Help Needed Please Re: Lowell

[Umm Yaqub]

Hello All,

 

Fistly Id like to say Im so glad I found this Forum and Hi as Im new here. I have a problem 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.

 

I did call up Barclays the day I received my 1st letter and they said they did sell my account (which I had thought I had paid off and closed) to Lowell. I asked when my last payment was to Barclay Card and was told it was in August 2002 so just under 6 full years.

 

I did initially try to call Lowell to let them know that I do not actually think I owe them thi debt as honestly I had thought I had paid this off but I could not get through to them.

 

Since then I have received other letters from Lowell saying they will send debt collctors to my house etc if I do not pay them. I rang them today and got throught to someone. I asked them to prove I owe them anythingas as far as I am concrned I settled my debt with Barclays years ago. Their reply was shocking!!! 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. He also then finished off by saying that I still may get debt collectors coming unless I agree to pay a small token!!!

 

I replied by saying I am not prepared to pay anything until you can send me something proving I owe you money. With this he said ok and ended the call.

 

I do plan to write to them as well now putting our phone call in writting. 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. Can they make me pay this debt? What letter should I send them? What should I be asking for in my letter?

 

Thank you

 

From Stressed Me!

[saintly_1]

Hi

 

Try this letter for starters

Dear Sir/Madam

 

Account no:

 

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

 

 

 

(Your Name) Print do not sign

 

You may want to include this letter about the threat of home visits from here.

 

Never speak to these people on the phone as they will try anything to get you to make a payment.

 

saint

[Umm Yaqub]

Thanks Saintly, you have provided me with some type of guidance on what to do Yay! Here I have managed to put together a letter to send to them combining the ones you posted along with requesting a copy of the credit agreement... Just wanted to make sure its ok before I send it off.

 

Awaiting yours or anyones reply with advice!!

 

Many Thanks

 

From Stressed Me

 

Dear Sir/Madam,

 

Following our recent telephone conversation regarding Reference Number: xxxxx

I am writing to confirm that I have no knowledge of any such debt being owed to Lowell and that I would like a copy of the credit agreement.

 

I am 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 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 or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to psychological harassment.

 

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

 

I 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.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I look forward to your reply.

 

Yours faithfully

[Umm Yaqub]

Lowell seem to have 2 addresses any idea which one I should post my letter to?

[Dispirited]

Hi

 

I use this address: PO Box 172, Leeds, LS11 9WS

 

-

 

Re: Letters, I always send separate letters, but in the same envelope. I

have no idea if it makes any difference but at least they can't claim they

were confused by any issues. Good luck.

[tupty]

Dont forget to send it recorded delivery..

 

Signed for ...

 

 

 

 

Thanks Saintly, you have provided me with some type of guidance on what to do Yay! Here I have managed to put together a letter to send to them combining the ones you posted along with requesting a copy of the credit agreement... Just wanted to make sure its ok before I send it off.

 

Awaiting yours or anyones reply with advice!!

 

Many Thanks

 

From Stressed Me

 

Dear Sir/Madam,

 

Following our recent telephone conversation regarding Reference Number: xxxxx

I am writing to confirm that I have no knowledge of any such debt being owed to Lowell and that I would like a copy of the credit agreement.

 

I am 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 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 or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to psychological harassment.

 

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

 

I 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.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I look forward to your reply.

 

Yours faithfully