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Loweel Portfolio/Red Debt Collections


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Hey there, this is my 1st post

 

I received a letter today from Lowell Portfolio/Red Debt Collections regarding an old T-Mobile Account that had been cancelled by T-Mobile due to non payment. the reason it wasnt paid was because i lost my job and i explained this but back to the letter. they have sent this to me after 2 years without hearing a peep from T-Mobile or the old agency BCW Group, Because of this i thought it had been filed away for the shredder.

Here is the letters Body text:

" Dear ********

Our Ref: ******

Original Creditor: T-Mobile (uk)

Balance Outstanding: £613.72

 

We write to you that t-mobile account, refrence number ********, has been sold to Lowell Portfolio Ltd on the 12/09/2008 and the red debt collections services have been appointed as duly authorised collection agents to recover the outstanding balance.

it is our aim to help you clear the indebtedness you currently have with ourselves by either agreeing a settlement or a repayment plan. yow will find we have many flexible repayment plans designed to suit your current financial circumstances.

if you have not entered into an agreement repayment plan with us by the 11/10/2008 we may instruct red debt collection services to either use the services of a licensed field agent to visit you at home at an arranged time to negotiate settlement or if necessary commence legal action against you in the county court and proceed in any permited legal method to recover the debt."

 

I am very concerned regarding this as i cannot afford to pay off large amounts on this and when i worked out what i could afford it could take over a year. Please help me regarding this as i am totaly stumped.

 

Thanks

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Tell them that you haven't received a Notice of Assignment from any creditor informing you that any debt in your name had been sold on to them and until such times as you do you do not acknowledge any debt to their company.

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Have you made them an offer ? or sent them a repayment schedule ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Its up to Lowells to prove this debt actually exists and that they have the legal right to be collecting, it. This should be in the form of a signed contract between yourself and TMobile as well as statements of the account from Tmobile

 

Send them this

 

Dear Cretins

 

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.

 

Please note that if you continue to telephone me at my place of employment I will rport you to the OFT as this is a clear breach of the OFT Guidelines on debt collection. As your company are also members of the CSA you are required to abide by their Code of Practice and failing to do so could render you liable to prosecution under the Consumer Protection from Unfair Trading Regulations 2008

Yours etc

 

 

Do NOT sign the letter and send it by recorded delivery, Do not be tempted to ring these people as they will lie cheat and bully you into paying for something which may not even be yours.

 

As for sending Licensed Field Agents to your door. This is a joke. There is no such a thing as Licensed Field Agents. They only exist in the fertile imaginations of Lowells

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i think i do owe this debt, but i was concerned because it had been jsut over 2 years since i last heard anything about it. So all i do is send this letter off to them and await a reply then??

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ta very much for this, just all of a sudden came out of the blue. So ignore the deadline date, send this letter off and await reply...Will do :D

 

Definately ignore any deadlines they impose. As Mr Ton says DCAs have absolutely NO LEGAL powers whatsoever. The fact that Lowells mention totally non - existant Licensed Field Agents lets you know the joke of a company you are dealing with. The MUST PROVE this debt actually exists

  • Haha 1

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Lowell,

 

Will always issue a default against you and that is hard to get removed as I am finding out.

 

You best bet would be to write to them as outlined by ODC, NEVER talk to them or call them directly deal with them only in writing.

 

They have purchased the debt as T-Mobile have sold it off and claimed the debt against tax relief.

 

Lowell have a whole library of threatening letters, ignore them all, write to them as outlined and offer what you can afford to pay and stick to your weekly/monthly amount don't let them force you into paying more if you can't afford it. if it takes a year to clear it takes a year.

 

To force you to pay Lowell (or T Mobile) would have to take you through the County Court and your offer of a small regular amount would be looked on favourably. They don't take you to court as its probably commerically not worth their while, they want to resort to good old fashioned scare tactics. Sad but true.

 

There is also lots of advice on this site concerning transfer of deed of assignment (T-Mobile selling the debt to Lowell) ask to see the deed and a copy of your true, signed agreement when you opened the account with T-Mobile.

 

Don't worry, everything will be OK, read as much as you can on here, knowledge is power!

 

Good Luck.

 

G

:!:Currently at war with Bank of Scotland and Lowell

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  • 4 weeks later...

Hey guys, back again. Sorry for the lateness on letting you know whats happened but i have just got the letter from Red Debt saying:

 

"We write in respect of the above debt, which, as previously notified in writting we have purchased from T-Mobile. We would advise that the nil balance shown on the statement relates to when T-Mobile removed this from their system in preparation for the sale to us. This does not mean that there has been any payment received against the account or that your liability for payment has been removed.

 

We are now entitled to receive payment of the balance of £613.72 from you and enclose a copy of your statement as requested. Neither T-Mobile nor ourselves are aware of any reason for non-payment.

 

please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without futher notice."

 

They also included the final bill that was sent to me by T-mobile asking for the money, nothing about them owning the money, just T-Mobile asking me for it, and the zero balance that red debt mention doesnt exsist, the zero balance is the amount of call usage i used the previous month(twats). So they have not proved that they own the debt to me even tho i asked for proof.....Any ideas what now???

 

Cheers

 

Fogy

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Like ODC will tell you....Lowells/Red/Hampton legal are a joke of a company who wont actually do anything other than send threatograms out.

You find this out for yourself in due time.

Soon you will get an offer of a 60 to 80% discount off them - when that doesnt work, they'll vanish :rolleyes:

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You have already asked them.

 

Proof would be a signed contract between you and T mobile

 

A statement from T Mobile showing how they arrived at the balance

 

A notice of assignment served on you by T Mobile assigning the alleged debt to the Leeds Losers

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What they have provided does not constitute proof.

 

I would send them this, as a final response. If they bother you again, do as promised and report it to the relevant authorities.

 

 

Dear Mental Defectives,

 

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.

 

As I have no knowledge of this alleged debt, I demand that you prove your entitlement to enforce it. No further correspondence will be entered into unless you can prove that this alleged debt exists, and that I am indeed the debtor.

 

As your letter of xx/xx/xxxx already puts you in breach of the Office Of Fair Trading Debt Collection Guidance a complaint has duly been filed. Any further breaches will be added to this complaint.

 

Should you fail to comply with my demand for proof, the matter will be brought to the attention of my own local Trading Standards department, as well as the one in your local area.

 

As you have demanded money with no proof of entitlement, you can regard this letter as the initiation of a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. Should you fail to satisfy this complaint, it will be escalated to the Financial Ombudsman Service.

 

Should you be unable to provide proof that this alleged debt is genuine, then you are in breach of the Data Protection Act 1998 and must cease processing my data immediately. Failure to comply with this will result in a complaint to the Information Commissioner and may result in court action.

 

Also, note that while the account relating to the reference number above remains in strong dispute, you are not allowed to pass it on to any third party. Should you do so, further complaints will be made to the relevant authorities outlined above.

 

I look forward to your reply that this matter is now closed and that you have totally removed my data from your system.

 

Yours Faithfully,

 

xxxxxxxxxxx

 

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

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If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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