Lowell/Greenpea

[Greenpea]

Hi Everyone

Need to tell you about my experience with Lowell. Got all the threatening letters, field agents, may this and may that, wasn't that that worried as I new the debt was near or was just about Statute Barred. I then got the threat of a statute demand this did worry me a little as I wasn't exactly sure if the debt was statute barred, though I new it was near. That's when I found this great site and with the help of it's members I have just about put this debt to rest. But not quite as yet.

I first sent off as recommended on this site for a CCA, Got the usual may take longer than the 42 days etc. Then The 60% reduction letter. I then sent a letter saying that it was probably Statute Barred but not from the the template letter of here, this may of been a mistake as I then think the debt was passed on to Cabot

As I received a letter off Cabot demanding a similar amount of money adding about 6% on to it.

This is what cabot wrote to me.

 

Dear Mrs ********

We are instructed to recover the outstanding amount of £ *** due in full to CABOT FINANCIAL (EUROPE) LIMITED.

 

Payment is due in full and we request that you contact us on the number below to discuss how you intend to repay this debt. If you are unable to pay in full immediately we may be in a position to arrange a mutually acceptable repayment plan, however if we do not hear from you within 7 days of the date of this letter ( second class post took 6 days for me to receive it) we will continue to pursue you for the full outstanding balance.

 

 

 

DO NOT SIMPLY WRITE IN. OUR TIME LIMITS ARE VERY STRICT

 

 

With the help and advice of ODC I send Cabot this letter this week.

Cabot Financial (Europe) Limited

797 London Road

Thornton Heath

Surrey

CR7 6YY

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number:

Having racked my brains as to who could have instructed you to recover the sum of £ I can only assume that it is a DCA called Lowell/Red as they are the only DCA that have been requesting a similar amount of money from me. If this is indeed the case, then I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Lowell/Red and has been since 88/88/2008 and would also like to point out that this debt it is statute barred. As according to CRA I have not had any debt for over six years.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

 

My last letter from Lowell/Red was 88/88/2008 and intimated that my complaint would be

resolved at there earliest convenience this obviously hasn’t happened.

As Lowell/Red are now in default of my Consumer Credit Act request, OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the Lowell/Red for resolution of these defaults and breaches, as Cabot cannot lawfully pursue any enforcement activities.

 

If Cabot chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

After sending this letter I received a letter from Lowell Stating that they can not find a cca Just before the 42 days saying that they confirmed that no further contact will be made by us regarding this account.

 

They just sell it on as in this case to Cabot. Will keep you informed as what happens next.

Edited June 29, 2008 by Greenpea
speeling mistake

[clarkey99]

Definetly keep us informed..I have just CCA-ed these bu**ers and am keen to know your outcome.

 

Clarkey

[Greenpea]

Will do.

Have been reading Seahorses thread and his dealing with cabot , a long thread 55 pages at page at page 21.

Might want to take a look clarkey99 if you haven't aready, lets you know what were up against.

greenpea

[clarkey99]

Cheers Greenpea...& goodluck !

[Greenpea]

Got a standard Computer reply off a different member of Carbot staff today with computer type signiture of there name. Lots of mild type threats, saying that I won't be able to get any credit because they have informed all the CRA's ect. Not that it bothers me as I have not had any credit for over 6 years and don't intend to recieve any credit ever again.

They have not acknowledged my reply to thier last threatogram. They will probably say they haven't recieved it, so sending next one recorded mail

 

Have decided to send this letter I found on CAG by recorded post. Unless I'm advised otherwise by some Members of CAG who could advise better.

 

 

Cabot financial (Europe) Limited

797 London road,

Thornton heath

Surrey CR7 6YY

 

Ref.no. Uncollectible Alleged Debt *****

 

TO: Which ever time wasting person this concerns

 

Dear Cabot/Uk/Europe/Kingshill/ Hodsons/What ever you are deciding to call yourselves at the moment

PROVE I OWE YOU THIS DEBT

I’ve dealt with morons in my time but you lot are thicker than most as is obvious by your futile, unlawful and unethical written harassment.

*1. I acknowledge NO debt to you or anybody you claim to represent.

*2. This alleged debt is statute-barred under the Limitation Act.

*3 I do NOT intend to make any payment(s) in respect of this alleged debt. This means that you are obliged to stop contacting myself about it. Your continuing written harassment breaches debt collection statutes plus FSA guidelines.

*4. I would welcome you spending your money taking me to either County Court or the Bankruptcy Division.

Obviously *2*and *3* above each alone mean the case would be treated as ‘vexatious’ due to being legally unwinnable and most definitely ‘Misusing Statute for Purposes of Blackmail and/or Harassment.’ It would however, result in you being admonished and told (at your expense and paying mine to watch it all) by a judge that your behaviour is unacceptable and possibly criminal.

 

*5. You buy ‘junk’ debts for pennies-in-the-pound, without paperwork and just out of statute. Some poor souls are taken in by your dishonest, bullying and repeated attempts to make them pay alleged accounts that they are not lawfully obliged to. I am NOT one of them.

