More Lowell

[matthewk1971]

Hi all,

I recently received a letter from Lowell demanding about £4k for a debt with HBOS.

I have never had an account with HBOS and the only thing I can think of was a credit card which was through Sainsburys a few years ago, which was paid and closed 3 years ago. (Balance approx £3100)

The payment was made to Blair Oliver and Scott in the September of 2004.

Lowell cannot tell me any details of the debt as they have none and said it could take 2 months to request them from HBOS.

I called them the day I received the letters, just to allay my fear it was something I did not know about. I refused to discuss anything but the origin of the debt and was very clear that I would not enter into any other discussion with them until they could provide me with the information.

They are claiming that a company called '1st Credit' bought the debt from HBOS and could not track me down as I had moved, Lowell then bought the debt and found me inside a month. (I haven't been hiding and am on electoral registers etc.)

It has not been six years so am not sure how to proceed. Does anyone think I would get much sense from Blair Oliver and Scott in regard to what I paid and to what debt it went?

Any advice on how to proceed would be greatly appreciated.

[42man]

Matthew you need to send them a CCA request.....(courtesy of Curleyben)

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

Also NEVER HAND SIGN the letter (as some DCA's are alleged to copy your signature on to an agreement)

[matthewk1971]

Well, I sent the letter on Dec 12th (Recorded Del) and royal mail managed to 'lose' it!

I couldn't do anything until into the new year and it has to wait 21 days. Even today they claim they have lost it, however, this week I received a letter dated Jan 9th from Lowell stating they had sent off for a copy of the requested documents and it would take longer than 12 days.

I am unsure as to when I should start my month from, as I cannot prove when they got the letter as royal mail still claim it has never been signed for.

Am I safest to go off the date of their letter? (which means the 12 days runs out tomorrow) or should I stick to my letters date?

 

Any advice would be great, thanks!

[42man]

Just keep your receipt as proof if required and the letter from Lowells as they have received it. I would give them 12+2 days from 2 days after you posted the recorded delivery....

[matthewk1971]

Cheers, that puts them well past the 12 days now and a good way into the month on top.

Off to the Trading Standards we go...

[Curlyben]

WAIT until they come back demanding payment after the 12+month has expired.

Then Lowell are chasing an unsubstantiated debt.

[matthewk1971]

Well, I have had another letter, well two actually...

One stating that the finance company they bought the debt from has confirmed they are looking through archives for the document and then this week another asking me to pay again, and agreeing to accept a settlement of under half the total amount they claim I owe.

I know I need to report it now, can anyone offer advice? Also, does the fact the time limit has run out right off their claim or just suspend it while they continue to look into it?

Cheers.

[Curlyben]

Time to give Trading Standards a call as Lowells are clearly chasing an unsubstantiated debt.

Your first point of contact is Consumer Direct: Consumer Direct

 

Just explain to tham what has been going on and they'll take it from there.

[adtheladuk1]

sorry to jump in guys while were on the trading standards subject i need to know if you think this is an appropriate letter for them

 

West Yorkshire Trading Standards Service

Trading Standards Complex

PO Box 5

Nepshaw Lane South

Morley

Leeds

LS27 OQP

Dear sir/madam

Could you please assist /advise me about the following issue.

I have attached some documentation regarding Lowell Financial Ltd and a debt I am supposed to have with them. I requested documentation as my right under the Consumer Credit Act 1974.

The only documentation I have received is a photocopy application form. A copy of the said document has been attached along with a covering letter that came with it. Interestingly, the reply states that what they have supplied is the original copy of the agreement. I believe that this document is not a credit agreement as it does not consist of the prescribed terms and merely a pre contractual document. Also may I add that I applied the request on the 04/12/2007 and still they have not provided me with the correct documentation, which constitutes them breaking the act/request when they have a total of 42 days to supply? . Also looking through the documentation (which I have ringed) , there seems to be some indifferences as to signatures and dates . The company are still sending threatening letters and staing that its going to their litigation team.

My second case, to which I have not provided documentation (but if asked to do so I will provide) was a debt I was supposed to have owed regarding a Barclaycard credit card.

Again I requested documentation as my right under the Consumer Credit Act 1974. To which after 60 days they have not replied, they have stopped all contact .Again they have broken the act , but not had the decency to contact me and tell me whats going on .

Any assistance would be much appreciated .

[MrTWS]

Site closed

[matthewk1971]

Well, thanks to everyone for advice AND support. I stayed brave and have come out on top.

I am sure this debt is one that was paid off a number of years ago through Blair, Oliver and Scott, BoS' own bailiff's. Yet they still sold the debt on.

I, yesterday, got a letter from Lowell stating they had no signed contract and therefore the debt was cancelled and the account was returned to their 'client'.

In this case that is 1st Credit. They are the people that could not find any contract.

Is there a procedure now to get entries removed from my credit history, form both Lowell and 1st Credit?

Does anyone have any more advice on how to move on this now?

Thanks loads everyone!!

[42man]

Matthew have a read here....the only way you may be able to get it removed is by taking them to court...although this isn't a default removal case, you may be able to glean some information from it.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html