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Hi all. I have a problem with Lowells and don't quite know what to do.

A few years ago I suffered a massive depression and didn't pay my credit card bill with capital one and didn't reply to letters. Capital one sold my debt on and in 2007 Lowells contacted me and said that i owed them nearly a grand. I wrote back acknowledging that i did owe the money and offered them £5 a month (I'm now on benefits) . A letter came back dated 12 april 2007accepting my offer for six months but within 4 days of that letter another came (16/04/07) asking me to contact them. As i had an agreement sorted, I didn't bother. Three more letters came (08/05-15/05&04/06/07) all with varying levels of threats of legal action which i ignored (depression setting in again) When the legal letter from Hamptons arrived I thought I had to deal with this so I rang them. I have never felt so bullied in my life. this guy harrased me into giving my financial details over the phone and i got so stressed that i couldn't remember everything i had to pay out. I ought to mention that I am registered disabled and get high rate disability living allowance (mobility) and I'm chronically sick. The guy wanted to know all my income and then pressurised me into offering £15 a month instead of the £5 i was already paying. Through all of this I was paying into their account via Barclays Bank which was okay by me.

I sent them a letter complaining about the way i was treated by this muppet and told them that all further communication would be by letter as i couldn't cope with the harrasment. No reply. all went well until January this year when they sent me a letter saying that i had to set up adirect debit with them. i sent a letter back saying no as they would be able to vary the amounts taken. More threatening letters. In may and june they sent me standing order mandates which i filled in and sent back. Unfortunately My bank account does not do standing orders so I contacted Lowells and told them so. they replied saying they would put my account on hold an contact me in due course. since that time i have sent them 4 postal orders as my monthly payment and 3 letters asking them to allow me to pay via the bank as postal orders cost more than the bank. Have i had a reply. have i heck. In my last letter i said that if they do not reply this time i would hold my payment back and seek advice but I'm not sure if that's the right thing to do.

Im sorry if this is long winded but it helps to get it off my chest. With the increase in my outgoings due to the economy I'm finding things a struggle so my questions are: Are lowells allowed to take into account my disability living allowance when working out how much i should be paying: Are they allowed to ignore letters sent to them and: I want to reduce my monthly payments to a level i can afford. My outgoings a high because of my health and mobility problems.

Just a foot note. I also have a debt bought by cabot and i have had no problems with them at all.

Many thanks in advance

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This behaviour by these clowns is totally unnacceptable. Send them the following letter which if they do not produce a valid Consumer Credit Agreement within 12 working days means they are in Default and you can legally stop all payments to them. If you got your Crapone card over 5 years or so ago it its very unlikely thet Lowells will be able to come up with a valid agreement. Under NO CIRCUMSTANCES should you ever speak to them on the phone. They have no Legal powers whatsoever. Hampton Legal is just another desk in Lowells Leeds Threat Centre. They print out the same nonsense on different notepaper.

 

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.

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With the greatest respect, Lowells must love you - they say jump, you say how high?

Please cease all payments to these clowns immediately.

They have no power or authority to be obtaining money off you in any way shape or form without going through a county court 1st.

If they ring you again, refuse to answer any security questions & tell them that you stopping payments right away for the reason above.

They will kick,scream & throw their toys out the pram - but tough, stand your ground with them.

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OK, these people need putting in their place for starters.

 

1. only pay them what you can afford

2. did you request the credit agreement from them to verify they are allowed to collect the said debt?

3. are there any late charges you can reclaim

4. never phone these people

5. request their complaints procedure again and complain to TS and OFT about their abusive behaviour

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Sorry to hear that these lowlifes have made your life a misery, you have found the CAG now so things will get a lot better from here on in.

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WOW! I only posted my thread a few minutes ago and what a response. I will follow all the advice and let you know how i get on. many thanks:)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The OP is under no obligation to pay a single penny without a county courts say so first.

 

Yes I know but some people feel uncomroftable about not repaying, as stated in the first post he was happy to provide a fiver a month, it was only when they got greey that he came here, as is usually the case:)

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Yes I know but some people feel uncomroftable about not repaying, as stated in the first post he was happy to provide a fiver a month, it was only when they got greey that he came here, as is usually the case:)

 

Its up to us to teach those people that any £1 spent without a CC's say so, is a £1 wasted ;)

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Its up to us to teach those people that any £1 spent without a CC's say so, is a £1 wasted ;)

 

But its not up to us to advocate debt avoidance

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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But its not up to us to advocate debt avoidance

 

How is it debt avoidance exactly? :confused:

Its about realizing that DCA's are powerless companies with no authority whatsoever & do not have to be paid a penny ever.

The courts do & i fully respect them - but DCA's no.

Edited by mr.ton
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I was nearly moved to tears by your first post and then I suddenly realised this appalling bully boy behaviour from lowells had brought you here.

 

They won't like that!

 

Send that letter and come back here whenever you need more help. You are amongst friends!

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I don't think taking up Lowell, or any other DCA's offer of a Court hearing would be classed as debt avoidance/evasion.

 

Too often we read and hear complaints from people who are driven to the brink over debts which they may not even owe. DCA's don't care who pays them as long as somebody does. A lot of problems could be solved on both sides if we can break that typically British quality of just rolling over and taking it up the chutney when someone mentions 'court' without even having the sense to ask "With whom am I having the pleasure?" and "Why?".

