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Lowell. Portfolio I Ltd


Saladin
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Hi everyone,

I'm very worried about a letter I have received from the above who I know are just a bunch of debt collectors and buyers of old consumer debts.

 

The letter states "We are trying to contact you regarding the address of (states my previous address in England, I moved back to Scotland about seven years ago). We have recently been supplied information that suggests you previously resided there.

It would be appreciated if you would contact us immediately on the telephone number provided below to confirm the update to your address details.

If we do not hear from you we will assume the information to be correct and update our systems accordingly.

We look forward to hearing from you and thank you for your cooperation in this matter.

Yours sincerely"

 

Now, it's a long story, but in the very early 90s I was divorced, out of work and unable to pay my mortgage. I foolishly let my house to a couple who simply saw me as six months free rent. They paid the first month and that was it. They knew I had moved into my Mum's to try and keep my head above water and find work and just took full advantage knowing i could do nothing. Because I was no longer resident, naturally, Income Support refused to pay the interest. The house was repossessed and I was taken to court etc etc. The upshot was on arrears of les than £3000 I ended up owing £17400. It took me over 15 years to clear the debt.

 

About the time the building society repossesed my house, Barclays took me to court for non-payment of my credit card debt and for being unable to clear my current account overdraft. They obtained two separate judgements against me in 1992 in the name of Barclays Bank and another for their VISA operation. I think for the sum of £4000 in total by the time they added on their court costs etc. I heard nothing else. Well, I was out of work and homeless so what was the point. They knew this.

 

I suspect from other posters that Lowell now own one or other of these debts. That this fishing letter is just the first in what will be a long campaign of harassment and intimidation.

 

As I said, I moved back to Scotland in 2000 so the jurisdiction has changed but I understand that this matters very little.

 

I am in work and have rebuilt my life. I now no longer have any personal loans and repay credit card debt each month. My current account is in credit to a small sum and I have about £25 each month being paid into an endowment with a friendly society. I do not own a house or other property and run a six year old car worth about £800.

 

What I value most has been my tenacity in holding on and repaying the old mortgage debt off in full despite the fact it was so unfair. I realise that the Barclays debt was a separate matter and the VISA debt another matter entirely. But I can't shake this feeling of utter desparation. I truly thought I had put all this behind me.

 

The difference now though is that in the past I was so ashamed about my failure and fall from grace that I meekly complied with whatever debt collectors demanded of me. I felt crushed and intimidated by their letters and bullying phone calls. Now I'm getting angry!

 

I want to fight these people and I am asking forum members for help.

What rights do I have (if any)?

What strategy should I use?

Should I offer to buy the debt off and if so for how much?

Can I demand from them proof of the debt and who now officially owns it?

Can I find out how much they paid for the debt?

Is the Scottish court system likely to be an ally or a hinderence?

 

Please help.

Regards

Saladin

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Hi Saladin and welcome to CAG. I'm going to move your thread to the Debt Collection Forum as I feel you will get more help there. I assume you have heard nothing on the CCJ's since they were granted against you in 1992, is that correct?

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.

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That's correct. It was part of a bundle of actions against me all at the same time. I think they may have been even earlier than 1992. Anyway, I recall being bullied by a variety of companies such as Wacks Caller, Intrum Justitia, DLA Piper but this was all in relation to the outstanding mortgage debt with a building society.

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Complete and utter phishing trip.

File under IGNORE until they can come up with anything concrete.

Lowells seem to of "purchased" a shed load of really old B'cards accounts and they are trying to make a fast buck.

 

A debt this old is defiantly statute barred and unenforceable.

Be VERY careful whose advice you listen too

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Okay the bad news on CCJ's is that they don't become statute barred. The good news is that as the judgement is over 6 years old and they have not enforced it in those 6 years they would need the permission of the court to enforce the debt. They would need to provide the court with a good reason as to why they have not previously enforced it in order for the court to grant permission.

It would be appreciated if you would contact us immediately on the telephone number provided below to confirm the update to your address details.

I bet they would appreciate it. NEVER phone DCA's. I would wait and see if they come up with anything more concrete. Lowells are renowned for by debts that are either statute barred (hoping the debtor is not aware of this) or debts that are legally very difficult to enforce.

 

If the debt is not subject to a CCJ then it would be statute barred after 6 years - either way file this letter 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.

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Are you definitely sure about that Curlyben?

I am about to go rooting about my old papers in the vain hope of finding something from the County Court concerned in London, but if what you say is true that is fantastic news.

I don't mind telling you that this has got me really quite worried and my new wife is worried also. Because of my problems with debt in the past I have been really, really careful with money and had hoped I had put all this behind me.

The good news is I have not replied to the letter received in any shape or form!

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Thanks rory.

It was nice to think even for a short period I might just be able to tell them where to stick their letters.

OK, so in reality I have to sit tight, do and say nothing and then fight any action they might bring to have the matter struck out?

I suspect they buy these things by the shed load for a few quid per £100 so it's unlikely that they will single me out for special treatment unless I volunteer information.

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Yes they seem to have bought a lot of accounts from the 1990's at the moment, in all likelyhood for a few percent of their value in the hope of collecting on a few of them.

OK, so in reality I have to sit tight, do and say nothing and then fight any action they might bring to have the matter struck out?

