Lowell finacial/Lowell Portfolio 1

[linz74]

Can anyone please advise me what to do, recieved two letters from this company saying that they had been instructed by there client lowell portfoli0 1 ltd to write to me in connection with outstanding balance capitol 1 card xxxxxx which was last payed in 2002 when I was ill from work I have since moved 4 years ago so they have now found me. they want me to phone to make a full payment or payment over an agreed term. at present I cannot do either if I ignore this letter they will us legal enforcement I am at my wits end as I only get sickness benefits and they dont stretch that far any advice would be welcome also the amount on the card was only about £700 many thanks inadvance

[saintly_1]

If the last payment/acknowledgement of the debt was in 2002 then it is statute barred

 

You can send them Letter M from here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Hope that helps

 

 

saint

[42man]

Can you remember exactly when you last made a payment in 2002 ?? Also Lowell view these boards so please take the exact amount off !!!! using the edit function.....a debt is statute barred if you have neither made any payment OR have not cknowledged the debt in 6 years.....and yes send them a CCA request as Saintly has said above - send it with a postal order for £1 - DO NOT HAND SIGN IT - and write across the top in big letters - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.....let us know if they respond...!!

[linz74]

Thanks for the advice I think the last payment made was august/september 2002 so it is not quite 6 years yet. do I need to phone them

[42man]

NO DO NOT PHONE THEM....(well done with the editing too !!)....get ALL correspondence in writing....DCA's will say ANYTHING to frighten you into paying !!! and if you then complain it 's a case of our word vs yours !!! unless of course you record your telephone conversations....take time to read some of the other threads.....good luck and keep us posted...

[Stretchmo]

Can anyone please advise me what to do, recieved two letters from this company saying that they had been instructed by there client lowell portfoli0 1 ltd to write to me in connection with outstanding balance capitol 1 card xxxxxx which was last payed in 2002 when I was ill from work I have since moved 4 years ago so they have now found me. they want me to phone to make a full payment or payment over an agreed term. at present I cannot do either if I ignore this letter they will us legal enforcement I am at my wits end as I only get sickness benefits and they dont stretch that far any advice would be welcome also the amount on the card was only about £700 many thanks inadvance

 

 

I dont want to hi-jack your thread. I got some great advice on my thread re Lowell. you should maybe have a look here.http://http://www.consumeractiongroup.co.uk/forum/general-debt/122926-help.html

[linz74]

Many thanks for the advice that everyone has given will get writing and keep you posted thanks again

[linz74]

Just a little update. posted letter to Lowell today asking for cca enclosed my quid now I guess will sit tight and wait for the 12+ 2 days to pass unless I hear anything else from them

[linz74]

Sent Lowell Financial request for cca on 4th February it was recieved on the 6th by them. Today I recieve this letter from them dated 7th which was yesterday no mention from them of my letter which they recieved by recorded deliver this is what they have written

 

Dear xxxxxxxxxxxx

In previous letters sent to you it was mae clear that unless an acceptable offer of repayment was made we take appropriate steps to recover the amount owing

As you have failed to contact us we may instruct an agent in your area to visit your home to discuss repayment of your account. unless you make contact with us in the next 48 hours our agent may contact you with a view to arrange a visit Monday to Saturday between the hours of 8.00am - 9pm.

to prevent the above action taking place you must contact us urgently so we can advise you accordingly 0844 844 4716

yours Sincerely

Andrew Bartle

Chief Operations Officer.

 

I have not phoned or anything only sent the request for the cca, they have only sent me two letters. I am a bit worried about this as I am disabled also live on my own and have be told these people can be very intimadating any help you can please help me with or advise will be greatly appreciated

[42man]

Send them something along these lines...

 

There is an implied licence under English 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.). Take note that I revoke licence under Common Law for you or your representatives to visit me at my property, and if you do will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you persisted in your threat, I will obtain an injunction.

[linz74]

Thanks very much for the advice will send this letter now do I send recorded and what happens in the mean time if they turn up on my doorstep

[42man]

Yes send it recorded Linz, keep the documentation, usually it is a scare tactic to try and get you to pay...but not unknown that they do....if you want to be really cheeky, go to the local police station and ask them to call the company and get the policman to ask when they will be calling round as he/she would like to be there !!!

[linz74]

Thanks again 42Man letter done and ready for posting

[Fairy Jane]

Where is the edit function. I have another thread going and have put amounts on it and want to take off if it isn't too late.

