gram saying they will be sent to Fredrickson blah blah. should I send another prove it letter or go for the SB letter? I am positive I never had a letter of assignment from lowlife or capital none Isn't that supposed to be hand delivered or sent registered? Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.
  7. Hi All I have today received a correspondent from BWLegal stating theyare acting on behalf of Lowell Portfolio 1 ltd and that they will file aBankruptcy Petition against me in my local county court. Okay keep this tread to the point four years ago I was indebt by 1300 pounds Vanquis Visa credit card kept on leading me and I kept ongoing into debt to the point I owe them1500 pounds , when I was not able to pay any debt back they kept on applying double interest and service charge follow by admin charge. So theamount is in dispute to this point Vanquis pass my details on toLowell Portfolio 1 ltd who pass myinformation on to Red debt collectors who for some reason pass the information on to third party and now I gotBWlegal acting on behalf of Lowell Portfolio 1ltd I have sent a emailtoday to BWlegal today please have a look at the end of thistread . I am worried about losing my house , bank and the little money I have left , I have fourkids to feed and this type of letters throw you in the dark end. What can I do? please help this email was sent today : You havecontacted me regarding the account with the above reference number, which youclaim is owed by myself. I would point out that I have no knowledge of any such debt being owed toLowell Portfolio 1 Ltd I am familiar with the Office of Fair Trading Debt Collection Guidance whichstates that it unfair to send demands for payment to an individual when it isuncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair topursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried ordisputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled orare disputed and continuing to make unjustified demands for payment amounts tophysical/psychological harassment. I would ask that no further contact be made concerning the above account unlessyou can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the tradingstandards department and consider informing the OFT of your actions. I look forward to your reply. Yours faithfully
  8. Hi I am a new member and really need some advice. I have spoken to every debt charity i can find been referred to some and now come to a dead end unless i pay a solicitor £1000 to represent me and I haven't got that sort of money right now. I was in financial difficulty some years ago and got myself into debt . I was being pursued by BWLegal on behalf of Lowell portfolio 1 ltd who had purchased 2 credit card debts from Capital One ( Europe ) PLC. The debt was for £886.92 and £2384.24. They issued me an 18 day Statutory Demand dated 13 April 2012 which gave the details of the debt and the default date as 9th December 2005. Lowell Portfolio give the date of Assignment as 19th January 2007. No breakdown of debt or statement has been included. Due to my own ignorance and other reasons i have not applied to set the demand aside and was pressurised and bullied into paying BW Legal £2150 on the 14 May 2012 and agreed to a repayment of £60 per month until the debt was repaid and they agreed a 20% reduction in the total amount repaid. In our telephone conversation i said i can't recall the debt as it was so long ago and they verbally agreed to send me copies of the agreements ( they now deny this). As no copies of the agreements were sent i didn't give them any more money and this resulted in them issuing a Creditors Bankruptcy Petition on Failure to Comply with a Statutory Demand. The petition was dated 15th February 2013 and the hearing date 21st March 2013. I was served the petition by hand in the evening on the 9th March 2013. I panicked filled in form 6.19 and filled a notice to oppose the Bankruptcy Petition on the 13th March 2013. This is what I put: " Take notice that i ........ Intend to oppose the application to make a bankruptcy order on the following grounds : After receiving a statutory demand from BWLegal and being close to the 18 days to set aside the notice. I came to an arrangement with BWLegal to pay them £2150 and then the remainder of the debt to be reduced to £466.53. This was to be paid in instalments of £60 per month with the remaining balance of £46.53. I did state that i did not acknowledge my indie tenses to this agreement and had no recollection due to the fact it dated back to December 2005. I also think the debt is statute-barred. I did however agree to the above if BWLegal would not seek bankruptcy and would in a reasonable time frame provide me signed copies of the agreements and statements from Capitol one Europe plc. BWLegal agreed to this and i paid them £2150 to show good faith. Since then no agreements or statements have been provided as agreed by BWLegal . BWLegal constantly send demands for the outstanding balance of £1120.66 this is contrary to what was agreed. BWLegal have failed to provide the appropriate signed copies of the agreements with Capitol one or any statements of the alleged debt and have not complied with the payment arrangements . I would therefore ask the court to deny the bankruptcy order and ask BWLegal to provide the appropriate proof of debt within 14 days to the debtor. If this cannot be done then BWLegal refund the original payment of 2150 to the debtor. I apologise for wasting court time on this which could have been avoided if BWLegal fulfilled their arrangement ." I attended the hearing on the 21st March and after the district judge it seemed spent 30 minutes explaining to me how serious this matter was and i should get professional help adjourned the hearing of the petition to 14th May 2013. It is further ordered that the debtor must, not less than 4 clear days before the adjourned hearing file at the court and serve on the creditor a detailed statement in support of his opposition to the bankruptcy petition, exhibiting copies of all relevant documents. Dated 21st March 2013 Since then as my wife and i are very stressed about this i have telephone BWLegal repeatedly and asked for a balance to settle. Up to now they just say they are waiting their clients instructions. A person from the nationaldebtline has told me that she thinks this debt is definitely statute barred just because i paid £2150 it was after the 6 year period and the statute of limitations act clearly states that once the 6 year period has gone it cannot be restarted . BWLegal have no right to pursue this debt through the courts and the judge should have thrown it out. She went on to say she wasn't a solicitor and in few of the seriousness of the situation check her advice out. The judge did say that it is in the court discretion to grant a set aside to an 18 demand if i wanted to apply now with good reason ? Not sure if this is a red herring. My problem is what do i do now i am running out of time and cant get good advice without paying and i am flat broke. Do I apply to set aside, can i have some help in filling a better defence, is it true it is statute barred ? Please some one help the clock is ticking for me. Thank you for reading my post .
