Advice on Lowell letter

[Mr Anchovy]

I've received a letter from Lowells saying that they'd like me to "validate" information "supplied" to them by Experian. The information is my Mothers address which I have not stayed at for 10+ years.

 

I assume that this agency is chasing credit card debts. I cut up my cards and buried my head in the sand 6 years ago. From what I've gleaned from this site so far, my debts may be "statute barred"?

 

Can I find out this information from Experians website? without alerting all kinds of unwanted attention.

I have not communicated with (or made any payments to) the banks, credit cards or agencies for almost exactly 6 years. It may be another month until the 6 years is up.

 

I dont intend answering this letter, but what should my next move be?

 

Mr A

[tinkerbell20]

I've received a letter from Lowells saying that they'd like me to "validate" information "supplied" to them by Experian. The information is my Mothers address which I have not stayed at for 10+ years.

 

I assume that this agency is chasing credit card debts. I cut up my cards and buried my head in the sand 6 years ago. From what I've gleaned from this site so far, my debts may be "statute barred"?

 

Can I find out this information from Experians website? without alerting all kinds of unwanted attention.

I have not communicated with (or made any payments to) the banks, credit cards or agencies for almost exactly 6 years. It may be another month until the 6 years is up.

 

I dont intend answering this letter, but what should my next move be?

 

Mr A

 

 

Once you give your current details to Experian you can expect more DCA's to turn up. Experian has, I believe, close links to several DCA companies.

 

I would ignore this letter as it would appear to be a fishing exercise.

[ODC]

Definately ignore this PHISHING letter from the Leeds Losers. You are not obliged to supply them with any information. They have NO LEGAL powers. Ignore them until they come up with something substantive

[Mr Anchovy]

I have now received 3 more letters from Lowell (dates 8th Aug, 20th Aug and most recently 1st Sept).

They now claim that I have a debt to their client, Cahoot.

 

They must have found my address when I had a recent police background check done for a voluntary work position.

I have not responded in any way to them yet. The most recent letter says that they will be sending an agent around to discuss etc.

Is now the time for me to demand proof of any debt? Or just continue ignoring them?

 

Should I demand proof of any debt and tell them I want no doorstep visits?

 

My address which they have as the "original debt address" is in Scotland.

I now live in England. Would it be statute barred after 5 or 6 years?

It must be very close to 6 years now anyway since I had a Cahoot card.

 

What's my next move?

[PGH7447]

Send them I dont know what your on about letter, that will waste another couple of weeks, and tell them that they cant visit unles they are invited and you aint going to do that:)

 

if the accounts were taken out in scotland then its 5 years

[ODC]

Dont worry about Lowells Licensed Field Agents. They are invisible and the figment of the empty minds in Leeds. They do not exist. They are merely used by the Leeds Losers as a scare tactic.

[Mr Anchovy]

Interesting!

 

Has anyone ever been visited at their property by Lowells?

 

If not, then everyone being pestered should just ignore their letters indefinately.

[Mr Anchovy]

I've just received letter number 5 from Lowells. A "last chance to pay before the account is passed on to Hampton legal, our litigation specialists."

 

They have still never once heard from me for over 5 years (the original debt was from a Scottish address), and have no proof that I actually live at my present address.

 

Should I now send the statue barred letter or continue ignoring them?

 

Would they risk court action over a statue barred debt?

 

Mr A

[ODC]

Send them the following CCA letter. They will write back to you telling you they are trying to get the paperwork from their client. Then a couple of weeks later they will offer you a 60% discount before eventually throwing their hands up

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

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. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

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.

 

yours etc

 

 

 

 

Alternatively you could just ignore them. They use Hamptons as a scary letter when in reality its just the same empty threats on different notepaper

[Mr Anchovy]

Thanks for the reponse ODC,

 

I'll post off the CCA request tomorrow.

 

Do I send it "to be signed for"?

 

Mr A

[alfwithhair]

Thanks for the reponse ODC,

 

I'll post off the CCA request tomorrow.

 

Do I send it "to be signed for"?

 

Mr A

 

Definately, by recorded delivery at the minimum, special if you can afford it. That way they can't say they never recieved it.

[ODC]

Definately, by recorded delivery at the minimum, special if you can afford it. That way they can't say they never recieved it.

In fairness to the Leeds Losers they normally do acknowledge CCA requests, albeit through gritted teeth.

[Mr Anchovy]

Huh

 

A £1 postal order costs £1.46 !!!!! Marvellous eh?

 

Anyway, do I make the PO out to Lowells or just leave it blank?

 

I'm not very familiar with these things.

[Bazza66]

When I did a CCA to lowell-life I sent a postal order made out to "Lowell Financal Limited"

 

Also remember DO NOT SIGN YOUR LETTER!!!!

 

They sent me the standard "getting files from...." letter

 

Then a "60% reduction on payment" letter

 

then "OC couldnt find CCA so we are closing the file" letter.

 

I have requested monies back and removal of default which they didnt respond to. They will have a formal complaint letter arrive on monday!

 

Bazza

[johnhiggs]

lowell are chasing me for an amount which i wont admit to owing to them, however Capital one did take me to court and i do have a 3 year old CCJ on the amount owed, so can lowell chase me for the amount too?

they do also hold a defauld in their name against the same account.

