Lowell Portfolio 1 Ltd are after me- please help!

[squishter]

Hello,

I'm having such a problem with Lowell Portfolio 1 Ltd.

They say i owe £156.13 and are acting on behalf of O2. Though I haven't been with O2 since 2004 and this "debt" may have been from before that.

They sent me numerous letters from Red debt collection services and Hamptons Legal.

In response I sent them the recommended letter where you send £1 and ask for a copy of the credit agreement according to the Consumer Credit Act (CCA) 1974.

However they replied saying that the account agreement I ask for is not regulated under the CCA 1974 and that they are under no obligation to do so.

So now I dont know what to do as they have threatened me with county court proceedings and additional fees for legal proceedings.

If anyone can help, I'd really appreciate it!

[PGH7447]

CCA's do not normally cover Mobile Phones etc.

 

You need to S.A.R - (Subject Access Request) o2 to get a copy of the contract (if it was a contract phone) and all statements etc, they must provide it within 40 days,

 

also do not talk to Lowells/red or hamptons on the phone (they are all they same firm)

 

Write a letter stating that until they can prove the debt exists then you are not obliged to do anything, there is a template on here that I or someone will post.

[brainaches]

Hello

 

I cannot help at the moment but I have just received the first letter from Lowell re an old address. i am with you good luck and keep us informed.

[squishter]

Thanks for your reply PGH7447, but i'm still a little confused.

do i ask O2 to send me a copy of the contract or ask Lowell/Red/Hamptons?

[excel1]

O2

[ODC]

This is bog standard Lowell Bovine Excrement. First of all they have to PROVE a debt exists. Then if you refuse to pay it they MAY take you to court and if they do they MAY be successful and a court MAY order you to pay the debt and the court MAY award costs to Lowells. If you re-read their threatomatic letter you will see that just as in my reply there are an awful lot of IFs and MAYs in their letters.

 

Rather than spending £10 on an SAR to O2 send this letter to Lowells

 

 

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

[Umm Yaqub]

Hello All,

 

I dont know if Im even posting in the correct place as Ive just joined. I also have troubl with Lowell Portfolio. I received a letter from them about month or so ago saying that I owed them £356 from Barclay Card. I have not actually had a Barclay Card account for years now. I did call up Barclays and they said they did sell my account (which I had thought I hd paid off anf closed) to Barclay Card was in August 2002 so just under 6 full years.

 

Since then I have received other letters from Lowell saing they will send debt collctors to my house etc if I do not pay them. I rang them today and asked them to prove I owe them anythingas as far as I am concrned I settled my debt with Barclays years ago. They replied by saying... 'the letter we sent you is proof'????? I amost laughed and replied...'so if I sent you a letter saying you owed me x amount of money does that mean you have to pay me?' I stressed I needed some sort of evidence I owe them or that they bought this from Barclays. He said he would send me a letter and that was it.

 

I do plan to write to them aswell now. I honestly do not remember having this debt. How come I have not heard from anyone in the last almost 6 years?

 

Please can someone advise me what to do. What letter should I send them?

 

Thank you

 

From

Stressed Me!

[PGH7447]

I would wait for their next letter and see what these idiots say, the longer it takes the more likely it will reach the 6 year point and be statute barred.

 

If they ring again which they will, just say in writing and hang up, this really gets to them:)

[Umm Yaqub]

I was planning on sending them a letter basically confirming what I said on the phone asking for some type of proof. Ill wait for them to write again and see what they say. Just a quick question what exactly do I ask for when I write to them? Proof of what? That they got this asccount from Barclays? What is the correct terminology? Even better a letter template... Please bare with me I am new to this forum and have been trying to figure out how to do things!

 

Thanks

 

Stressed Me

[Umm Yaqub]

Please excuse my terrible terrible typing above lol. I only just re-read my post and was cringing looking at all my typo errors ahhh! How do I start my own thread? I feel bad highjacking someone elses?

[ODC]

Go to the top of these posts - click on Debt Collection Industry - on the new screen that opens click on Forum tools and on the dropdown click on Start New Thread