Lowell Portfolio - Help! Im not sure how to proceed???

[Confused123]

Can someone please give me some advice.

I recieved this letter yesterday;

 

Dear xxxx

Original Address: xx xxxx xxxxxx xxxx

 

We are trying to contact you regarding the above address. We have recently been supplied with information that suggests you previously resided there.

 

It would be appreciated if you would contact us immediatley 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.

 

Yours Sincerely

Simon Armitage

Customer Account Manager.

 

I rang the number today and confirmed that i did live at the address stated for a few months. The guy i spoke to then proceeded to rudley tell me that i owe £924 and it needed to be paid immediatley.

I asked who i owed the £924 to and the guy said it was originally to HFC bank in december 2003. He said a payment was made in dec 2003. I did not recall ever owing money to HFC so i asked him to provide me with somemore information.

He said he would request information but that as i was asking for it then when the information did arrive i would then HAVE to settle the debt in full immediatley. Again i informed him that i would not pay anything that i did not have any knowledge or proof of. He told me the confirmation details of the debt would be sent out to me.

 

What do i do now? Im not sure what the debt could be as it was 5 years ago??? He told me that if the balance was not paid in full on receipt of the confirmation then they would either;

Proceed with Litigation action or

Set up an attachment of earnings?????

 

I am so annoyed by this! I have only lived at my new home for 6 months and before that i had lived at 2 addresses since the one mentioned in the letter. How did they track me down??

 

Any advice would be greatly appreciated! The guy was so rude and threatening, i can see how they get the money back!! :mad:

[Curlyben]

NEVER talk to these "people" over the phone as they will say anything to secure a payment.

 

These phishing letters are a well known tactic of Lowell and should of been ignored.

 

As and when they come back with more information let us know and we'll assist.

[postggj]

All I Can Say At The Moment Is Take A Deep Breath And Relax.

This Is Standard From These People.

What You Have To Realise Is These People Are On Commission

Wait And See If They Send You The Details And Then Get Back To The Forum For Advice.

If They Dont Send Anything And Then Get Heavy, The Next Step Is To Send A Cca By Recorded Delievery With A £1 Postel Order. NEVER SIGN ANYTHING

This Will Then Confirm Any Agreement,

Debt Collection Agencies Cannot Send Baliffs Etc, They Are A Private Company, And Only The Courts Can Order Attachments Of Earnings Etc.

I Am Being Blut Hear But Treat Them Like Dog Dirt Under Your Shoe For The Moment.

Remember They Have No Court Authority, And No Matter What They Say, Come Back Hear And Plenty Of People Who Have Been Through This Will Offer Advice.

Remember ,we Have All Been Through This, You Just Have To Know How To Deal With Them Within The Law.

 

NOW THAT CURLYBEN HAS TAKEN AN INTREST, YOU ARE IN SAFE HANDS

[Confused123]

Thanks for that.

Also I had a mortgage last July and at the time requested a copy of my Credit Report. There was no mention of this debt against my report, no late payments or anything. Can they add a default on now after 5 years??

[postggj]

Wait Until You Have Your Cca

The Default Could Be Invalid Or Statute Barred

As You Say You Dont Know Of This Account, The Onus Is On Them To Prove It.

If You Did Have An Account, The Account Would Be Statute Barred If No Payment Or Acknowledgement Was Made From The Last Transaction On The Account. IN THE PREVIOUSE 6 YEARS

In A Nutshell , They Can Whistle For It

[Curlyben]

The Next Step Is To Send A Cca By Recorded Delievery With A £1 Postel Order.

Sorry but NO it isn't.

We wait and see if Lowell have anything to say for themselves.

CCA is NOT a cure all for all issues.

 

NOW THAT CURLYBEN HAS TAKEN AN INTREST, YOU ARE IN SAFE HANDS

Please take your own advice here and leave this to people that know what they are talking about, and how to turn their CAPS lock off !!!

[postggj]

i did say wait until and if they send you the agreement

many appologies

pass over to curly

[Guest Old_andrew2018]

Hi Confused123

any further correspondance from lowells

[oz26]

Hi

I am having the same problem - I live In Australia but lived in England up until 2004

My mother in law has been receiving letters from Lowell Financial regarding an outstanding amount with Egg card for 1262.85pounds I do not know of this debt - but my mother in law states that she just kept ignoring these letters - she told them when they rang that i did not live there and even my niece who is a solicitor sent them a letter confirming I did not live there - she received many phone calls apparantly 5 in one day - so she was very upset and by now concerned that the baliffs were going to call on her - as one of the people from Lowell explained that they would come to this address and take goods to the value outstanding - she then gave them my address here in australia and sent me the letter - i have received a postcard but just ignored it - she is now stating that unless i do something she will get the police onto me - the letter she sent is dated november 2007 - what do i do - do i ring or write and will they leave my mother in law alone or will they continue to harass her - i now have her brother (my step uncle) sending emails telling me to do something or else

what do i do.

[Confused123]

Hi Guys,

 

Recieved another letter on Friday. This time from Lowell Financial acting on behalf of their "client" Lowell Portfolio.

Basically urging me to pay up. The debt wont go away blah blah blah!

What should I do now??? Curly Ben your help would be appreciated!

I have not acknowledged the debt and I am truly unsure as to what the debt could be?

Question.. Can Lowell place a default on my credit file for this debt?

[Curlyben]

So they are still not identifying what this debt relates to ?

 

In which case I would send them a "Prove It" letter for openers.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Confused123]

Nope, they have not once mentioned where the original debt came from, they have only stated thats its for HFC bank for £900.

