Jump to content


Lowell Financial


Fairy Jane
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4976 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

Hi Everyone. I have just about managed to register and am now cooking on gas! I have recently received a letter from a Lowell Financial demanding money from a loan from 1989 which I admit I defaulted on. I took out the loan to pay my legal fees for a house purchase which was then repossessed one year on due to redundancy and the recession. I have had various correspondence over the years from various debt collection agencies and I have explained to them that I don't have the money to repay. The last contact I had was from a different DCA in (previous to that was )then nothing since. They want . The original loan was for. I have nothing to give them and have only just managed to purchase my own property again after 18 years. I have a young child and do not want people knocking on my door and frightening her. Obviously the statute of limitations does not apply (and only another two years to go as well). Can anyone advise me on what to do next. They are threatening to send someone round but I have read other stuff on the net which says don't make contact with them. Although I have purchased a new property it was with help from family and I still live hand to mouth.

 

Any info greatly received.

 

Fairy Jane

Link to post
Share on other sites

  • Replies 147
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Jane,

 

Can i ask have there been any payments within the last 6 years to any of the dca's? I realize you may of spoken to them on the phone but the onus of proof is on them to show the debt is not statue barred, I'd be inclined to send the following letter first, then if they come back and respond with proof there has been contact/payments we can tackle it from there and send of CCA Requests. the letter you need is:

 

 

 

I ACKNOWLEDGE NO DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

ACC/REF NO:

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We 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.”

 

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

kind regards,

shane

 

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

  • Haha 1

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

Link to post
Share on other sites

Hi Shane

 

I can't honestly remember if I did pay anything to anyone. In 2001 I know I must have paid to a DCA because the account balance was £and is now £so I guess I paid about £ in 2001/Poss 2002. Not sure really and I threw most of their letters out. I know "head in sand and all that". That was to and I think I may have paid something to them but not for long. My last letter that I have is from 21.11.03 but I don't know if that is the most recent letter. And then out of the blue I get this one from Lowell. I feel sick with worry. Could I write to them stating that I haven't paid for at least six years and see what they say.

 

Thanks for any help.

 

FJ.

Link to post
Share on other sites

hiya,

 

i would send the letter above for now, make sure you send it recorded delivery as well. If they then reply post up their response and i can advise further

 

kind regards,

shane

  • Haha 1

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

Link to post
Share on other sites

Thanks Shane

 

Sorry for delay in responding. Might sleep a little easier tonight. Will get back to you when I receive their reply. Although may get a visit from them before then. Do I just tell them to go away and that I am dealing with Lowells via written communication.

 

Kind Regards.

 

FJ.

Link to post
Share on other sites

Hi Shane,

 

Is there any reason why a CCA shouldn't be sent at this stage as well?

 

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

Hiya,

 

In that case I would also send them the following letter, they have absolutely no legal right to visit you at ur property and they know it! 99% of the time it is scare tactics but you cannot rule it out, if anyone happens to show ask him to leave and call the police, even if he/she then goes make an official complaint to the police and retain the crime ref no.

 

 

 

Be advised that I will only communicate with you in writing. Under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I trust that this clarifies your position and mine.

 

regards,

 

 

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

Link to post
Share on other sites

Hi Shane,

 

Is there any reason why a CCA shouldn't be sent at this stage as well?

 

Newborn

 

Although in a CCA Request you expressly mention the £1 fee is only to be used for the request itself, many companies allocate it to the account anyway and try to use it as debt ownership.

 

you only need send a CCA Request if they can prove the debt is not statue barred, if they can't the debt is completely unenforcable.

 

regards,

shane

  • Haha 1

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

Link to post
Share on other sites

Oh Hell. This is hard work. Does this mean I should just send my original letter (with the bit added on about visiting my property) or should I also send a one about asking for the original agreement. Interestingly I have just looked at their latest letter which states that the original Creditor was a company called 1st Credit. .

Regards.

 

FJ.

Link to post
Share on other sites

their latest letter which states that the original Creditor was a company called 1st Credit. Does Lloyds go by that name (and I mean Lloyds as this was before it became Lloyds TSB).

No. 1st Credit are a DCA who usually buy accounts, so they are not the original creditor, Lloyds are. As usual Lowells paperwork isn't the best. Send the statute barred letter first, if they come back with something showing that it isn't then send the CCA request. Lowells are renowned for handling accounts that are either statute barred or very close to being.
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • 2 weeks later...