Have they actually identified the account so that you know whether it is one with a CCJ or not? After getting the CCJ reinforced (which they probably can't do) they would have to bring any legal action against you in Scotland as this is where you now reside. It is highly unlikely that they will want to do this.

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.

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To put this into perspective, 6 years after a CCJ is granted and not enforce they need the permission of the court to enforce - this may be granted if there is a good reason why it couldn't previously be enforced. This account however is at least 15/16 years old and has never been enforced.

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.

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Well, I will have to check but they have put a reference number on the letter. They have asked me to quote this specific reference when calling them. It could be the court reference or probably a Barclaycard Visa reference.

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It's more likely to be Lowell's reference for the account than anything else. Usually DCA's assign a reference number of their own to an account.

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.

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Thanks Rory.

There was no attempt on my part at that time to evade them. Barclays knew full well that I had returned back to my Mum's address and I lived there right up until moving to Scotland in January 2000. During this time I was in and out of work, usually low paid jobs, but not at any time did I try and evade my responsibilities. The fact is I was pretty well washed up at that time along with 3m others.

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Hi everyone, Saladin here again.

 

Today I received the follow up letter from Lowell. Portfolio I Ltd dated 14th January but not received until today. It states as follows: -

 

Dear Mr Saladin,

 

Our Ref: 9*******

Original Creditor: Barclaycard

Balance Outstanding: £2,***.**

 

We write to inform you that your Barclaycard account, reference number 4*********** was sold to Lowell Portfolio I Ltd on the 14th December 2007. We have appointed Red Debt Collection Services as duly authorised collection agents to recover the outstanding balance.

 

It is our aim to work with you to clear the indebtedness you currently have with us, by either agreeing a settlement or a repayment plan. You will find we have many flexible repayment plans designed to suit your current financial circumstances.

 

Please call the number below where one of our experienced advisors will assist you in finding the ideal option for you.

 

PAYMENT CAN BE TAKEN OVER THE TELEPHONE BY EITHER DEBIT OR CREDIT CARD - 0844 844 4726

 

Please note all future communications and payments must be addressed to Lowell Financial Ltd at the address below:

 

Red Debt Collection Services

PO Box 203

Leeds

LS11 1BG

 

PLEASE CONTACT US IMMEDIATELY TO DISCUSS YOUR ACCOUNT

 

Yours sincerely,

 

Andrew Bartle

Chief Operations Officer

 

Well, I have checked what records I hold and note that my CCJ was granted to Barclaycard Visa Services in October 1991 in Northampton County Court (the home court of Barclaycard Visa) at a time when I was physically resident in West London.

 

No attempt was made to enforce this judgement from the time of its issue.

 

As I have said, I moved back to Scotland in January 2000 and my name appears on the electoral register for all of my previous addresses and up until 1996 I did make payments to a separate CCJ in favour of Barclays Bank plc.

 

So what now? Do I fire off the "Letter N" (where a creditor has not contacted you for over six years) which makes reference to the Limitation Act 1980 or make reference to the Prescription and Limitation (Scotland) Act 1973 and point out that the jurisdiction has now changed that they have a CCJ not a decree and that more than 5 years have elapsed since contact was made (16 years in my case).

 

Hope to hear from the real experts soon!! In the meantime, I will ignore the letter and hold myself "incommunicado".

 

Kind regards

Saladin

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  • 1 month later...

Hello Everyone,

I just thought I would spend a few moments to bring you up to date with my struggles with Lowell Portfolio I Ltd and its twin sister Red Debt Collection Services.

 

To recap, in January I received a "phishing" letter from LPI quickly followed by two threatening letters along the lines of "this problem will not disappear" and "we will instruct our specialist recovery unit". You know the routine - bully, harass and then offer an escape - "You will find we have repayment plans to suite EVERY budget".

 

I first downloaded standard letter "M" advising the debt was time barred. They ignored my letter. I sent another and all they did was instruct Red Debt so I sent them one too.

 

Finally, fed up with that game, I went to see my local CAB, explained the situation and handed them copies of my letters. The CAB wrote to LPI and RDCS on my behalf inviting them to discuss quite how they intended to collect an unenforceable debt.

 

Then silence.

 

Today I received the following letter fro RDCS: -

 

"Dear Saladin,

 

Our Ref: 91******

Original Creditor: Barclaycard

Balance Outstanding: £0.00

 

I am writing to inform you that after further examination of your account it has become apparent that it is now subject to Section (5) of the Limitation Act 1980 and as such we have now closed the account and can confirm that no further correspondence will be sent to you.

 

Please accept my apologies for any inconvenience caused by this matter.

 

Yours sincerely,

 

Andrew Bartle

Chief Operations Officer"

 

Total victory.

 

I owe this total victory to the public spirited and fine minded folk of this excellent forum.

 

Frankly, without your help I would have called up and struck a deal to repay thousands of pounds on a debt I no longer owed.

 

I would like to extend to you all my gratitude and sincere thanks and those of my wife too.

 

It was the solid advice and support received on this forum which gave me the courage to write to these leaches and tell them to "boil yer heid". I urge everyone reading this to follow the advice proferred -

NEVER CALL THEM UP

NEVER DISCUSS TERMS

NEVER GIVE PERMISSION

NEVER ADMIT A DEBT IS OWED

STICK BY YOUR GUNS

 

Cheers Everyone

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