New Lowell FAN!

[Captain Spaulding]

Have you checked the proof of delivery to ensure that it was delivered? If so, write to them again containing all correspondence and outline you next actions (that of harassment - there is a template somewhere, can someone post it??)

 

What a bunch of ****

[BROKESPENT]

I would know how to start to do that. Is there no other course of action?

[ODC]

These letters by Nige are just standard Lowells begging letters.

[BROKESPENT]

I have confirmed that the letter was delivered ;

Your item with reference was delivered from our HOLBECK Delivery Office on 14/06/08

Thank you for using this service.

 

They are deliberately ignoring my letters because they have no other course of action left.

Edited June 19, 2008 by BROKESPENT

[Captain Spaulding]

AS the debt is statue barred, continuing is chase is both unlawful and can only be a decision by the DCA to harass the alleged debtor

 

Yep, they are ****... do a search on here, I've read some pretty strongly worded letters however cannot find them

 

EDIT: Mate, get rid of that reference number in your previous post, the DCA's search this forum and can ID you by any personal reference!!!

[BROKESPENT]

Thanks for the advise I assume you ment the Royal Mail Ref?

[Captain Spaulding]

No probs and glad to see the Royal Mail ref gone!

[BROKESPENT]

I have just prepaired this letter for sending registered post

Dear Nigel Beaven

 

 

Thank you for your letter dated **th June 2008 regarding the account with the above reference number, which you claim is owed by ourselves.

 

This is the second and LAST time I am going to post a copy of my last correspondence to your company. The last copy was received by your company via registered post on the **/**/** confirmed by the Royal Mail.

If this letter and its contents are ignored and further demands are received I will have no option but to report your company to the relevant authorities i.e. make a formal complaint to my MP, The Trading Standards and the OFT.

Your actions amount to nothing more than harassment.

It seems your company have learnt nothing following their recent TV appearance.

Please find a copy of my last letter which refers to your company’s correspondence dated 9th of June 2008.

I look forward to your reply.

Sound OK?

[BROKESPENT]

Dear Nigel Beaven

Thank you for your letter dated 16th June 2008 regarding the account with the above reference number, which you claim is owed by ourselves

 

This is the second and LAST time I am going to post a copy of my last correspondence to your company. The last copy was received by your company via registered post on the **/06/08 confirmed by the Royal Mail.

 

If this letter and its contents are ignored and further demands are received I will have no option but to report your company to the relevant authorities i.e. make a formal complaint to my MP, The Trading Standards and the OFT.

Your actions amount to nothing more than harassment.

It seems your company have learnt nothing following their recent TV appearance.

Please find a copy of my last letter which refers to your company’s correspondence dated 9th of June 2008.

 

I look forward to your reply.

[Captain Spaulding]

Send this one....

 

---------------------------------------------------------------------

 

Dear Sir/Madam,

 

Acc/Ref No 1xxxxxxxxx

 

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

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the Office of Fair Trading say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Your last communication is a notice of intent to issue a county court claim.

 

The OFT guidance states that you should not attempt to mislead me by saying you may take legal action against me when you cannot.

 

The FraudAct2006. “Fraud must give a gain of money or property”

The Act creates a new general offence of fraud with three ways of committing it, one of these is:

• Fraud by false representation
  

Section 2 Fraud by false representation

(1) A person is in breach of this section if he-

(a) dishonestly makes a false representation, and

(b) intends, by making the representation-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if-

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of-

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

Your letter dated 31/10/07 in which you state that you are preparing papers for court to be served upon me is a breach of OFT rules and the guidelines of the Civil Court Users Association, of which you are a member. The letter is also an attempt to enrich yourselves by making a false representation in that you may use the Civil Procedures to take action against me. Such behavior could be fraud as defined above.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

If you continue to harass me I will take action against you in the County Court for damages, and costs in dealing with this matter.

 

I will also lodge a complaint with the OFT, Leeds Trading Standards and the Financial Ombudsman. Whilst I appreciate this would not deter you from your potentially illegal actions there is the chance that if enough consumers make valid complaints you may get your Consumer Credit License revoked.

 

Additionally you are required to remove any default or registration with any credit reference agencies which you have made. If you fail to comply with this within 28 days, I will take action in the County Court against Lowell Financial and Lowell Portfolio I Ltd for breach of the Data Protection Act.

 

Finally any attempt to use civil procedures to obtain monies from me will be vigorously defended as an abuse of the legal process. A counterclaim for damages will be issued together with a claim for full costs.

 

I look forward to your reply.

 

Yours faithfully

[BROKESPENT]

OK thanks guys I will send that letter today

[Captain Spaulding]

Please post back when you hear more

[ODC]

Actually you may find the new Unfair Trading Regulations 2008 more suitable

[Captain Spaulding]

doh, ODC is a voice of authority here.. ODC, do you have a link to a template or anything?

[ODC]

Here you go

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

[BROKESPENT]

Thanks ODC

But at the risk of apperaring thick what am I supposed to do with it?

I don't understand this leagal stuff at all.

I have allready sent the letter as advised by Captain Spaulding.

What should I do if they keep ignoring my letters and sending demands?

[Captain Spaulding]

Stay cool, kick back and drink a brew. What ODC said would have been the icing on the cake but the letter provided should shut them up.

 

If they keep sending letters, keep everything - all correspondence and proof of deliveries etc. Report them to TS, OFT, get a copy of their complaints procedure and USE IT then report them to the FSO.

 

Do unto them as they do unto you, cause them hell...

[BROKESPENT]

THanks Captain Spaulding looks like I might be in for a long hual

[Captain Spaulding]

Looks like we all are, brother....

 

Use your rights, dont let em get you down!!

[ODC]

Thanks ODC

But at the risk of apperaring thick what am I supposed to do with it?

I don't understand this leagal stuff at all.

I have allready sent the letter as advised by Captain Spaulding.

What should I do if they keep ignoring my letters and sending demands?

If they ignore your letters and keep sending begging letters then you must report them and we will advise you on which part of the new regulations to use.

[BROKESPENT]

Thank you ODC I will keep this thread updated of course.

 

Thanks Guys

[BROKESPENT]

Well this letter seems a little tamer although the letter I sent yesterday has nothing to do with this response.

I guess they are looking for the evidence of my correspondence from me in the last 6 years.

The letter reads as follows;

Thank you for your recent correspondence.

We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your enquiry at our earliest convenience.

Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies.

What I can guarantee is that your enquiry is being dealt with and you have no need to write again.

If you want to speak to someone in our Customer Service team then please do not hesitate to call.

 

Yours sincerely.

 

Alison Shepherd

Customer Services.

[ODC]

Bog Standard Lowells Bovine Excrement.

[BROKESPENT]

Hi guys

Today I have received a letter of a company call Red, quoting my Capital One account the letter reads as follows;

“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 Initiation Act 1980 and as such we have now closed the account and confirm no further correspondence will be sent to you.

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

Your sincerely

Andrew Bartle “

Has this got something to do with Lowell I’m a bit confused….

[Captain Spaulding]

What the hell is the Initiation Act (1980), never heard of that?

 

Good result tho