Lowell

[JoeTheMan]

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

[babybear39]

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

[JoeTheMan]

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)?

[PGH7447]

Just tell your "FIL" to send the mail back unknown at this address, he should not open your mail, they cant do anything to him, it is not his debt

[JoeTheMan]

Thank you.

 

Sorry another question, how would I send 1.00 pound to them, can't really send them a cheque etc?

 

Thanks

[PGH7447]

postal order or cheque made out from another persons account

[JoeTheMan]

and the we send mail direct to Australia for 1.00 pound?

[babybear39]

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.

[dannyboy660]

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.

[JoeTheMan]

Can I talk to them via Email?

[babybear39]

Is there a contact e-mail address on the letter they sent your FIL?

[JoeTheMan]

Yes

[babybear39]

Try that then marking it for the attention of their complaints department. Also request a copy of their complaints procedure.

[JoeTheMan]

Am I able to send the "Proof-it" or the CCA letter via email? If so, do I still have to pay the 1.00 pound?

 

Thanks

[babybear39]

As previously mentioned, I would personally send the 'prove it' letter first. This can be done via e-mail followed by a hard copy in the post. Wait to CCA if they come back with anything substansive.

[OnMyWayOut]

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.

[JoeTheMan]

Thank you, when you talk about the payment, you are talking about the 1.00? If so, why is this important?

[babybear39]

It's the statutory fee for a CCA request. But you don't need to worry about that just yet...

[dannyboy660]

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??

[JoeTheMan]

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

[dannyboy660]

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.

[JoeTheMan]

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

[JoeTheMan]

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

[babybear39]

Print off the e-mails as proof and give them a few more days before requesting their complaints procedure.

[JoeTheMan]

Thank you, I will do that.