  9. After checking my credit file, i t appears that either o2 or Lowell defaulted me in 2008 for non-payment of £46 mobile phone bill. However I'm pretty certain that I paid my bill entirely and never received notice of a default. So, 1) How do I find out who issued the default, how can I get them to prove that I owed the money, and how can I get them to prove they sent the default letter out. 2) If they cannot provide a CCA, does that automatically mean the default should be removed? Also, they are chasing me for payment on a credit card debt. I owe just under £5k. I had been paying a nominal monthly sum through MyVesta but that stopped in Feb 2012. I have no way of paying the amount I owe. What should I do next? Should I hit them with a request for the Consumer Credit Agreement?
  10. In March 2010 I had a statement from Barclay card stating I owed them £940.52, it had been forwarded from my old address. I called them as I have never had a barclay card or a barclay account I told them all this on the phone. They said it would be passed on to their fraud department and they would write to me letting me know what happened. This was the last I heard from them, until I got a letter from Lowell on March 2012 stating I owed Barclay card £940.52 saying This notice is being given to you as required by the consumer credit act 1974 because you fell behind with your payments under agreement with original creditor. Opening balance 01/10/2008... £940.52 I called them stating I had never had a barclay card or account, I was unable to get credit because I went Bankrupt in 2007 at my old address I gave them my bankruptcy details. Thats when I was told on the phone that the card was taken out in 2005 and was being used and balance was being paid up until 2007. .I exlained I had lived at that address after my bankruptcy till March 2010 when I moved to new house, where Barclays first contacted me. Also that I had never had a single letter/statement or phone call from Barclays. I got a letter saying they had noted my comments and they had done an internal trace procedure using various credit reference agencies, and they believed that I am in fact the debtor. They have sent me a copy of the original credit agreement., It is not my signature on the form I do not know what to do as I never had anything with Barclays, What can I do. sorry for the long story but I thought it was easier to explain the whole thing
  11. Hi This is my forst post here, however i have been reading other people experiences with interest. Anyway, down to business. I had debts with several catalogues (all shop direct...littlewoods, very etc) that ended up in the hands of lowells due to defaulting. This means two accounts with lowells as shop direct refused to amalgamate the accounts. After some aggresive bargaining on my part (basically telling them im quite prepared to go through court, defaul on ccj and just not let the bailiffs into my home) i managed to get them to agree to £2.50 per month on each account (£351 and £551) (I must admit feeling quite chuffed with myself for getting them to aggree to this ammount without disclosing anything about my financial situation. When they asked me why this was all I could afford I told them it wasn't all i could afford but all I was prepared to offer. I hope people will take note of this and realise that you don't have to be bullied by these people.) Anyway, my question is does anyone have any advice on what I can do next to improve my situation. one account will take 11 years to clear and the other will take 18 years. According to experian default notices on my account will be removed after 6 years regardless of whether there is an outstanding balance or not. What does this mean for Lowells ability to reclaim the balance? Would it be worth me offering a significantly reduced final settlement using the length of time as a bargaining chip? How much would they have bought the debts for anyway. Any advice on this matter would be greatly appreciated and any money saved will mean a dobation to CAG.