Hi People

 

Sorry but I have only just managed to send my letter (work and home issues and just wanted to see what they would do next). However it has finally gone by recorded delivery. Not sure waht happens next. Just wanted to say many thanks to everyone who has helped thus far and a happy (early) New Year. Interestingly I received a "postcard" from Lowells on Thursday saying they were trying to contact me urgently and would call again between 8am and 8pm (they will get short shift if they call at just before 8pm). The card however was delivered by Royal Mail (2nd class I might add). Trying to scare me methinks. Anyway I will keep you all posted. Take care all.

 

FJ.

Link to post
Share on other sites

Yep just a scare tactic to try to get you to phone them. File under ignore.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

You will probably get another card saying "We called but you were out... contact XXX tel no as a matter of extreme urgency..." tomorrow. Keep all the letters as it sounds as if the debt IS statute barred, the difference in figures could be a DCA adding fees on one letter then removing it to 'try to keep the clock going'. The payment needs to be FROM you and not FROM them.

Link to post
Share on other sites

Hi all,

 

Just subbing in on this as Lloyds TSB are on my hit list.

 

TEll them you have recently moved to a country cottage near a Military Training Zone and you won`t be held responsible if their annoying, insignificant little empty headed door man should be shot or bombed on site.

 

Sorry for the silliness, but one must humour one`s self in a time of darkness and harassment.

 

CCA them anyway, and see what they come back with.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

Just a thought. Everytime I get correspondence from these guys they spell my real first name incorrectly (small thing I know) but wondered if this went to Court could I get it thrown out on a technicality. This has always bugged me from my days at school when all of my exam certs and even my swimming certs always had the wrong spelling of my name. The school even spelt my surname wrongly!!!

Link to post
Share on other sites

  • 2 weeks later...

Hi Everyone. I have received a letter from our friends today and have scanned but don't seem to be able to transfer it to here. It is basically a Final Notice and threatening action in 7 days if I do not pay up. I will try and get it on here later. However Lowells signed for my letter on 3 Jan (their recent letter is dated 4 Jan). Any ideas what I should do next?

 

Regards.

 

FJ

Link to post
Share on other sites

Ok. I give up. I am such a dumbo with this bloomin computer. As I am a super wonderful typist I will retype the gist of the letter.

 

Here goes.

 

Final Notice

 

Our agent has failed to make contact with you and as a legal requirement we must now inform you that 7 days from the date of this letter we intend to instruct our Legal Dept to review your account. This may involve applying for a County Court Judgement (actually it is Judgment when dealing with Courts) to be registered against you, if successful, dependent on your circumstances we will enforce the JUDGMENT by one or the following steps:

 

1. Instructing a bailiff or sherrif to remove goods from your premises

2. Obtain a charge against your property

3. Deduct payments directly from your salary through your employers (would rather resign than this).

4. Obtain payments directly from your bank account (can they do this)

5. Request yoru attendance at Court for examination of your financial means.

 

As a FINAL attempt to resolve this matter, in order to avoid the possible need to take LEGAl ACTION you MUST contact us NOW (thought I had with my recorded delivery letter)

 

I also have my recorded delivery signature confirmation which I am unable to get onto this site. Scanned but sitting somewhere in the machine I think!

 

Oh before I forget

 

One last quote from Lowells - You will be given no further warnings. Always yours Nigel Beaven, Collections Advisor

 

Any thoughts guys and girls.

 

FJ

Link to post
Share on other sites

I have quite a few of these letters on my Lowell file. The next one you get will be from the pseudo legal side Hamptons iLegal.

 

Same crap different notepaper.

 

Im not sure reading the thread which letter you actually sent our friends in Leeds. If it was the Statute Barred one then await their response to it. They must prove a debt is NOT statute barred. Its not up to you to prove it is, If it was the CCA letter they sent then they should not be demanding money without supplying the CCA.

 

The letters you get are standard computer generated threatomatics designed to intimidate.

Link to post
Share on other sites

Hi, Sorry to sound thick, but what is Statute Barred?

 

Fairy Jane, I've had all these letters from Lowells, saying they called etc.. and they are real bullies! Stick with it, as I think they are trying their luck!!!

 

I paid them a bill last year for a debt that they said I owed from seven + years back (very naive of me I know) just because of their scare tactics. I hadn't even any recollection of the debt, but they said it was from the same bank as my current one, so I quickly paid up! BIG MISTAKE!! I'll keep reading with interest...

Link to post
Share on other sites

Thanks. The letter I sent to them was the statute barred one as advised previously. As they signed for it on 3 January is there a time limit that I have to wait for before doing anything else. Does the 7 days time limit apply to Statute Barred letters or is that just for a CCA request which I haven't yet sent.

 

Regards.

 

FJ

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...