Lowell/red Threatening Court Action

[dizzydeedee]

PLEASE HELP!!!

 

Lowell had been collecting a debt on behalf of HSBC (which was from over 6 years ago and didn't realise all the ins and outs regarding a debt from so long ago, but i obviously started to pay hence them chasing now)

 

I originally set up to pay by direct debit. However my partner lost his job so I had to cancel the direct debit as I couldn't pay.

 

Then I sent a financial statement asking if I could pay a lower amount. They agreed and so I allowed the DD to be set back up. According to my bank it was never set up again, so I rang them (lowell) and they said they had received the payments. I argued this was not a payment from my account but they were adamant.

 

I then received a letter saying I had failed to pay, and when I rang them they said I had cancelled the second DD (which i certainly didn't, it was never re-started).

 

I made a payment with my debit card, then I received a letter saying due to an error they had lost the card details they had for the continous payment. I was quick on the phone as I never ever said they could set the card up. I was told that I needed to make another payment, then the details would be used to take the amount each month.

 

I was/am willing to pay this, however I wasn't willing to set up the continuous card payments or another direct debit. I told them i would use different cards to pay each month (i have 2), and they said no, i had to set up the continous payments from one card or they would take me to court for a ccj and extra charges.

 

They now will not allow me to pay the amount I was paying as I am unwilling to pay using my card (as i dont want them keeping my card details and i am worried they will), but I have asked them to send out payment slips.

 

They wont do this and now will not let me pay unless I pay how they want - continous card payment automatically done OR a direct debit.

 

I have received a letter from RED on behalf of Lowell who have said unless I make payments they are issuing a court claim.

 

Where do I stand?

 

What if i didnt even have a bank account? Surely they have payment slips??

 

And if a court claim is issued, do I have the chance to tell the judge my situation or is it done without me knowing until I am being demanded to pay a CCJ?

 

Help?? Please!!! I dont like being threatened.

[Curlyben]

My "favourite" people.

Right then a few more details would be helpful.

Is this for a bank account or a credit card as there's some things to bear in mind. ?

[dizzydeedee]

It was for an HSBC account I had. Basically I was working and had wages paid into the account I had with them, but then I finished with that company. On pay day i drew the money out to buy things I needed for my home. But on the same day the comapny withdrew part of the wage they had paid. The first I knew about this was when I received a letter saying my account was extremely overdrawn. I rang the bank immediately and asked them why this was, and they explained the above. I argued with them that this should not have been allowed to happen, that I should have been contacted if they had over paid me to arrange paying back. But they say they can do it on the same day as the money goes in.

 

Then I never heard anything until last year when i was 25, it was 6 years later!! I panicked and its just gone from there really

[Curlyben]

Ok don't panic.

RED's letters are designed to scare, and they sound like they have done a good job too.

 

Now get a SAR into HSBC and go for the inevitable charges on the account.

They'll try and fob you off saying it's over 6 years, but that doesn't matter.

 

Once you have sent the SAR then send this to Lowell/RED.

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Should keep them off your back while you complete your claim.

[dizzydeedee]

What is an S.A.R? How do i do that? and what if RED send me to court before i get chance to do anything?

[Curlyben]

A S.A.R - (Subject Access Request) is a request under the Data Protection Act for personal information.

You'll find a letter here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

In fact the whole process can be found here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Now RED's bark is WAY worse than it's bite.

Lowells are a bit "confused" over their identity.

There are 3 main names they use.

Lowell, RED and Hamptons.

 

The automated nastygrams start with Lowell, then a few from RED, then some pseudo legal ones from Hamptons and back to Lowells again to start over.

 

Now IF they knew they had a solid case they would of served papers on your already.

As they haven't is an extremely good sign.

 

I can relate to your worries as we where all there at some point dealing with these "people".

 

I forgot to mention NEVER talk to them on the phone as they will say anything to secure payment.

 

If you do answer the phone to them then refuse to answer their security question and state that you will only deal with this matter in writing for the avoidance of doubt.

[dizzydeedee]

Do i send this to the branch I had the account with or is there a main place for HSBC i would send it to?

[Brassed off]

Hi Dizzy

 

This is the address for the SAR to HSBC (taken from the stickys at the top of the HSBC Bank Forum;))

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Good Luck

 

Bo:)

[dizzydeedee]

Thanks

 

I do apologise for asking so many questions, but obviously I have to understand what I am doing.

 

Can you tell me please, as this is from over 6 years now, if they say they cannot provide the information, where do I stand then?

 

Also, how do i know what charges are and aren't acceptable?