  12. Hi all, I have for some months (possibly a few years I haven't kept count) been receiving letters from Lowlife portfolio about my "outstanding"(nice of them to compliment me on it I thought lol) debt of some £771.87 to Capital One which they seem to have purchased. The card only had £200 limit, I think I only used it a couple of times and paid it for 6 months until I got fed up with the ridiculous interest they were charging and decided they had had far more money from me than the original £200 and stopped paying. After a few months Cap one wrote to me saying my account was in default blah blah, if I do not contact them to arrange payment the debt would be passed on etc etc. Obviously I ignored them. BTW the Cap One account was about 5-7 years ago. I have not responded to any of the the letters from Lowell and Red Debt Collection Services as I believe if they could do anything they'd have done it by now. Today I got the following letter from Hamptons Legal ( copied exactly from letter obviously not correct acc/ref nos): My name and Your Lowell account: address Lowell reference number: 1234567 Original company name: Capital One Original account number: 123456789101112 You owe: £771.87 10th May 2011 Dear Sir Overdue account After repeated requests for payment, Red Debt Collection Services have instructed us to pursue you for the overdue balance on your Lowell Portfolio I Ltd Account. You are contractually responsible for paying the debt. Unless you send payment to us or Red Debt Collection Services immediately, we may prepare for more serious action, which could include applying for a County Court Judgment (CCJ) against you. Once legal proceedings have begun, we may be able to claim the money you owe together with : . The interest accrued on your overdue account. . Legal costs of recovering the money you owe. If we are granted a CCJ you could face the following consequences. 1. Any CCJ against you will be recorded at the Register of County Court Judgments and remain there for up to 6 years. 2. We may apply to enforce the Judgment for example by using bailiffs or applying to recover the money you owe by making deductions directly from your earnings. 3. Failure to repay your debts may have an impact on your ability to obtain credit in the future or the terms on which credit is available to you. Lenders will look at how you have repaid your debts in the past before the decide to grant further borrowing. If you do not contact us or arrange payment we may begin proceedings. You can set up a Direct Debit on line go to www,lowell,co,uk. Call us on 0113 394 6317 to agree repayment and prevent this. Yours faithfully (photocopied signature) Stephen Hunter Director of Legal Services. I am assuming they are just show boating and using scare tactics that a lot of people would fall for. I have never acknowledged any debt with Lowell nor have I responded to any correspondence from either them Red Debt and now Hamptons (Except once they phoned, asked for me and were promptly hung up on when they said who they were). I do not think they or any other so called debt recovery firm would even get any joy even if they actually did go ahead with their bluff of going to court would get any joy from the court. I am thinking of writing to them anonymously saying : Dear Lowell, Thanks for paying my credit card bill. But seeing that I have never entered into any financial agreement with yourself or your other Mickey Mouse partners in crime Red Debt and Hamptons Legal, good luck getting your money back!!! Yours faithfully Someone that isn't scared Just to wind them up. But I really can't even be bothered to waste the money on the stamp. I reckon the original debt will be unenforceable in a few months any way if it hasn't already become so. What would you do? Ignore them like me and call their bluff, see if they do actually take me to court and get a CCJ and repayment order/ bailiff visit (who I believe are not legally allowed to enter ones premise with out permission and remove goods as it is theft)? Or start wasting your own valuable time and money writing letter after letter challenging the debt and going down the legal/ consumer rights route? The way I see it it's Capital One's fault for irresponsible lending when I was younger.
  13. Hi, after getting a couple of letters from Lowell I did a little digging and found I owed some money from years ago for a car insurance policy, less than £150. Not sure why it was not paid, its that long ago. I duly ignored all the letters from Lowells and settled the debt online with the original creditor. They promptly refunded the full amount and sent me a letter saying to deal with Lowell as they have bought the debt. I owe the original creditors the money and dont see that I should pay the full outstanding amount (or even close to it) when they "bought" my debt and not with my consent, and not when the original creditor had never pursued me for the outstanding balance. So I continued to ignore their letters, Lowells letters turned to Hamptons and Red Debt in turn over the months. Everything went quiet for a few months and today I have a letter from Buchanan's. I plan to continue to ignore their letters base on my previous comment regarding the sale of my debt. Anyone else have any experience with this kind of situation and any ideas of the outcome if I continue to ignore the letters?
