Lowell finacial/Lowell Portfolio 1

[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.

[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.

[ODC]

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

[ODC]

As I have said before WAIT and see what they actually come up with. If Mr Bartle was so sure that he could produce a Valid CCA along with all the prescribed terms he would not be offering a discount to you. The letter is designed to get you to pay up without seeing the CCA. If they produce a Valid CCA along with all the prescribed terms and you decide to pay them then there would be no need for a court case. He is using this as a threat to get you to pay now.

 

Just wait to see what if anything these idiots come up with and pay no attention to empty threats

[ODC]

Not only might it be Statute Barred but knowing CAP ONE the agreement may be no more than an application form which will NOT contain the prescribed terms

[ODC]

Pity Andrew Bartle didnt have proof of the alleged debt before he started chasing it. Even if they do manage to come up with some paperwork from CAPONE its very likely that this will just be an application form which does not contain the prescribed terms and is therefore U N E F O R C A B L E

[ODC]

Lowells are so predictable. Their threatomatics follow a pattern but like all bullies they are easy taken down a peg or two

[ODC]

Lowell Portfolio/Lowell Farcical/Red Debt/Hamptons are all trading names of the Lowell group. I suspect the use of so many names is more an attempt at tax avoidance and scarin g people into thinking they are more bigger than they really are. What it boils down to is the same garbage being generated by the same idiots using different notepaper.

[ODC]

"we're sending the boys round" one from them. I'm giving them the benefit of the doubt in that the correspondence may well have crossed, so the ball's still in their court.

That would be their imaginary, invisble hilariously named 'Licensed Field Agents'. They are a rare phenomena as NOBODY has ever seen them yet. They are I suspect a figment of Mr Bartles vivid imagination:rolleyes:

[ODC]

Looks like Andrew has failed again. Most old Capone agreements are unenforcable. Lowells will probably try to palm this off to their Kilmarnock pals in order to make a few quid. If MH get in touch you can refer them to Lowells who are in default of your CCA request.

[ODC]

Lowells seem to pass all their unenforcable debts to their good buddies Mackenzie Hall of Kilmarnock.

[ODC]

MH are the bottom feeders of this shameful industry. They pick up everyone's scraps and employ dubious methods to try to CONvince people to pay

[ODC]

The simplest way to deal with MH and indeed all DCAs is to refuse to speak to them on the phone.

[ODC]

Well now, I've had another letter from these guys and its a beauty! It starts:

 

"We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974"

 

I didn't send them a CCA request.

 

"We are also in receipt of the prescribed fee from you"

 

No, they aren't.

 

It then goes on to say they will endevour to comply in 12 days but that is dependant on receipt of information from the original creditor, and so on. The original creditor hasn't been able to comply with a cca request for someting like 3 years!

You could always ask them for a refund of your quid when they cannot produce the CCA:lol:

 

In a weeks time you will get a fantastic letter from them saying again that they have requested your CCA from their 'client' but offering you a great discount if you pay them within 3 days. They will go on to say that WHEN they get the CCA you will be required to pay in FOOL (sic)

 

A few days later you will get another screed saying that they are still waiting on their client getting the information but they are still happy to accept a reduced payment

[ODC]

I imagine they read this forum - hi guys - and I'm sure they could work out who I am if they want to so I probably won't have to reply to them directly. I think we'll wait and see what transpires.

Of course they read this forum. They even post on here as well. It must be disheartening for them to know what dispicable leeches we think they are working in their telephon threat centre.

[ODC]

Spot on! I got the first of these letters this morning, but they have corrected the spelling mistake. Have they thanked you for pointing it out to them?

Lowell are nothing if not predictable.

 

Now wait for the next one.

[ODC]

Bingo! Still looking for the agreement though.

Usually they send three of these letters out before they give up

[ODC]

Bye bye Lowells:D

[ODC]

Generally yes. Overdrafts are not covered by the CCA although Lowells should have some proof of the alleged debt. When did you last make a payment on the account

[ODC]

The HSBC one may be Statute Barred by now. The Barclays one is probably enforcable but as their may well be excessive bank charges on it you would need to SAR barclays to find out what charges they have added