Jump to content


Lowell Lying and Cheating Again!!!! What should I do, Statutory Demand ?


katpuss
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5030 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Dear all,

 

This is my 2nd thread on this matter but after what has happened I needed to start another one to explain fully.

 

I have a debt of £1137.71 with Lowell. This used to be a Barclaycard. The debt is 4 years old and I was paying what I could until my husband got made redundant 1 1/2 years ago. I am now on a Debt Management Plan with the CCCS. Things are now getting worse:

 

14.11.07 - Received a statutory demand from Lowell/Red in the post. Phoned Lowell and spoke to someone called Matthew who agreed to put the account on hold for 2 weeks and then I would be called to discuss further. Told him that I was on a DMP with the CCCS and that they would be paid.

 

28.11.07 - Received a further letter stating that I had failed to respond to the statutory demand and that a Bankruptcy petition might happen. Called Lowell and spoke to someone called Praveena who told me to ignore the demand and the letter as they were automatically sent out. I again explained that I was on a DMP with the CCCS and she said that this would be fine and not to worry.

 

29.11.07 - Called the CCCS (Consumer Credit Counselling Service) who confirmed that they would send a 3rd payment offer letter to Lowell plus December's payment.

 

30.11.07 - Feeling uneasy I called Lowell again and spoke to Sanjay who told me to send in income & expenditure details plus evidence from the CCCS that I was on a debt management plan. Again he told me that a bankruptcy petition would not be presented.

 

03.12.07 Obtained evidence through Royal Mail Track & Trace that Lowell had received the above documents via Recorded Delivery. I even have a copy of the name and signature of the person who received the documents at Lowell's offices.

 

15.12.07 - Today I received a letter from Lowells saying that I had failed to respond to the statutory demand and that the time had expired. It said that I now had to either arrange payments or face bankruptcy proceedings.

 

I was not aware that I had to apply to the court to set aside the demand. After looking closely at the statutory demand it states that I have to respond to the court within 18 days. There is no court name on the demand. I have 3 local county courts in my area ( Bournemouth, Poole, Dorchester) so have no idea which one!

 

I am going round in circles now:confused: What do I do? Are Lowells known for doing this? What is the likelyhood of me going bankrupt?

 

Please help

Thanks

Katpuss

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

Link to post
Share on other sites

Bump

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

Link to post
Share on other sites

As the debt is in the hands of CCCS you should get them to deal with the problems, this is why you are in a DMP in the first place - to stop these idiots taking over and claiming more rights than your other debtors.

 

Take the Stat Demand to your local Trading Standards office and see what they can do as well.

Link to post
Share on other sites

Contact CCCS and confirm that they have sent the idiots details as requested along with a payment.

 

As you now know NEVER PHONE A DCA as they will spin you all sorts of stories. Keep everything in writing with them so you have a paper trail. Write to Lowells asking for a copy of their complaints procedure. Consider a report to Trading Standards. They would be idiotic to Bankrupt you over such a small amount as in all probability they would not get that much. As you are in a DMP any judge would look none too favourably on these clowns demanding more money off you.

Link to post
Share on other sites

In total I owe about 11k to all creditors. The biggest one I have is with Thames Credit and they are more than happy with the DMP payments.

 

I rent a flat, I don't have a car, everything in my flat is second hand. It just doesn't make any sense.

 

The CCCS have tried to deal with Lowell's by sending them THREE payment offers and they have received this months payment from the CCCS.

 

I am really worried as I didn't set aside the demand as I had no idea what to do. I stupidly asked Lowell to set aside the debt

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

Link to post
Share on other sites

It would cost them more than you owe to take you to court for bankruptcy proceedings - and even then there is no guarantee they would get a penny of the money they say you owe them.

 

The idiots you have been speaking to have been extremely highly trained to eat bananas but not to deal with people, their debts and the law.

 

Report them and sit back and enjoy the moment.

Link to post
Share on other sites

It seems to me that Lowells have actually admitted to you that thy can't handle your case competently. There is some more info here on stst demands: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112326-debt-collection-agencies-statutory.html

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

Link to post
Share on other sites

There was someone on here who ignored a statutory demand from this bunch of clowns and iirc got similar letters but nothing ever came of it in there case, i still wouldnt panic as although they can if they realy wanted to take it further they stand to loose, have you at any point requested a copy of your credit agreement from the original creditor?

Link to post
Share on other sites

I have never requested a copy of the credit agreement from the original creditor. How would I do this and what would it acheive?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

Link to post
Share on other sites

Also how would I complain to the OFT and are there any guides that the OFT publish that I could read?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

Link to post
Share on other sites

Use letter N from here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html make sure you start the letter with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in big bold letters, do not sign the letter (as if they wanted to they can copy signatures onto documents) but type your name instead, make sure the £1 fee is enclosed by either postal order (again do not use your signature) or i used a personal cheque from another family member, send it special delivery if you can afford to otherwise recorded so you can prove that they received it, they have 12 working days to comply with your request from the day after delivery (which can be checked on royal mails website including proof of signature on delivery) after which they are in default, if a further calender month passes (30 days or 31 if ending on a sunday) they have committed a criminal offense for failing to supply, without supplying the agreement they cannot enforce the debt, it doesnt meen that you dont owe it just that they cannot enforce it so cant make you bankrupt or apply for a ccj

Link to post
Share on other sites

Oh and send this request to lowells who are the ones dealing with it, they will in turn pass it onto the original creditor, if they dont comply and they press for payment after the further calender month then you can report them to trading standards etc

Link to post
Share on other sites

Use letter N from here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html make sure you start the letter with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in big bold letters, do not sign the letter (as if they wanted to they can copy signatures onto documents) but type your name instead, make sure the £1 fee is enclosed by either postal order (again do not use your signature) or i used a personal cheque from another family member, send it special delivery if you can afford to otherwise recorded so you can prove that they received it, they have 12 working days to comply with your request from the day after delivery (which can be checked on royal mails website including proof of signature on delivery) after which they are in default, if a further calender month passes (30 days or 31 if ending on a sunday) they have committed a criminal offense for failing to supply, without supplying the agreement they cannot enforce the debt, it doesnt meen that you dont owe it just that they cannot enforce it so cant make you bankrupt or apply for a ccj

 

 

Thanks for that useful info. Only thing is I've acknowledged the debt by paying them already? Can I still do this?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

Link to post
Share on other sites

Under S175 of the CCA 1974 Lowells are obliged to pass your request on to the original creditor. They would also be obliged to have the original executed agreement to prove the debt exists in the event of playing the bankruptcy card

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...