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No, they can't do anything at all.

Unless you are Gary Glitter or Martin Bormann you have absolutely nothing to worry about. It is NOT a criminal offence to owe money to a DCA or anyone and no-one will be waiting for you at the airport except sales reps trying to get you to sign up for new Credit Card so they can check your details gainst the CRA records...........or they might have stopped that by now.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Thank you, I would hate to get there and people waiting for me (part from my family)!

 

Well my FIL got a letter from Lowell last week, saying that are sorry and will remove my details from their books.

 

I still have not got anything from Lowel about proving to me that I owe them money.

 

Sould I request their complaints procedures? OR do I simply wait to see what happens next?

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Request their complaints procedure so you can get your complaint in ASAP. They have 8 weeks to give a satisfactory reply although I'm not sure if the FOS will deal with it after that as you live in Australia :confused: Can't see why not though...

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I am going to the UK for few weeks for a holiday, can a DCA cause any problems at the airport, i.e. could they wait for me at the airport?

 

Oh i can just imagine it now....you arrive at the airport & there waiting are Lowells to detain you :lol:

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Thank you babybear39.

 

They know that I live in Australia, how much difference will this make?

 

Regards,

 

Take a look at HM Court Service website.

 

Imagine you are trying to get a CCJ against someone for money owed. The first thing you will notice is that the defendant must have an address in England or Wales. Scotland has it's own system. They can not use your FIL's address, as they know you are not resident there and live in Oz, therefore they are wasting their time and money. CCA'74 s.141 gives jurisdiction to County Courts in England and Wales, and an EEO would be of no use to them anyway, so it's back to square one.

 

Game set and match. Lowell bought a turkey.

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HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I think the only option open to them is to 'ask' for payment - 'ask' will mean the usual computer generated threatograms which are totally worthless outside the UK. As far as I know, there's never been an attempt to appeal to anyone's better nature and threats are more likely to get a negative response, if any response at all from people overseas. DCA's really are quite thick aren't they.

 

There's nothing they can do to get judgement or enforce without an address in England or Wales. Using FIL's address isn't an option now they've been told their victim doesn't live there - or else they could pick a name and address from a local 'phone directory and get a judgement by default against just about anyone, anywhere, for anything. Fortunately the law doesn't allow that yet. ;-)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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This is funny, I sent an email to [email protected] about 3 weeks ago (approx) got the following:

 

Flag this message Lowell Financial autoresponse

 

Sunday, August 3, 2008 2:03 PM

 

From:

"post"

Add sender to Contacts

 

To:

""

 

 

Thank you for your e-mail.

We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your query at our earliest convenience.

Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies.

What I can guarantee is that your enquiry is being dealt with and you have no need to e-mail again.

If you want to speak to someone in our Customer Service team then please do not hesitate to call on 0844 844 4716

 

 

 

 

Disclaimer - August 3, 2008 This email and any files transmitted with it are confidential and intended solely for . If you are not the named addressee you should not disseminate, distribute, copy or alter this email. Any views or opinions presented in this email are solely those of the author and might not represent those of Lowell Financial. Warning: Although Lowell Financial has taken reasonable precautions to ensure no viruses are present in this email, the company cannot accept responsibility for any loss or damage arising from the use of this email or attachments.

Lowell Financial Ltd is a limited company registered in England and Wales. Registered number 4558936. Registered office: Enterprise House, 1 Apex View, Leeds LS11 9BH. Lowell Financial also trades under the names of Lowell Group, Hamptons Legal and Red Debt Collection Services.

Lowell Group:

Debt Purchaser of the Year 2007

VC-Backed Business of the Year - Fast Growth Business Awards 2008

Best Commercial Initiative - Training Journal Award 2008

Developing the Team Award - ICM08

 

 

I then send another email to request the complaints procedures and get this:

 

Hi. This is the qmail-send program at yahoo.com.

I'm afraid I wasn't able to deliver your message to the following addresses.

This is a permanent error; I've given up. Sorry it didn't work out.

 

Lowell Hotels, Restaurants, Real Estate & Jobs | Lowell.com>:

67.225.134.75 does not like recipient.

Remote host said: 550 No Such User Here

Giving up on 67.225.134.75.

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If you mean the letter to request a copy of your CCA under the CCA 1974, here's a link. You need letter N:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Amend to suit, head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT, DO NOT SIGN, print your name, send recorded, use a £1 postal order keeping a note of the serial number the check if they cash it and keep a copy of your letter with your postal receipt.

 

Or there's a newer version by SP:

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). You are also reminded should you fail to comply with my request, the provisions of s.77(4)/78(6) of the CCA 1974 will apply.

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

Follow the same instructions as for letter 1.

 

If you mean the actual act, here's a link t the OFT's site:

 

The Office of Fair Trading: Consumer Credit Act

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Got this email this morning:

 

Our Reference: xxxxxx

 

Original Creditor: xxxxxx

 

Balance Outstanding: xxxxx

 

 

 

Dear xxxxxxx

 

 

 

We refer to your recent correspondence regarding the above account. We apologise for the delay in our response.

 

 

 

Your comments have been noted and we would advise that the account in question relates to a xxxxxxxxx, card number xxxxxxxxxxxxxx.

 

 

 

We would now require you to contact one of our agents on the below telephone number to discuss this matter in detail.

 

Please ensure any replies and future e-mails are sent to post @lowellgroup.co.uk.

 

 

We trust that this clarifies the current situation and look forward to hearing from you shortly.

 

 

 

Yours sincerely

 

Luke Fairlie

 

Customer Service Administrator

 

Lowell Group

 

Enterprise House

 

1 Apex View

 

Leeds

 

LS11 9BH

 

0845 300 9410

 

Ext: 2013

 

I don't think this is prove that I owe them any money, of course I will not be ringinng them but requesting them to talk to me via email.

 

Not sure becuase I requested their complaints procedure which forced them to responsed.

 

I think my options are:

 

1. Request a CCA from them, but I will need to setup a PO BOX in Australia

2. Wait for their complaints procedure to come

3. Do nothing

 

Any ideas?

 

What happens if I do option 3, what will happen?

 

Regards,

JoeTheMan

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