 

How many people have spent months suffering torrents of abuse over the 'phone and wading through tons of wasted paper, when all you wanted was an opportunity to say your piece in court in the first place??

 

It's important people know that County Courts do not exist to enforce the will of DCA's - they are there to resolve disputes, stop the bullying, and see the debt is repaid at an affordable rate.

 

Just to clarify, the OP states they are receiving DLA, that has legal implications in terms of debt recovery, and so a County Court may be the best option - but the only way you'll get Lowell to make a move (if they can) is to ignore them - the alternative is to suffer months/years of abuse paying way over the odds of what they paid for it in the first place.

 

:)

Edited by dannyboy660
clarification of my waffle....poisonous monkeys.....

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Whether you class it as Debt Avoidance or not. Lowell purchased this alleged debt for about 10p in the pound. In doing so they take a gamble.

 

Will they Con someone into paying

 

Will the person insist on their Legal rights

 

Whether you regard not paying a DCA as Debt Avoidance or Not there is no excuse for their GREEDY Bullyboy Tactics in pressurising people into making payments they cannot afford. If Lowells cannot produce ALL the proper paperwork then why should they be paid anything, The Original Creditor has already written the amount off against tax so they are not at a loss. Lowells are speculating on others misfortune and taking a gamble. If they havent got the paperwork then their gamble is lost. Tough Sh*t but hey Thats LIFE.

 

If you went into Ladbrokes and told them you had made a huge bet which won but you had no betting slip would they pay up.

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Which is why I asked if he had queried the right for lowells to collect!!:mad:

 

the issue I raised with MrTon has nothing to do with this OP's post and is detracting from the help he needs.

 

I was always led to believe that the CAG did not advocate debt avoidance / non payment, has this changed lately?

 

If the debt is valid and is theirs then it is down to an individual whether they honour the debt or not!

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Well I did it. I posted the letter as advised by ODC and sent it by recorded delivery and included the postal order. Let's see how long it takes them (if at all) to reply.

I wish I knew of the rights I have before I replied to lowells. The stress would have been less that's for sure. I wouldn't be as grey as i am now:rolleyes:

one thing though. does the fact i have been making payments to them mean that i accept i owe this money? Would that go against me if it got to court. Is it worth writing to the trading standards and the financial ombudsman yet or wait to see what comes from lowells?

Thanks for all the replies. It's great to know you're out there

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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No it dosent matter that you have previously paid them you can request the CCA anytime,

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Which is why I asked if he had queried the right for lowells to collect!!:mad:

the issue I raised with MrTon has nothing to do with this OP's post and is detracting from the help he needs.

I was always led to believe that the CAG did not advocate debt avoidance / non payment, has this changed lately?

If the debt is valid and is theirs then it is down to an individual whether they honour the debt or not!

 

I actually believe i am giving the OP far more valuable advice :rolleyes:

Call it debt avoidance or whatever...fact is that DCA's are not entitled to be paid a penny unless they go through the county courts.

Your advice to quote your 1st two was - "Pay what you can" & "request credit agreements"

Firstly the OP should pay nothing at all for the reason i stated & what is the point of requesting a credit agreement exactly?

Because it gives them the right to collect on the debt??

Well woooopey doooo, the can have as many credit agreements till they are blue in the face - but the simple fact is that they are still not entitled to anything unless they go to the CC :)

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I actually believe i am giving the OP far more valuable advice :rolleyes:

Call it debt avoidance or whatever...fact is that DCA's are not entitled to be paid a penny unless they go through the county courts.

Your advice to quote your 1st two was - "Pay what you can" & "request credit agreements"

Firstly the OP should pay nothing at all for the reason i stated & what is the point of requesting a credit agreement exactly?

Because it gives them the right to collect on the debt??

Well woooopey doooo, the can have as many credit agreements till they are blue in the face - but the simple fact is that they are still not entitled to anything unless they go to the CC :)

 

We are all entitled to give what advice we see fit, and it is up to the OP to decide which way to go, so I think I will leave it there as we are obvioulsy going to agree to disagree:)

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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We are all entitled to give what advice we see fit, and it is up to the OP to decide which way to go, so I think I will leave it there as we are obvioulsy going to agree to disagree:)

 

Fine fair enough....but by you saying that the OP should pay whatever they can, then you are acknowledging that the DCA has power/authority when it hasnt ;)

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Well I did it. I posted the letter as advised by ODC and sent it by recorded delivery and included the postal order. Let's see how long it takes them (if at all) to reply.

I wish I knew of the rights I have before I replied to lowells. The stress would have been less that's for sure. I wouldn't be as grey as i am now:rolleyes:

one thing though. does the fact i have been making payments to them mean that i accept i owe this money? Would that go against me if it got to court. Is it worth writing to the trading standards and the financial ombudsman yet or wait to see what comes from lowells?

Thanks for all the replies. It's great to know you're out there

 

Lowells will reply within a week or so with their usual guff about having to contact their clients to retrieve the information but that it might take time so bear with them.

 

About a fortnight later they will still tell you they are trying to get the documentation from their clienand WHEN not If they do you will be required to pay IN FULL however because they are such nice people they will offer you a 60% discount but will only give you 24 hours to pay them. This is usually followed up in about 10 days with a similar offer before they eventually admit defeat or produce a totally useless piece of garbage which they claim is an enforceable agreement.

 

The fact that you were making payments to them is irrellevant.

 

Lowells cannot take you to Court unless they produce a valid properly executed CCA

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