Lowell

[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.

[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??

[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.

[dannyboy660]

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.

[dannyboy660]

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.

[dannyboy660]

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. ;-)