 

SAVE YOUR PAPER AND POSTAGE AND GET OVER IT YOU IMBECILES!

 

Any further correspondence from yourselves will be copied and returned to you without postage, marked ’Full Legal Settlement Enclosed’ (I.e. nothing) so you can retrieve it at your expense. The originals will kept and sent to the FSA along with a copy of this letter describing your unlawful and unethical harassment.

 

 

Sincerely,

 

Signature

Edited July 4, 2008 by Greenpea

[joghuj]

Ha! Nice letter, not sure I would have the balls to send it to be honest. Nonetheless, it's amusing and the reply would be even more amusing I reckon. Best wishes..

[Greenpea]

I have to admit I did tone it down a bit. after I posted. I always wait at least 24 hours till I cool down. then take another look. The words Morons Thicker and Imbeciles were taken out

I think Cabot template letters are mostly wind ups and it did wind me up for a while.

Greenpea

[Sol]

Greenpea should you be saying it's statute barred if you don't acknowledge the debt? they might get you on that.

[Greenpea]

Thing is Sol. like most cag members we didn't pay CC for one reason or another, lost jobs, hard times, or what ever. I have never had any debt or paid any debts to cc's for over 6 years.

My last payment Jan. 2002 the first I heard about it was this year in May 6 years 4 months later.

As far as I understand when it's staute barred it's statute barred can't be unstatute barred even if i now admit I owe the debt. I believe this is correct. No doubt if it's not, some cag members will let me know.

[Sol]

No no i wasn't judging you. Maybe I've read it wrong.. I thought you weren't acknowledging the debt and asking them to prove it. But if you do this you can't claim it's SB as how would you know it is? ;-)

[Sol]

Sorry i've just read the post again. my mistake......i've hardly slept today

[fuzzybobble]

Either way they'd be stuffed, as it's more than likely they'd have no CCA either.

 

Great letter Greenpea. Tell it to them like it is.

[Greenpea]

Another thing is cabot have not as yet told me who they are collecting the debt for I jsut got a demand for money.

I beleive the reason they have not told me is that it was in dispute with Lowell and Lowell passed it on to cabot when they couldn't produce a CCA. Cabot know this and are deliberatly keeping the previous creditor DCA from me so that I can't put in a complaint against Lowell .

I have asked cabot for there complaint procedure and am going to complain to OFT/TS as soon as i'v exhasted there procedure.

Greenpea

[fuzzybobble]

I have to admit I did tone it down a bit. after I posted. I always wait at least 24 hours till I cool down. then take another look. The words Morons Thicker and Imbeciles were taken out

I think Cabot template letters are mostly wind ups and it did wind me up for a while.

Greenpea

 

I'd have left the "Morons, Thicker, and Imbeciles" in the letter + added a few more too. Then changed them to bold and changed the colour to bright red.

 

Morons Thicker and Imbeciles Just so it stands out and unmissable

[Greenpea]

Sorry i've just read the post again. my mistake......i've hardly slept today :grin:

Not the best at explaining myself. That's why I love the templates and letters you can copy off this site

[Greenpea]

fuzzybobble

Know what you mean, I dare not write what I would really like to write as they would have the police at my door.

[eastendboy]

Hi Greenpea, just seen your letter in post 5. It's brill and that's what you should of sent without the "tonedown" you mentioned. Great letter

[Greenpea]

Cheers eastendboy

Can't take the credit (no pun intended) just copied it off another post think it was one of sarletpimpernel's. Haven't recieved a reply yet, plenty of time though as only posted it on Monday gone, let you know what happens

Greenpea

[Greenpea]

Promised to let you know what happened. Well got a letter off another DCA yesterday this one's called JB Debt recovery based in Glasgow. claimed to be representing a client called Capquest Ltd. If they don't hear from me within 7 days they will concider legal action.

Never had any comunication with Capquest, so i'm guessing that Cabot sold on debt as it's they same amount of money they were demanding.

Their letter was not signed by anyone just the recoveries department

standard template letter i think, nor did it have the original creditors name.

So as i understand it Capquest who are a DCA are using another DCA JB debt recoveries to collect unenforcable debts for them.

 

I Have sent this reply Think it's called the bemused letter.

 

 

ACCOUNT IN DISPUTE

Dear Recoveries Department

Account number: ******

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Red/Lowell/ Cabot / Capquest

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Red/Lowell/Cabot/Capquest are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Capquest/Cabot/ Lowell/red. for resolution of these defaults and breaches, as JB Debt Recoveries cannot lawfully pursue any enforcement activities.

 

If JB Debt recoveries choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

 

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

Greenpea

 

 

P.S. I would like to add that I have not had any debt for over 7years so any debt that you are chasing is almost certainly Statute Barred.

Any info on JB would be helpful anyone.

Let you know if I get any reply, or when it's passed on to yet another DCA