Tears with Lowells

[SteSE]

Ok below is the only usefull bit of infomation from the SAR (learning the lingo now eh!) what do you make of this

 

[SteSE]

Bit small actually, this link should take you to the full size version

 

http://i17.photobucket.com/albums/b73/5t1g/balance.jpg

[SteSE]

Despite two written requests for Lowells complaints proceedure i've not had one, after 42mans letter i've not had any contact with them at all!

 

I know i shouldn't pay anything to them but this is effecting my credit score and restircting my from getting credit that i need right now! Are they allowed to place a default on my credit file when it would appear they can't confirm the debt.

[SteSE]

Belive it or not this is still dragging on. I've not had any further communication from Lowells since sending my letter in August last year. In this letter is asked for proof of the debt which has not been provided.

 

Today i get a letter from BPO collections which follows the same sort of line as the previous letters from Lowels and their red debt collection department. Basically pay in a few days or we're taking you to court.

 

Proof has still not been provided that this debt actually exists and furthermore no proof that any debt has been solded to Lowells/Red Debt/BPO

 

Why are they allowed to default my credit file?

If they have failed to provided the proof of debt within 28 days are they still allowed to chase it?

 

Please advise me guys & girls

 

Thanks!

[ODC]

Naughty Lowells should not have passed this on whilst in dispute.

 

Send this to the new DCA

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Lowell Group and has been since DATE

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

 

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 Group for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** 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 Consumer Protection from Unfair Trading Regulations 2008 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

[SteSE]

ODC my thanks to you for taking the time to write that and read through my thread. Thank you

 

Reading another thread on here regarding Lowells i have never recived a NOA let alone agreeded to any such transaction. Yet Lowells have placed a default on my account which, if i understand correctly, they are not legally allowed to do and i am in a position to now threaten them. Oh how the tables (hopefully) have turned.

 

This bloody debt doesn't even exist

 

My thanks again to every member who has helped. It really is appricated and without knowing about this forum it's easy to pay and that keeps these tailfins in business!

[Toulose LeDebt]

Was watching a little light entertainment earlier and noticed something quite extraordinary.

 

 

 

Lowells datamatrix is on the letter from 3 telling the Lowell customer that they owe Lowells an imaginary £212 debt.:D

[SteSE]

Do i need to be notified that O2 have sold the debt and my details to Lowells???

[Toulose LeDebt]

Do i need to be notified that O2 have sold the debt and my details to Lowells???

 

If the assignment is absolute-YES

If the assignment is equitable-NO (but it is good practice)

 

absolute-Lowells own the title to the debt

equitable- O2 own the title to the debt.

 

There are many legal implications surrounding what Lowells can and cannot do if they do not own title to the debt.

[Agent Mulder]

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

 

Ask your parents if they wouldn't mind writing "No longer at this address" on the envelopes and sending them back.

[SteSE]

Good morning all,

 

My continued thanks to all that have assisted with this matter. A bit of good news today i suppose, today I received a grovelling letter from BPO collections apologising and confirming that they had "closed the account and returned to Lowell Financial". Furthermore they have provided an 0870 number for legal advice...how kind.

 

This has inspired me to attempt to bring closure to this matter once and for all and also strengthens my belief that if indeed the claimed debt does exist, Lowell's couldn't prove it anyway. There is a default on my credit file in relation to this, I suspect from Lowell's although it says communication supplier (see screen print below) I could do with some advice from those in the know as to who this default may have originated from.

 

I feel that this default is on my credit file unlawfully and would like to claim compensation for credit I have since taken out as it no doubt has resulted in a higher that normal interest rate. I have below drafted a letter to Lowell's who would appear to have stopped writing to me since I requested proof of this debt and their formal complaints procedure. They seem to be passing this to different collection agencies in the hope that I just pay it.

 

Could someone please review the letter before I send it so that I don't jeopardise my case and what I have stated is legal, fair and correct?