As far as i can tell HFC provide finance for other high street companys like Currys etc but I have no memory of ever dealing with them!

 

Thanks for the letter Curlyben, will get it sent recorded delivery today. I am so mad that they ignored my original request to prove what the debt was for!! COWBOYS!! :mad:

[ODC]

Hi

I am having the same problem - I live In Australia but lived in England up until 2004

My mother in law has been receiving letters from Lowell Financial regarding an outstanding amount with Egg card for 1262.85pounds I do not know of this debt - but my mother in law states that she just kept ignoring these letters - she told them when they rang that i did not live there and even my niece who is a solicitor sent them a letter confirming I did not live there - she received many phone calls apparantly 5 in one day - so she was very upset and by now concerned that the baliffs were going to call on her - as one of the people from Lowell explained that they would come to this address and take goods to the value outstanding - she then gave them my address here in australia and sent me the letter - i have received a postcard but just ignored it - she is now stating that unless i do something she will get the police onto me - the letter she sent is dated november 2007 - what do i do - do i ring or write and will they leave my mother in law alone or will they continue to harass her - i now have her brother (my step uncle) sending emails telling me to do something or else

what do i do.

This is incredible. You say your niece is a solicitor, She is not very good at her job otherwise she would have wiped the floor with Lowells and their unlawful threats. What on earth is your aunt going to get the police on you for?? Debt is a civil matter. I would suggest your aunt contacts Lowells in writing and makes an official complaint and that her niece the Solicitor studies the law in relation to Baliffs and CCJs.

[MrTWS]

Site closed:)

[oz26]

This is incredible. You say your niece is a solicitor, She is not very good at her job otherwise she would have wiped the floor with Lowells and their unlawful threats. What on earth is your aunt going to get the police on you for?? Debt is a civil matter. I would suggest your aunt contacts Lowells in writing and makes an official complaint and that her niece the Solicitor studies the law in relation to Baliffs and CCJs.

Thanks for this - I think its just my aunt saying this to stir things up - i get the impression that they have been jealous of me coming to Oz - i agree if my niece (a solicitor) had replied she should know about the law - or like you say she can't be very good in her job - I will be replying with the letter given previously - thanks for your help

[Confused123]

Ok sent the 'prove it' letter to Lowell recorded delivery 18.02.08. Had a letter back from them on 23.02.08 saying they will contact HFC to gain proof of debt but cannot give me an exact date.. Blah, blah, blah.

 

Anyway it went quiet but last night i came home to a letter from Lowell Financial;

 

We write in respect of the above debt, which, as previously notified in writing we have purchased from HFC Bank Ltd.

We are now entitled to receive payment of the balance of *** from you and enclose a copy of your agreement as requested. Neither HFC Bank nor ourselves are aware of any reason for non-payment.

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice.

 

Great... You do that!

 

I dont have access to a scanner to upload the 'credit agreement' but just to describe it.

There is only 1 page, at the top it says 'Personal Loan Agreement- On Trade' 'Credit Agreement regulated by the Consumer Credit Act 1974'

 

It says in small print underneath that it is an agreement between HFC and me the customer on the terms set out below and on the accompanying page (there isnt one!!)

 

It goes on to give my name and address, a breakdown of the items that were purcashed, a block of 'important information' on how i have a right to know how they will use my personal details, my signature, a signature on behalf of HFC and then a direct debit mandate at the bottom with all my bank details etc.

 

Now a few times on the 'agreement' it mentions details that are included on page 2 but Lowell have only sent 1 page.

 

I really wish i could upload it but i cant.

Curlyben your help would be appreciated! If need be i can fax a copy to someone to look at??

 

Need to know what the next step would be.

[Curlyben]

So is that all they sent.

No statements or anything ??

[Confused123]

Nope, no statements. Just a page mostly made up of the direct debit mandate and a breakdown of the items purchased. The only real information is regarding how they will use my personal data and they or other related companies may contact me to offer me products etc.

No payment was ever made to them i know this for sure. The agreement was dated 05.12.03. So it was set up but payment was never taken.

My bank details didnt change, so its a strange one??!!

[Curlyben]

What exactly was this for.

Is it a store card or a fixed value loan ?

[Confused123]

It was finance on a computer from PC world. The agreement was for just over £1000 before interest.

After the breakdown of items included in the computer package it gives a total cash price of goods, then states the number of repayments, then the total amount payable including interest and then the monthly repayment.

[Confused123]

So looking at it i would class it as a 'fixed value loan'

Are there specific tems and conditions that need to be included on that page to maje it legally enforcable?

There is def a page missing, im hoping that all the legal stuff is on that page???

Curlyben any ideas?

[Curlyben]

That makes more sense.

To be enforceable there are certain terms that must be included.

These are the prescribed terms.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

 

Now if they are present, and they tend to be on loans, time to get a SAR into HFC and see exactly what has gone on with this account.

[Confused123]

Ok where do i start with a SAR? And what exactly is it? Sorry im blonde!

Also whilst i send that off to HFC do i need to write to Lowells confirming what I have done to stop them harrasing me?

 

Thanks Curlyben, i'd be chasing my tail without your help!

[Curlyben]

LOL no worries.

 

Go with the standards SAR: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html, just change it to ask for EVERYTHING they have on you.

Hopefully Lowells will have supplied the needed account numbers.

 

As for Lowells, ignore them for now, but when they come back asking for payment then we'll hit them with a dispute notice.

[Confused123]

Thanks Curlyben.

I will send that off today recorded delivery with the postal order for £10.

Is there a link i can look at that explains the SAR in more detail just so i can get clued up on what its all about?