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Found 6 results

  1. Hi, I am an international student staying in UK for brief periods of 4-5 months every year. I unfortunately have a debt I owe O2 of 493£ from 3 years ago. I am in a bad shape now and am leading a hand to mouth existence. I recieved an e-mail recently from Lowell, offering me a settlement plan of a one time 290£. I was in my home country then and wrote back to them saying I may not come back to UK but would still settle for 150£ which is all i had in my UK account. They never responded to it. I am now in UK for a couple of months and I received a letter from RED asking for full payment or repayment option. I ignored it and have received a second letter now warning legal action. I am sorry about it but I dont have the money to pay them currently. I am going back to my home country for 4 months and am off next week. I will come back later in the year and will move in to a new address. Will they find me again and how do they do it? Also, will it show up on my Visa or when I return to the country, will I be quizzed by immigration? (sounds unlikely but am worried) Finally, can I hold on by evading them till I am ready to pay them? What wll be their future course of action? Please advice. Ed
  2. I have been having some trouble with a past debt from 3 mobile, I have looked through lots of threads to find out what to do, however most of the advice has gone over my head. The original debt was with 3 mobile 5/6 years ago for a cancelled contract and was sorted with Moorcroft (who I believe are 3's in-house comapny?) This was paid off however some time later I was contacted by red/lowell saying I owed a greater amount of money and they wanted paying. I refused to accept that owed anything, asked them to prove it (which they didn't) and proceeded to ignore the ensuing bombardment of calls and texts. This has gone on for a while, with them at some point finding out my address and then beginning to send lovely letters as well. On the incredibly rare occassions I have decided to speak to them I have asked for proof of the debt which I haven't received and have continued to ignore them. Recently Hamptons came on to the scene and then 10 days ago I received a letter regarding them persuaing a CCj. Whether wisely or not, I emailed them today continuing to deny acceptance of the debt and to ask for proof of both the supposed debt and the supposed charges. The original debt I was believe was for around £80 (paid off) and the current sum is in the region of £370. I was hoping that someone may be able to provide some idiot proof advice (and I mean idiot-proof) to me regarding this matter. Sorry for the long post but thought it best to give as much information as possible. Cheers, Josh
  3. 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?
  4. Hello all, Brand new here but need some further advice. Basically Red/Lowells have wrote to me ((I know you've heard it all before)) but I thought I'd go it alone in writing to them and taking them on. Basically Lowells wrote to me initially for a Barclaycard Debt dating back to 2003 for £690. I ignored it at first but then another letter came from Red Debt Collection Services demanding the amount. From reading your threads etc I wrote to them RECORDED DELIVERY on the 15th December 2010 with the following: I do not acknowledge any debt to you or any other company or organisation that you claim to be representing. Acc/Ref No: XXXXXXXX Dear Sir/Madam Account No: XXXXXXXX Thank you for your letter dated 09/12/2010, the contents of which are noted. I also note that "Red Collections" is simply a "trading style" of Lowell Portfolio LTD. Therefore your claim to be acting on behalf of Lowell Portfolio LTD is spurious, as you are clearly one and the same company. I would point out that under the Limitation Act 1980 Section 5: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”. I we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that: “It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last correspondence/payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that: “Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. In particular the OFT has recently stated that: The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988. Therefore I wish to formally notify you that unless I receive confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'. Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any: • "trading style" of the Lowell Group (including Hamptons Legal) • constituent member of the Lowell Group (including Hamptons Legal) • a third party acting on your behalf • a third party that claims to have been legally assigned this alleged debt will result in an immediate complaint to the aforementioned regulatory bodies. Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period. Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint. This COMPLAINT is NOT going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I would appreciate your due diligence in this matter. MR X XXXXXX .......... Ok, so I thought that was the end of it... BUT NO! They have wrote back to me with the following: 13th January 2011 Dear Mr XXXXXX OUR REF: XXXXXXXX ORIGINAL CREDITOR: Barclaycard BALANCE: £690 Thank you for your letter, concerning the above account. Your account is not legally unenforceable under the Limitation Act 1980 on the basis that a default notice was served on you by Barclaycard on the 13th October 2005 Section 5 of the Act mentioned says that following the date when a cause of action arose for payment of the debt, any creditor such as Lowell Portfolio 1 Ltd has a period of six years to enforce such a right to payment. The date of the default notice is when the debt in this matter became due for payment in full and the period from which Lowell Portfolio 1 Ltd has to enforce their right to payment in the absence of any payments or written acknowledgements being made by you in between this date. We trust this now resolves your query and look forward to hearing from you to discuss repayment. If we have not had contact from you in the next 14 days, your account will transferred to our Debt Collection Agent; Lowell Financial who will contact you regarding this account. Regards, RED DEBT COLLECTION SERVICES ........... Ok, so what the hell am I to do now? I have checked all my credit files and Im a member of Experia, Equifax and Call Credit. No defaults or even the previous address of where the debt was originally at!!! Everything 100% satisfactory!! I have wrote a reply which I am sending Red Debt tomorrow morning which reads as follows: I do not acknowledge any debt to you or any other company or organisation that you claim to be representing. Acc/Ref No: XXXXXXXX 17th JANUARY 2011 Dear Sir/Madam Re:− XXXXXXXX Thank you for your letter dated 13/01/2011, the contents of which are noted. I also note AGAIN that "Red Collections" is simply a "trading style" of Lowell Portfolio LTD. Therefore your claim to be acting on behalf of Lowell Portfolio LTD is spurious, as you are clearly one and the same company. You state in your later dated 13th January 2011 that account: XXXXXXXX is not legally unenforceable under the Limitation Act 1980 on the basis that a default notice was served on the 13th October 2005. Again this is another spurious claim and DEMAND THAT YOU PROVIDE PROOF of such information as defined under the Consumer Credit Act 1974. I would like to point out that under the OFT’s Debt Collecting Guidlines July 2003 (Updated April 2008) you are clearly using Deceptive/Unfair methods to retrieve said debt! This is explicitly confirmed in Section 2.7 and 2.8 a) , and k) 2.7 Dealings with debtors are not to be deceitful and/or unfair. 2.8 Examples of unfair practices are as follows: a). sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made k). not ceasing collection activity whilst investigating a reasonably queried or disputed debt. This letter therefore is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement & default relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. The onus is on YOU to prove this debt is indeed enforceable! Therefore I wish to formally notify you AGAIN that unless I receive proof of alleged debt or that this matter is closed; then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'. Furthermore, any attempted contact (other than to prove the debt is enforceable to myself or that the matter is now closed ) by any: • "trading style" of the Lowell Group (including Hamptons Legal) • constituent member of the Lowell Group (including Hamptons Legal) • a third party acting on your behalf • a third party that claims to have been legally assigned this alleged debt will result in an immediate complaint to the aforementioned regulatory bodies. Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period. I await your response. MR XXXXXXXX ............................................................ Could anyone tell me what kind of action is likely to occur? I'm fighting them the best I can but Im worried they're gonna do their best to nail me... PLEASE HELP FOLKS!!! X
  5. Hi all, I moved home recently and only today received a series of letters sent to my old address from Red Debt Collection. After some googling I see that a lot of people have complaints with this company. Red Debt are claiming that I have a Barclaycard account which has over £600 outstanding. There is even a Barclays account number on the letters from Red. I rang Red and they said this account is from 2005 (making it 6 years old from today?!) and said that if I felt this was fraud I should sign an agreement they will supposedly send to me. I do not at this point have any intention of signing anything they send me. I have not and have never had a Barclays account - I checked my credit history with Equifax and there is no mention of anything to do with Barclays (or anything outstanding). My question now is do I respond to Red with letters denying any acknowledgment of this debt, and requesting proof of the credit agreement in question, or do nothing and see what they do next? If the credit reference companies have no record of this supposed debt then surely Red haven't got a leg to stand on? Also, since this account is so old shouldn't it be statute barred and unable to be enforced? Thank you in advance for any help you may have!
  6. ok so ive just braved myself and had a look at my credit report and now i am really confused, keep getting lowells and red etc spouting their usual spat that i owe them for a littlewoods and GU catalogue, i am 110% ive never had any catalogues and they are not showing up on my credit report even though they are stating i am in default, the only things i have on there is my contract phone which is upto date and my credit card also upto date, so my question is how can they pursue a debt that i dont know about let alone it being on my credit file??? any input would be great
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