[Bazza66]

Send a CCA request to Lowell-Life!

[Mr Anchovy]

I sent a CCA request to Lowells (to be signed for) on 11/10/08. I've now received a letter (dated 14 / 11 / 08)8 from Hamptons, saying that the debt has been passed to them and that "legal preceeding may be commenced".

 

The post office website is unable to confirm delivery of my recorded delivery CCA request.

 

Do I send another CCA request to Hamptons? even though its nearly the same address? po box 173 instead of po box 172.

 

What next?

Edited October 19, 2008 by Mr Anchovy
trying to get rid of silly unwanted emoticon

[creditcardmug]

You dont need to send it again once is enough, after 14 days the account is in dispute if you tell them it is, but reading through your thread i would be inclined to do nothing, to make sure it is stat barred, the longer this drags out the better for you.

[sillygirl1]

No, you've CCA'd Lowells (Hamptons Illegal are their in house 'solicitor for rent' firm) and if Lowells don't reply send their letters and your responses to your local Trading Standards people (go via Consumerdirect - they listen to them more) and then go to the Information Commissioner. They can't keep sending you letters and passing it to a legal team when the debt is statute barred.

 

There is a letter in the templates you can send which you can treat Hamptons as the second DCA - it basically says "I've cca'd DCA1 and no response so why are you now involved... you have committed an offence which will be brought to the courts attention should legal proceedings ensue.."

 

Somebody else will be along with more help soon.

[ODC]

Lowell Farcical aka Red Debt aka Hampton Illegal aka Lowell Portfolio are all Trading Styles of the Leeds Losers.

 

Hampton are just another desk in the Leeds Threat Centre. Its part of Lowells silly games to try to make you think that they have passed this to a firm of Solicitors instead of their department of scary letters. In essence all their letters contain the same empty threats using differerent headed paper.

 

Send them this

 

ACCOUNT IN DISPUTE

Dear Cretins

 

Account number: XXXX XXXX XXXX XXXX

 

Frankly I am surprised that I need to remind you about the Consumer Credit Act 1974.

 

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 your colleagues in Lowell Financial and has been since DATE

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As your colleagues are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the your workmates at the Lowell Financial Desk for resolution of these defaults and breaches, as Hampton Legal cannot lawfully pursue any enforcement activities.

 

If Hampton want 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.

 

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.

 

Should you have any difficulty with the contents of this letter I suggest you seek advice from

 

1. Your local Citizens Advice Bureau

2. A REPUTABLE firm of Solicitors

[Bazza66]

I sent a CCA request to Lowells (to be signed for) on 11/10/08. I've now received a letter (dated 14 / 11 / 08)8 from Hamptons, saying that the debt has been passed to them and that "legal preceeding may be commenced".

 

The post office website is unable to confirm delivery of my recorded delivery CCA request.

 

Do I send another CCA request to Hamptons? even though its nearly the same address? po box 173 instead of po box 172.

 

What next?

 

The post office website is unable to confirm? Have you tried www.royalmail.co.uk and tracked it from there? I would be suprised that they have not got a recorded delivery item. Put dont worry - Royal mail, I am led to believe, will continue to try and deliver item for a set time and then return it to you. If you have not got it back yet then they are still trying to deliver.

 

You dont need to CCA Hamptons - they are basically Lowell.

[alfwithhair]

The post office website is unable to confirm? Have you tried www.royalmail.co.uk and tracked it from there? I would be suprised that they have not got a recorded delivery item. Put dont worry - Royal mail, I am led to believe, will continue to try and deliver item for a set time and then return it to you. If you have not got it back yet then they are still trying to deliver.

 

You dont need to CCA Hamptons - they are basically Lowell.

 

Most of the big companies 'bulk sign' for recorded items. If this is the case it will never show on the track and trace, but does not mean it hasn't been delivered. Contact royal mail and ask them for a copy of the bulk delivery sheet containing your recorded delivery number. This will show if it has been delivered or not.

[Bazza66]

Most of the big companies 'bulk sign' for recorded items. If this is the case it will never show on the track and trace, but does not mean it hasn't been delivered. Contact royal mail and ask them for a copy of the bulk delivery sheet containing your recorded delivery number. This will show if it has been delivered or not.

 

I have previously sent about 7 letters to Lowell-Life and all have shown on track and trace so not sure if they bulk sign. Or maybe I just got lucky?

[alfwithhair]

I have previously sent about 7 letters to Lowell-Life and all have shown on track and trace so not sure if they bulk sign. Or maybe I just got lucky?

 

It would depend on the amount of signed for items on a given day, if there was 2 or 3 then they may well be signed for individually, but if there was 50 or 60 then they would be on a bulk sign sheet.

[Mr Anchovy]

Checked the royal mail track and trace "service" again today. The website still cant trace it. Phoned automated royal mail tracking service, again "please try again later". Phoned royal mail complaints to see if I could speak to a human being, again "we have no record of it being signed for".

 

Why exactly did I send it recorded?

 

Anyway, I'll assume that it has been "bulk signed" or that they are still trying to deliver.

 

This Friday (24th) will be 2 weeks since I sent CCA request to Lowell.