  14. Hello, Recently I've been trying to obtain a copy of my signed credit agreement from Lowell on behalf of Shop Direct, just a little backstory; I recently became unemployed so no longer can afford to pay off some of accounts with Shop Direct all in one go, so have been going the CCA Route so that I can give myself some more time to pay back the debts. I have 2 other accounts that were opened at the same time and I've been successful in Lowell / Shop Direct not being able to provided me with a Signed CCA so they are now unenforceable and have to accept any re-payments of an amount I choose which I am planning to do after hopefully getting this 3rd account sorted which has got a different result from all the rest. I received the following letter on July 5th 2011; I sent off the following letter to Lowell, a bit late as was quite busy after becoming unemployed with sorting out everything else on the 25th July 2011; And got this reply on August 1st 2011; Then got the following on August 2nd 2011; After that, I received nothing until August 19th 2011, which is the following letter; After that letter, I received nothing until September 6th 2011, which a letter was telling me that they now they were in receipt of my request for the copy of my agreement, which consists of the following set of images; So after all that, sorry if this is quite long and time consuming to read everything that has been done in such a short time, but what happens now? Are they right in what they have sent to me, but also my other 2 accounts that were opened at the same time they couldn't find anything so they are now unenforceable? What can I do next, as there isn't a copy of an agreement that I've signed, but they've sent out copies of documents I could of signed, is there any letters I can send off to delay this or make it unenforceable like the rest so that I then arrange me make re-payments of my own choosing? - All images have had the names, addresses and account numbers removed only, so any boxes that are black is removed information just in case anyone think I've blocked out a signature. Regards, kingofkings
  15. Dear All, I am urgently looking for some help & support - I just received a notice "B10 Notice of registration of a bankruptcy notice" informing me of "(22.07.2011) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action..." and giving me a reference to a petition entered in the High Court!! This is the first thing I have heard from anyone and rang the court who confirmed a petition had been filed on 19/07/2011 by: Lowell Portfolio Limited Graheam Danby Solicitors Case Ref: 921286839 Tel: 0113 3086043 Litigation Dept Lowell Group 1 Apex View Leeds LS11 (BA8 (Exactly as above complete with what seems typo's). AND I AM DUE TO APPEAR IN COURT on 06/09/2011 at 10:30am....!! The court further told me they could not tell me what the amount was and the petitioner should have served documents on me and nothing would be sent by the court.... Had I not got the Land Registry letter I would have not known anything about this....??? I called the number given and the agent who answered the phone told me he did not recognise the reference number and when I asked who I should write to he gave me the following: Hamptons PO Box 173 Leeds LS11 9WR When I asked who they were as the names were different he said "we are all part of the same group" and the took my full name and address which I gave and then thought, hang on I don't know who I am actually talking too & declined to answer his further "security questions" and said I would write to them. I am now very concerned and stressed out as it would seem that someone without any communication having been sent to me has actually petitioned for my bankruptcy which if not for the Land Registry letter I would have no idea was actually happening! I suspect this may relate to an old credit card or bank O/D debt from around 2004/05 but at this stage I don't know... Question is what should I do now: a) Apply to the court to have the petition hearing stayed, struck out and/or set aside? b) Write to Lowell/Hamptons/Graheam Danby and ask them to produce all paperwork? c) Advise Land Registry that I have no proper knowledge of the debt? Please let me know what you would suggest I do - a) or a) & b) or all of the above & any template docs much appreciated. Presumably the petitioning creditor should have served a Stat Demand, identified what the debt is & how they have any rights to it - i.e. Assignment, purchased, etc. Further can I demand that they produce statements & the like because if it is the creditor I think it might be, it should now be barred by limitation as there has been no contact over the years? Any help & advice very gratefully received... Many thanks Barry
  16. I just checked my credit file and I have 2 defaults on it. One of which is from Lowell Portfolio. Now there is a story here and I am pretty angry. I had a default on my account from the phone company '3' for £58 (from july 2008). I was annoyed at that because I thought it was on my credit file wrongly. So about 6 months ago I contacted 3 and asked them about it. They replied fairly quickly saying that I was lucky that it was only £58 as if they passed it onto their sister company 'lowell portfolio' then it could be over £200 because of admin fees. Low and behold, 3 years after the default and only a few months after I called and 'reminded' them of it, it's now on my credit file as a default for £202 from Lowell and the one from 3 has vanished. The really annoying this is that the whole entire affair is a myth... i didn't ever owe 3 anything in the first place. What is the best way to deal with these crooks? please help! Thanks in advance. Mick
  17. i am currently recieving letters from them trying to chase a debt they have apparently purchased, but there is no way on hell i can start paying for at least 6 months as i am currently paying off other debts as fastas i can which leaves me with very little cash left to play with, let alone settle other debts, i'm just wondering where i stand with this an if there is any chance they can do anything as i havn't acknowledged the debt or contacted them in any way, any information on this would be greatly appreciated.
  18. Hi new to the forum so bare with me please; I have got around 12 credit agreements on my credit file which about 8 of which have now defaulted and are now with debt collection agencies. I have contacted National debt-line and gone through my financial statement to work out if i can afford any payments. In the end they advised me to file for bankruptcy or ask them to write the debt off, opted to try and get them to write the debts off. I have written to most to all of them and explained the situation to them and attached my National debt-line ref. As expected they sent me template letters saying that they have received my letters and i should call them to discuss the debt. After many letters back and forth I am now in the position where 2 of them lowell and Robinson Way, are offering to accept a token £1 per month until my circumstances have changed. Although my financial my financial statement shows i have no extra income to make that payment. I intend to continue writing to them to try and persuade them to write the debt off because i really cannot afford to pay any of the debts; Would anybody be able to advise me on any other avenues i can take? Thanks in advance
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