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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • So this is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
    • Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.
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Lowell


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Hi

I woundered if someone could help me with a problem that I am facing. I emigrated to Australia back in Jan 2003 with my family and I have been living in Australia ever since and don't plan to come back to the UK (part from holidays).

 

My father-in-law (FIL) received a letter for me (which he had opened) regarding a debt I owe (2,800.00 pounds) from Cahoot. I have not used the card since I have been in Australia (2003/4) and thought I had paid everything of.

 

I am not sure how they got my FIL address but they are getting letters from Lowell even though I have never lived there! He has sent a letter/email about sending them to court as I don't live there.

 

I am not sure what I should do first, I have been reading alot around Lowell and they seem dodgy.

 

First, I need to let them know that I don't live in the UK so they don't hasle my FIL and then try and ensure that I owe this debt.

 

Pleae can someone advise me on the next steps I should take.

 

Many thanks in advance.

 

Regards,

 

JoeTheMan

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Hi JoeTheMan,

 

If you're disputing the whole debt, send lowell this 'prove it' letter courtesy of CB:

 

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

 

Amend to suit, do not sign, print your name, send recorded and keep a copy with your postal reciept. Add a line about them breaching OFT guidlines and the CPUTR 2008 by contacting a third party ;)

 

Good luck and best wishes from an Aussie/Welsh lady stuck in Wales 'til graduation :p

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Thank you!

 

How would this work while I am in Australia?

Do I have to give my real address over here in OZ even though the debt is in the UK?

 

How would this effect the FIL or other family (which I have never lived at, part from as a child)?

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If your FIL or any other member of your family get harassed by lowell, report them to Trading Standards and the OFT fro breaching OFT guidlines and the CPUTR 2008. Your FIL should make a complaint straight away.

 

You don't need to do a CCA request yet. Wait for the reply from the 'prove it' letter I posted above.

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Why not save yourself a quid and just ignore them?? There's absolutely nothing they can do unless a CCJ already existed before you left the UK, and you were aware of the action.

 

Your FIL has made a big mistake opening your letters and an even bigger one making contact with Lowell. The sensible thing to do, as you don't live at that address, is just put everything through the shredder without even opening it. They could try to get judgement by default if they have an enforceable agreement (highly unlikely) but it won't be worth the paper it's written on.

 

They are a third party with whom you have never had an agreement or acknowledged and accepted their factoring service. Just ignore the parasitic s..te bags.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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If you send the 'prove-it' by email, enable the option to get a delivery receipt and a read receipt (assuming your mail software gives you these options). Keep these receipts in your mailbox in case they dispute receiving it.

 

The CCA can only go by post as it is useless without the payment.

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What's a bit worrying about all this, is that you will have to give Lowell an address at some point to get a copy CCA, or go through the complaints procedure.

 

If you use your address in Oz, the threats will continue but they can never actually do anything.

If you use an address in UK (of relatives), they are likely to go for judgment by default which can then be used in an Oz court for enforcement of judgement under the reciprocal agreement. A case you'd probably win eventually if you know what to do - but hassle most people could well do without.

 

You signed a CCA'74 in which S141 states it is enforceable only in a UK County or High Court. This agreement is not, and never has been, between you and the Lowell Group because they are a third party purchaser 'offering' a factoring service, so why acknowledge any involvement by them in the first place?? They can only act if they get a response from you, positive or negative.

 

It's probably very close to being SB, and will have been settled by the taxman shortly after you left the UK if you did your IR paperwork......why let these turds get involved in the first place, wouldn't it be better to just ignore them??

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hi,

Thank you for the info. What does SB mean?

I have never planned to amy address in the UK but the FIL decided to open my mail!

 

If I don't respond, they will simply go after FIL for the money in the UK, or am I wrong here?

 

Can I give them a Post Office box or do have to give out my address?

 

Thank yoi

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SB = Statute Barred. Once the debt has been dormant for six years they can not take you to court for it. If you left UK in Jan 2003 you must be very close to it by now anyway - all the more reason to give Lowell the heave ho (unless you want to pay them voluntarily of course) bearing in mind they paid literally a few pence for it.

 

They can't do anything to your FIL - or anyone else unless they were a party to the contract. The threats will continue which can quite safely go in the shredder. Only official court docs need a response - but it's extremely unlikely that will happen. Opening your mail was a mistake - contacting Lowell is a catastrophe!!

 

I'm a bit mystified why you are so keen to give them your address at all. It's nothing to do with them. They bought a soon to be SB debt for pennies and now hope to bully someone into paying. This time they lose out - but that's the risk they take.....unless you want to pay them voluntarily.

 

Take a look at Pblackie's " lowell taking me to court" thread and note their court bundle even included a full printout of his thread on CAG. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/117579-received-county-court-claim-9.html

 

Is it really a good idea to get involved with these "people" - if you are not even a UK resident??

 

It's up to you.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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The reason why my FIL is not pleased at all and I don't want to break this releationship, if it was someone that I did not care about then would not give my address or a PO Box address out.

 

I think it will be better to give a PO Box address over here in OZ and then it gets them way from FIL.

 

Thanks

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  • 2 weeks later...

I sent them a "Prove-it" letter about 7 days ago, which I got a email confirmation back from them (auto-response) but I have not heard anything from them, what should I do next?

 

Thanks,

Paul

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