 

Many Thanks

[sillygirl1]

The debt should then be statute barred, and they cannot enforce the debt in court - the statute barring (so I have been reliably told by a person working in the court system) should start 6 years from the last payment made, they CANNOT get the clock ticking again on the 6 years and keep it ticking forever (which is what they will tell you) and so you should have CCA'd them when the debt first arose...

 

Any payment made after the 6 year limit is deemed 'payment in kind' and should not be taken as admission of the debt if no correspondence had been entered into in writing by both parties hadn't happened within the 6 year period.

 

If this goes to court you have a very good case as Lowells are known to buy statute barred or nearly statute barred debts and rely on consumer ignorance to collect money on debts they should not be collecting on.

[dizzydeedee]

When trying to reclaim charges etc, what is deemed a suitable charge?

 

The latest from Lowell is a letter this morning.

 

Amount outstanding £170.83

DEAR MISS *****

 

WE HAVE NOW REFERRED YOUR ACCOUNT TO OUR CLIENT FOR THEIR AUTHORISATION THAT LEGAL ACTION BE COMMENCED AGAINST YOU AND WE EXPECT AN ANSWER FROM THEM WITHIN THE NEXT 10 DAYS.

 

IF YOU CONTACT US NOW AND NEGOTIATE SETTLEMENT OF YOUR ACCOUNT BY WAY OF FULL AND FINAL SETTLEMENT OR A MONTHLY RE-PAYMENT PLAN WE WILL SUBMIT YOUR PROPOSAL TO OUR CLIENT AND AWAIT THEIR DECISION. THIS WILL ALSO DELAY OR HALT ANY POTENTIAL LEGAL ACTION BEING TAKEN AGAINST YOU WHICH MAY BE BY WAY OF BANKRUPTCY PROCEEDINGS SHOULD YOUR BALANCE EXCEED THE INSOLVENCY THRESHOLD.

 

WE DO NOT INTEND TO CORRESPOND WITH YOU FURTHER REGARDING THIS MATTER, UNLESS YOU ENTER INTO AN AGREEMENT WITH US FOR RE-PAYMENT OF THE DEBT. ANY FURTHER CORRESPONDENCE MAY THEN BE FROM THE COURT IF LEGAL ACTION IS COMMENCED AGAINST YOU (IF THIS IS SEEN AS A VIABLE OPTION) OR FROM A LICENSED FIELD AGENT WHO MAY CALL AT YOUR PROPERTY DURING A PERIOD TO BE NOTIFIED TO YOU TO EITHER COLLECT THE OUTSTANDING DEBT OR ASSESS YOUR MEANS WITH A VIEW TO CONTINUING WITH ANY PERMITTED ACTION TO RECOVER THE DEBT

 

CALL NOW ON TELEPHONE NUMBER 0844 844 3742

YOURS SINCERELY

 

JONATHAN PADGETT

RECOVERIES DEPARTMENT

 

 

 

As I have said previously it was from a while ago anyway, and I can say 100% it was in year 2000 definitely before october of that year (as i was pregnant at the time)

 

I am going to send the SAR off and the letter to RED also stating that i revoke license for them or their representatives to visit me as implied under english common law, as wel as informing them i have sent off for the SAR.

But as i keep asking (probably cos i just dont have a clue) what exactly do i look for when i get that back, assuming they send it back? and if they dont send it back and lowell start chasing again do i have a leg to stand on or do i just have to pay?

 

Thanks everyone

[dizzydeedee]

AS PER OFT GUIDELINES SECTION 2.8K ''NOT CEASING COLLECTION ACTIVITY

 

 

Doesn't that read wrong? if not to cease then it means it can continue??

[Curlyben]

Hold fire with any sort of communication with RED for now.

 

It is NOT our place to say whether a charge is suitable or not.

We simply ask for ALL of it back.

 

You say this account was from 2000, I have a couple of questions on dates.

 

1/ when in 2000

2/ when did you start paying Lowell

3/ when was the last payment to Lowell.

 

Rough dates will be find, so Month/year.

 

Not RED are threatening bankruptcy, this is IMPOSSIBLE as the minimum for this is £750 and normally it's only used over £5,000.

 

i see what you mean about the OFT guidelines, but that's a direct quote.

 

Makes more sense when read in whole.

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

[dizzydeedee]

It would have been june/july in 2000

I started paying lowell last year, probaby near to the beginning

the last payment i made to lowell was october 2007

[Curlyben]

nuts seems they got in just before it went SB.

Oh well, get the SAR to the bank and go for the charges.

RED/Lowell, MUST cease collection until this is resolved.