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    • You need to choose between ET and small claims, you cannot do both. For straightforward wages I'd go small claims. Faster and less messing about. Advice here Employment claims in the civil courts - Working Families WORKINGFAMILIES.ORG.UK Some types of employment-related claims can be brought in the civil courts, rather than in an Employment Tribunal. This advice page offers a high level...  
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I've been Lowelled


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A month or so ago I had a telephone call from someone asking me if I'd lived at a previous address they gave. Being a bit flustered at the time and in the middle of some tricksy work stuff I didn't have my wits about me to enquire why a total stranger was ringing me up asking personal questions. As it was, I hadn't ever lived at the address stated (or even in the county stated!) and relayed that info and ended the call.

 

Didn't think anything more of it until a letter from Lowell Portfolio hit asking me to get in touch to 'update' my address details. I gave that the attention I felt it deserved and filed it in the bin.

 

Now it gets interesting. I'm signed up to a service which sends me an alert if there's any change in my credit file. I received such an alert and on checking my file with experian saw that I'd been searched by a debt collection agency I'd never heard of.

 

Today I received 2 letters from Lowell Portfolio asking for repayment of 2 separate Barclaycard debts totalling nearly £4,000 between them. This came as somewhat of a surprise to me since the only Barclaycard I've ever owned I still have in my possession and it has a balance of ZERO.

 

It would seem that Lowell have done a search on me (my credit report is clean). Now I was under the impression that this was unlawful unless I've given permission to do so.

 

Naturally I'm going to fire off the standard template letter to these bottom feeders demanding to see the CCA but after doing some research on these idiots I feel that the situation really warrants something more than simply sticking my ground and demanding my statutory rights.

 

So....is there any precidence or basis for going after them for compensation should they fail to provide the relevant CCA on request (which they won't be able to do as they have either invented the debt or got the wrong person)? I would prefer to hit these mouth breathers where it obviously hurts them - the wallet. If they follow the path with me that they seem to be following with other people I've read on here and in other places, would I have a case to sue them for harassment?

 

I'd really love to turn the tables and go after the bar stewards for some of THEIR money. Failing that I'll post copies of their letters with their server IPs, along with a good sob story on to the messageboard of every data packeting script kiddie I know of who, in my experience, love a good tale of social injustice as it gives them an excuse to do what they love.

 

I'm guessing [edited] like Lowells and all their various in-house incarnations must be raking it on from the poor souls who don't know better and cave in under the harassment. That thought alone makes me want to hurt these *$"£"(*£ in every legal way at my disposal.

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And report them to the Office of Fair Trading - this will help to get their consumer credit licence taken away.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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No need to CCA this lot - waste of a squid - but send them the prove it letter and tell them no further correspondence until they do. Ask them for their complaints procedure and tell them to remove your telelphone numbers from their database.

 

Failure to comply with complaint procedure request lets get straight to the Financial Services Ombudsman (FOS). Failure to comply with a complaint procedure request can be added to their other failings.

 

Failure to comply with your request to remove phone numbers is a matter for the Info Commissioner (misuse of data), the telecomms regulator (misuse of telephone system) and possibly even the police (criminal harrassment)

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No need to CCA this lot - waste of a squid - but send them the prove it letter and tell them no further correspondence until they do. Ask them for their complaints procedure and tell them to remove your telelphone numbers from their database.

 

Failure to comply with complaint procedure request lets get straight to the Financial Services Ombudsman (FOS). Failure to comply with a complaint procedure request can be added to their other failings.

 

Failure to comply with your request to remove phone numbers is a matter for the Info Commissioner (misuse of data), the telecomms regulator (misuse of telephone system) and possibly even the police (criminal harrassment)

 

Ahhh good idea. I don't want to waste £1 on these idiots for something I know for a gold-plated, sure-fired, oven-ready certainty they don't have.

