Tears with Lowells

[SteSE]

Hello,

 

I'll keep the introduction sweet! Have been lurking round this site for the last hour after receiving threatening letters from Lowell Financial. I have communicated with them before coming here and i'm unclear as to whether i might have jeopodise my case. Here's a run down of events

 

A received a letter from Lowell Financial (LF) claiming that i owed 02 (UK) Ltd money from a contract phone i had back in 2005. I contact LF by phone (i know i shouldn't have done this now) to find out what was going on. I did have some issues with 02 over a fault phone, this got cleared because the phone was not fit for purpose o2 confirmed this in writing although sadly i have mis placed (read lost) the letter. The outcome of my initial call was they were going to forward me proof of the debt and i would send then the letter from o2. I never received proof of the debt and as you can probably gather they never got the letter from o2.

 

All went quiet and i forgot about this until yestarday when another letter got passed to me stating that they would take legal action and agents would be visiting the address where they are sending the letters.

 

Again i contact LF via phone although this time i recorded the conversation. The agent who took the call assured me that it was my duty to prove there was no debt. I felt generally upset by his manor towards me and even more so by the letter they sent. I sent them the letter below by recorded delivery and then googled lowells and o2 and here i am!

 

From reading previous posts i'm pretty certain that i need to send them template N although confirmation on this and advice would be great.

BTW they are chasing me for £255.79 which going by mmy current call charges (still with o2 lol) would be over a years worth

 

letter sent to LF yestarday

 

FAO: - Andrew Bartle

 

Lowell Financial Ltd

PO Box 172

Leeds

LS11 9WS

 

 

 

15/07/2008

 

Dear Mr Bartle,

 

Your Ref:

 

Further to your continued harassment for an outstanding balance that I believe has been cleared I am writing to inform you that I have now passed the matter over to my solicitor in hope that we can bring closure once and for all.

 

I would like to make it clear that all future correspondence/communication go direct to my solicitor, details outlined below.

 

xxxxxxxxxxxxxxxxxxxxxxXXXXXX

 

As per previous discussions with your colleagues I would again like to request proof of the claimed outstanding balance.

 

Thank you for your intended cooperation

 

Yours Sincerely

 

 

Have i done anything wrong so far, what would the next steps be?

 

All help appricated!

Edited September 11, 2008 by SteSE

[SteSE]

I feel i should point out that the address they have for me i have not lived in for 3/4 years, it's my parents house and they forward me mail which i tend to get from time to time

[Guest forgottenone]

Others will help you more directly with your issue. Just one tip, though - no phone contact with these people. As you have found, they are not there to help you. Plenty here will tell you the same. Others will be along soon.

[Guest forgottenone]

agents would be visiting the address where they are sending the letters.

 

Oh, no no no. No they won't. There is a template letter here for this. I have to go now, so someone else will point you to it. So you will be sending them a few letters. Anyway, welcome to CAG the wonderfully wacky, but sometimes fun, world of the DCA/creditor battle.

[Guest forgottenone]

Actually, whilst waiting for the microwave to 'ping' here is the letter you would require for intended visits by 'agents' eg local debt collectors to send them.

 

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

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.

 

 

Yours faithfully,

 

Lastly, scan anything you receive so others here on CAG can see what's what. Photobucket is best.

 

On second thought, as you say you are handing this over to your solicitor ... they should be giving you this advice already re threats of agents?

 

Oops, I really wouldn't have put your solicitors address ... Others will say the same. Anyway, they'll be along soon. Probably.

[Guest forgottenone]

BTW they are chasing me for £255.79 which going by mmy current call charges (still with o2 lol) would be over a years worth

Er, hang on. If they are claiming you OWE them money how can you still be receiving their services?? You'd be suspended or the account closed.

[Guest forgottenone]

Oh, look, ignore everything I said in this thread. No idea what I am talking about. Sorry.

[miniconverter]

Hello,

 

The agent who took the call assured me that it was my duty to prove there was no debt.

 

 

I think the agent that took the call got that wrong. If you really have recorded this let the OFT have a copy of the recording as it's a lie. I would also ask lowells to let you have a copy of there complaints procedure. Must be also against that new unfair commercial practises thing that I can't remember the full name of.

 

I am dealing with Lowells at the moment and they are complete set of useless w**k*rs and definitely nothing to worry about.

[SteSE]

Address edited

[eastendboy]

Firstly, a mobile phone contact is not covered by CCA 1974 Act so sending them a letter N from the library would serve no purpose for you.