 

FJ

[saintly_1]

Edit is next to the Quote on your post

 

Have a look at the picture here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html#post1027630

[linz74]

Just an update whilst waiting for cca from Lowell. today have recieved letter from them stating they have recieved my request for cca also the prescribed fee. they say they are requesting this agreement from original lender but could take longer than the 12 days and will advise further if it will take longer. also a phone number to ring them if I have any queries (not likely). this of course was signed Andrew Bartle. now can anyone advise what I do from here or do I just sit tight and wait

many thanks once again

[ODC]

Dont worry about the CCA they may produce from Cap One. It is likely to be unenforcable as its probably an application form which is neither a properly executed CCA agreement nor will it contain the prescribed terms. Sit back and wait and see what rubbish they come up with.

[linz74]

will do thanks for the advice

[MrTWS]

Site closed

[ODC]

Mr TWS while I admire your campaign against our friends in Leeds I think I should clear up a misconception.

 

Just because a debt is Statute Barred does not mean it does not exist any more. The debt still exists but it is not legally enforcable. Lowell are entitled to ask for payment of it if they have legally purchased it. They are not allowed however to make out that they have any legal powers to enforce collection or that the non payment of the debt to them will in any way be reflected on your credit reference files. If someone pays Lowells any money against this Statute Barred debts the courts will assume that such payments have been made of their own free will and that Lowells are legally entitled to keep the money. Lowells are very careful in the wording of their letters and certainly stretch the legal boundaries to their limits but they must cease collection activity when informed that the debt is Statute Barred and the alleged debtor has no intention of paying.

[arcangel]

In my opinion I would question anything the Lowell Group does.

 

The EDITED.

 

They only employed a compliance officer in June 2007.

 

All Collectors are paid commission and may mislead you to receive a payment, they want money from you.

 

This company earns serious money and is backed by an American investment Company.

 

It buys debt from companies such as HBOS, HSBC, Barclaycard and others.

 

Alot of the information they receive is limited and could be

incorrect.

 

Demand -

 

1. copy of the credit agreement If the company is not able to provide this there is nothing they can do - no matter what they say.

 

Do not pay them a penny if this is the case!!!!!!!!!!!!!!!!!!!

 

Note IF YOU DOUBT YOU OWE THIS MONEY UNDER NO CIRCUMSTANCE MAKE A PAYMENT. - YOU ARE ACCEPTING LIABILITY OF THE DEBT IF YOU PAY THEM.

 

DEBT COUNSELLORS CAN HELP YOU - YOU ARE NOT ALONE!!

 

EDIT who is the Chief Operations Officer has a 20% stake in the company AND IS PROBABLY WORTH IN EXCESS OF 20 MILLION POUNDS. (Based on current valuation of Lowell Group)

 

Most of the people who work there are friends and family with out any kind of financial services background.

 

Alot come from a local mail order company and did not have any financial services background when they started for this company.

 

Remember -

 

They are not the law

They are not Bailiffs

EDITED

They donot care about you.

 

one last thing to remember!!!!!!

 

IGNORANCE IS NOT BLISS IN BUSINESS

[tomterm8]

I've edited this post, as it contains the names of employees, and also comments that might lead us open to potential libel actions.

 

Please refrain from posting the names of employees.

 

Further, doing a consumer credit agreement request will only make consumer credit agreements (other than excempt agreements) unenforceable. There are a large number of debts which are not regulated.

[linz74]

another update. today is 14 days since I sent request to Lowells asking for CCA since then it has not arrived but did get a letter from them stating it could take longer as they have to get it from cap1. were do I go from here just sit tight and see if it arrives any advice welcome thanks

[ODC]

Just sit back and wait and see what the clowns come up with

[linz74]

Just recieved another letter from lowells this is what they are saying

Following your recent request to be provided with a copy of original credit agreement in respect of the consumer credit act i can confirm our client capital i has requested that your credit agreement be retrieved from archive.

Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

In an attempt to resolve this matter in an amicable way I would like to offer you a settlement to bring this matter to a close.

As long as payment is with us by 23.2/08 I am willing to accept £487.60 as full and final settlement on your account. if payment is not recieved within the time we reserve the right to proceed to collect the full blaance.

I you want to take the offer and bring the matter to a close then please call the number below

signed andrew bartle

 

Any advice what I do now