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I think its better to send them the Statute Barred letter. This leaves them in NO DOUBT. It also puts the burden of proof on them PLUS :D It leaves them open to a complaint to the OFT for breaching the OFT Guidelines if they continue to press for payment

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That must be a new word for the dictionaries.

 

To Lowell someone could allegedly mean To behave as if you have a legal right to enforce a Statute Barred Debt. e.g. They did a Lowell on me about that 22 yr old Barclaycard debt that I havent acknowledged in the past 16 yrs.

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I got yet another one from them today for a different amount with a different ref and i know one of them isn't mine!!!!!
But you have probably a similar sounding name to someone Lowells think may owe them money and their highly sphisticated system has selected you to be its next victim. Just pay up. Lowells dont make mistakes. They are a very professional outfit. Well it must be true its on their website.:rolleyes:

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Actually, thinking back, the two debts which I was 'Lowelled' over went the distance very quickly - in fact Lowells 'handed in their resignation' within days after the deadline for my CCA requests had passed. So they must be aware how 'vulnerable' their position is and ready to act to protect their reputation if someone fights back.

 

What worries me is the people who don't retaliate and who have been forced to pay unenforceable and statute barred debts.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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If [edited] like Lowells and all their various in-house incarnations are raking it on from the poor souls who don't know better and cave in under the harassment then I want some of the action!Why dont WE form a company? We can then collect debts and pay OUR debts off. Sensible really!Mr Sensible

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  • 2 months later...
I think its better to send them the Statute Barred letter. This leaves them in NO DOUBT. It also puts the burden of proof on them PLUS :D It leaves them open to a complaint to the OFT for breaching the OFT Guidelines if they continue to press for payment

 

I had a debit with Barclaycard and as far as i was concerned it was paid of in about 1997!! I received a letter last year, followed all the advise about it being statute barred and after receiving multiple calls actualy spoke to a "human" who told me that this would be the end of the matter and it was considered closed

 

Two weeks ago the saga started again from ANOTHER COMPANY! except they werent so freindly -the more annoyed i got the more aggressive they got. Comments along the lines of "I dont care if the Statute stops us taking you to court, there is nothin preventing us phoning or writing to you everyday if we want". As it happens I havent heard anything more yet but since last time it took 9 months i cant be certain thats the end of it.

 

 

. So if i threaten them under the Harrasments act and say its statute barred should i go back to Barclaycard? My only concern would be re-opening communications with them might give them grounds to overturn the Statute of limitations act??:evil:

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Subscribing...

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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No you cannot overturn the limitation by telling them to get lost. It probably won't stop some other bottom feeder buying the debt for 50p when you are claiming your old age pension, and trying it on yet again. I am waiting for my unenforceable debts to reappear under a new identity, but this time I am ready for them.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I had a debit with Barclaycard and as far as i was concerned it was paid of in about 1997!! I received a letter last year, followed all the advise about it being statute barred and after receiving multiple calls actualy spoke to a "human" who told me that this would be the end of the matter and it was considered closed

 

Two weeks ago the saga started again from ANOTHER COMPANY! except they werent so freindly -the more annoyed i got the more aggressive they got. Comments along the lines of "I dont care if the Statute stops us taking you to court, there is nothin preventing us phoning or writing to you everyday if we want". As it happens I havent heard anything more yet but since last time it took 9 months i cant be certain thats the end of it.

 

 

. So if i threaten them under the Harrasments act and say its statute barred should i go back to Barclaycard? My only concern would be re-opening communications with them might give them grounds to overturn the Statute of limitations act??:evil:

Tell the idiots the debt is Statute Barred. If they continue to pursue it make an Official Complaint to them, TS, the OFT and your MP

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That must be a new word for the dictionaries.

 

To Lowell someone could allegedly mean To behave as if you have a legal right to enforce a Statute Barred Debt. e.g. They did a Lowell on me about that 22 yr old Barclaycard debt that I havent acknowledged in the past 16 yrs.

 

Sorry, I know its off topic, but that really made me laugh :lol:

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