 

With regards someone "popping" around to see you, forgottenone's letter above is fine. Fire that off to them by registered/recorded delivery. Best not to sign it but merely print your name.

 

Lastly, the onus is never on you to prove that you do not owe the debt, it is on lowells to prove that you do.

 

You may want to S.A.R. the original creditor to find out exactly how this "debt" is made up. It will cost you £10.00 but hopefully £10.00 well spent as that should show you your next move.

 

Good luck.

[SteSE]

Is there a template letter for S.A.R

 

Also, what is this.

 

Thanks for your help

[havinastella]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

An SAR is for ALL information the company holds on you.

 

You may want to edit the letter slightly to make sure you ask for everything from Contract to phone calls made to company etec etc etc.

 

 

JOgs

[SteSE]

Ok Lowells have responded to my request for proof of this debt. This proof consists of a screen print of an excel spread sheet. Is this proof enough? I can't make head nor tail of the data there are no call charges just monthly lump sums.

 

The letter ends saying that there is no reason why i shouldn't pay the outstanding and unless a clear the balance or start a re-payment plan in 7 days etc etc:-x

 

What should i do

[tinkerbell20]

Send a Subject Access request as above.

[SteSE]

Ok but then i need to buy 40 days with lowells, what can i write to them to obtain this. I was thinking proof that this so called debt has been sold to lowells, proof of the contract i sign with o2 and i still need proof of the debt as the screen print they sent anyone could have done in excell!

[42man]

An Excel spreadsheet as proof ??? ridiculous that could apply to anybody !!! I could pick 200 names out of the phone book, send them a shirty letter saying that they owe me £1,000 and send them a spreadsheet back....

[SteSE]

^

Tell me about it, i'll scan this so called proof tomorrow and upload for you all to see. Lowells are certain that this is all the proof i need lol

[SteSE]

Plus they sent this spread sheet to my old address after i sent them, via recorded delivery, my solictors address and stated (see top post for letter i sent) that all future corrispondance should go there. Can i legally ignore this letter?

[42man]

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

 

What you have sent me is a spreadsheet !!! which on the face of it could apply to anybody, and therefore means nothing to me. I am also suspicious that you are attempting to comit fraud (to which I will have no hesitation in providing what you have sent me to the OFT and Trading Standards and the Police). I would like to see any proof and terms of condition to which I have put my signature to.

 

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.

 

Please consider this as a formal complaint. And please furnish me with your official complaints procedures.

 

Yours faithfully

 

**Edit to suit **and don't forget, print your name, don't sign it. Send it recorded.

 

Regards.

[SteSE]

42 Man, thankyou for your detailed response. I will send this off to them and also the Subject Access Request to O2 which should, thinking about it, get me the corresponadance that stated this account balance had been cleared. Thanks again and i will keep you posted on this

 

Steve

[SteSE]

Morning all!

 

I've had my subject access request back from O2 which sadly doesn't have any correspondance between them and me. It seems to only contain a list of notes on my account and all of them relate to getting this subject access request. Are they suppose to by law send me everything? I know that they sent me a letter clearing this debt but they've not sent it to me, what can i do to get this?

 

If there was debt building up the account surely O2 would have written to me to inform me of this, again nothing of this nature has been sent back to me from o2.

 

Since sending 42mans draft i've had no more communication from Lowells

[42man]

O2 are supposed to send you EVERYTHING they have on you....if you feel they are missing something, then send a complaint to the ICO...

[42man]

If the account is 6 years old or less, then they MUST send statements....

[SteSE]

No its 2005. I'm unsure whether to complain to o2, go stright to the Information Commissioners Office or just pay the poxy debt. I know thats giving in but at least it's done then. I wonder if o2 and lowells have been in talks about this and have purposly held back the letter confirming the debt was written off.

 

A more detailed look at the 1 page statement reveals a £45 credit for a phone that wasn't fit for purpose as apposed to writting off the above debt! If only i'd kept that forking letter...and i work for a document management company!

 

Got to pop out now but will upload the statement later on today!

[ODC]

Under NO circumstances pay anything to Lowells. They MUST prove you owe the money to O2 and that they have a legal right to collect it. They will need proof such as a siogned contract between you and O2 as well as statements showing how the alleged balance is made up. Its up to Lowells to prove a debt exists not up to you to prove it doesnt. I hope you have made a formal complaint to these muppets as well as to TS and the OFT. What the Lowells threat centre monkey told you was a complete falsehood and as you have a recording of this I suggest you have a good case for asking TS to prosecute them under the CPUTR.