Again my thanks to you guys and gals for all your help, advice and support. It really is appreciated!

 

Screen print from credit file, is this Lowells doing or o2?

 

 

Purposed letter, could someone please take a look at this for me?

 

To Whom It May Concern:

After receiving communication from BPO Collections I can now add another illegal offence that you have committed, quite a catalogue of these unlawful acts is building up and it is feared that this communication with yourselves will result in another.

Further to my letter dated 4th August 2008 (to which I have received no reply from yourselves) I am disappointed that I have not received your formal complaints procedure as requested. Furthermore proof of the claimed debt has also not been provided (as requested) and strengthens my believe that even if this debt did exist you couldn’t prove it anyway.

As you are aware Lowell’s placed a default on my credit file, this has affected my credit rating and increased my rate of interest on credit I have obtained.

If you can prove that there is a debt on this account I will have no problem paying it. Proof meaning a signed contract between myself and O2, communication between 02 and myself detailing said charges (statements, letters etc) Once this has been provided and accepted I will then need proof that this debt has been sold/passed over to Lowell’s and, if paid, no further action will be taken and this default will be removed from my credit file.

You have 7 days from the date of this letter to reply in writing before I ask my solicitor to act on my behalf and, amongst other offences that you have committed against me, claim compensation on credit I have obtained since this default you have unlawfully placed on my account.

Best Regards

[ODC]

As they failed to respond to your request for a copy of their complaints procedure you can report them directly to the FOS. You must also report them to the OFT and your MP.

[SteSE]

Thanks for the reply ODC and your help with the BPO letter, if i could buy you a drink i would.

 

I'm really ****ed off that they've put a default against my name when i don't owe any money, why are they allowed to do this! I'm not an unreasonable guy and if i owed the money i'd pay it, fact is i don't yet am being hounded and punished for a debt i don't owe.

 

I need confirmation on the letter i drafted above so i can get this default off my record.

 

Re Agent Moulder, i could do that but it still wouldn't get the default off my back and if anything probably make me look guilty. I own my own property, registered on the Electrol Roll so if they wanted to could find out where i currently reside.

[nish40]

Thanks for the reply ODC and your help with the BPO letter, if i could buy you a drink i would.

 

I'm really ****ed off that they've put a default against my name when i don't owe any money, why are they allowed to do this! I'm not an unreasonable guy and if i owed the money i'd pay it, fact is i don't yet am being hounded and punished for a debt i don't owe.

 

I need confirmation on the letter i drafted above so i can get this default off my record.

 

Re Agent Moulder, i could do that but it still wouldn't get the default off my back and if anything probably make me look guilty. I own my own property, registered on the Electrol Roll so if they wanted to could find out where i currently reside.

Hi steSE, its a horrid no win situation, i have Lowells, and my missus has Lowells and Unreliable collections, robbers way, all for one catalogue with illegal insurance on it, and a NPOWER account that never existed and a British Gas that was paid.

All in all if i pay them, the DCAs win and im out of pocket, if i dont theres Defaults galore at the CRA. What you have to remember, is that Lowells probably defaulted you before they even contacted you, so unless you look at your Credit File every day, you wouldn't have known anyway till it was there, so you may as well battle them till the end, then force them to remove it

[SteSE]

I have contacted o2 directly now about the information, or lack of it, from my SAR. This has seemed to provoke a good response and i am awaiting their final view. If it transpires that they didn't send me all the information help about me on the SAR i may have a bargining chip.

 

Lowells have not contacted me.

 

Anyone know if a SAR includeds recorded phone calls?

[sam614]

Anyone know if a SAR includeds recorded phone calls?

 

yes should include all calls

you should have had a transcipt of them

 

SAM:pLOWELL DETESTER

[rb2010]

Hi there,

 

Was wondering if anyone could give some advice on my thread regarding O2 and lowells.

 

 

Many Thanks,

RB

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/184319-old-o2-account-now.html