Lowell and Humpty Dumpty

[angry cat]

An update;

 

Lowell went into default of my s78 CCA request on 30 January, 2009;

I wrote to both Lowell Portfolio 1 advising them, copy letter to Lowell Financial Limited.

My letters crossed in the post with this:http://www.consumeractiongroup.co.uk/forum/show-post/post-1963201.html

 

Lowell Financial didn't waste much time in replying to my copy letter, as I received the following astonishing reply by return of post:

 

"We write in respect of the above matter and your recent correspondence,

may we apologise for the delay in our response.

 

We have noted your comments and can advise that under the terms set out by The Consumer Credit Act, a creditor has an initial twelve days to provide the documentation requested.

After this initial period we have a further thirty days to provide this documentation giving a total of forty two days to provide the agreement before the debt becomes unenforceable.

 

As your request was received by us on 14th January 2009 this time limit has not yet expired.

 

We trust this letter clarifies the current situation and will contact you in due course regarding your request.

 

Yours sincerely,

 

Samantha Swallow."

 

AC

[pt2537]

actually, the 30 day part has been repealed so actually in law, they have 12 days!!! and that is it

[ODC]

Samantha Swallow. Crazy name. I would advise you not to swallow her untruths but spit them out. Good to see that the Leeds Losers are up to date with the current legislation.

[Shawn0109]

I wouldnt really be too worried about these people, of course they have different addresses in Leeds but it's all the same Lowell Red and Hamptons Legal all under the Lowell Group. Just with a different PO Box Number and post code but all in the same building. Lets see what they come up with if anything..........

[angry cat]

actually, the 30 day part has been repealed so actually in law, they have 12 days!!! and that is it

 

 

Yes, I know pt!

 

as I said, I sent Lowell Portfolio 1 a letter dated 03/02/09 (copy to Lowell Financial) advising them that they they are in default of my legal request etc and Lowell Financial replied with the above rubbish on 05/02/09!

 

I was astonished to discover that Lowell are not up to date with legistlation...

further, I had reminded them of the new CPUTR's 2008.

 

Makes one wonder, what planet they are on?

 

AC

[angry cat]

Sending this letter back:

 

 

 

09 February 2009

Your Reference: XXXXX

 

Ms. Samantha Swallow

Customer Services

Lowell Financial Limited

Enterprise House

1 Apex View

LEEDS

LS11 9HB

 

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

 

Dear Ms. Swallow,

 

RE: MY REQUEST UNDER SECTION 78 OF THE CONSUMER CREDIT ACT 1974

 

Thank you for your letter dated 05 February 2009, in which you confirm receipt of my request under section 78 of The Consumer Credit Act 1974, on 14 January 2009.

 

I note that the second paragraph of your letter states:

“...under the terms set out by The Consumer Credit Act, a creditor has an initial twelve days to provide the documentation requested. After this initial period we have a further thirty days to provide this documentation giving a total of forty two days to provide the agreement before the debt becomes unenforceable.”

 

Unfortunately you are mistaken with the above opinion. Factually, in law the time allowed for compliance is 12 days after receipt. The Consumer Protection from Unfair Trading Regulations 2008, was implemented into United Kingdom Law in May 2008, this amended the prescribed time period required for compliance with a section 78 Consumer Credit Act request.

 

As you have failed to comply with my request within the prescribed 12 day period, the account entered default on 30 January 2009. No doubt you are aware that section 78(6) of the Consumer Credit Act 1974 (“the Act”) states:

If the creditor fails to comply with Subsection 1

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

Take notice that the Lowell Group has duties and obligations under the ‘Unfair Commercial Practices Directive’ and the ‘Consumer Protection from Unfair Trading Regulations 2008’.

 

If you do not understand the content of this letter, please refer to your legal department in order that, you can obtain professional advice.

 

Yours sincerely,

 

AC

 

Sent by Royal Mail Recorded Delivery Service

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, OR ANY COMPANY THAT YOU CLAIM TO REPRESENT".

 

AC

[ODC]

Samantha Swallow sounds like a porno actress. Surely Clownells havent upped their standards to employ actresses.

[Bazza66]

It's a standard template response. I'm not sure in respect of Egg how good they are at keeping proper records, maybe someone with experience of Egg will confirm if the CCA is likely to show up but if Lowell are offering a 60% discount you have to ask yourself why? Lowell are obviously not confident of the CCA turning up other wise they would just hold out until it appears then take you to court for the full 100%.

 

I had exactly the same letter twice from Lowell then they said they were closing the file, over the space of about 3 weeks, I would sit tight and do nothing if I were you.

 

 

I had CCA request with Lowell-Life for an Egg account. They also offered me the 60% discount and then guess what - they finally replied with "Due to the age of the debt Egg can no longer retrieve CCA from archive". Which I read as Egg have said "Get Stuffed - we've sold you the debt and we cant be arsed to keep looking up records for you so RASP!!!!".

[angry cat]

Samantha Swallow sounds like a porno actress. Surely Clownells havent upped their standards to employ actresses.

 

Ms. Swallow writes letters from both;

Lowell Portfolio 1 Limited and

Link Financial Limited!

 

Ms. Swallow appears to be a busy girl...

 

interesting though as, both companies are two entirely separate entities, however both appear to be attempting to collect on the same disputed alleged debt.

 

 

AC

[ODC]

Very busy

 

Samantha Swallow :: The online home of Samantha Swallow

[ODC]

Although I think this is the real one

 

Executive Change: Samantha Swallow to Lowell Group as Customer Service Manager

 

Press Release

December 10, 2008

Leeds, UK-based debt purchasing company Lowell Group has strengthened its management team by recruiting Samantha Swallow to fill the new role of Customer Service Manager.

 

She will manage a fast-growing team, currently 30-strong, which is responsible for dealing with correspondence and queries from holders of newly acquired accounts.

 

 

 

 

Samantha joins the company after 17 years with National Australia Group, during which she gained experience in a variety of operational management roles, working in Leeds, Glasgow, New Zealand and Australia.

 

The new position of Customer Service Manager has been created as a result of Lowell’s ongoing growth. Over the last 12 months the number of customer accounts managed by Lowell has almost doubled from 2.0 million to 3.7 million.

 

Samantha takes over day-to-day management of the team from Head of Operational Support Neville Megaw, who commented: “The Customer Service team plays a key role in post-sale administration of all accounts we purchase. We are delighted to have appointed Samantha Swallow to head the team. She is a proven team leader with a strong track record in performance management.”

 

About Lowell

Formed in 2004 with backing from a private equity fund managed by Cabot Square Capital, Lowell Group (Lowell Group - Financial Debt Purchase Specialists) is a specialist debt purchasing company. Lowell Group buys consumer debts from a range of blue-chip organisations and then manages the recovery of those debts, working closely with debtors to help them resolve their financial difficulties and pay off what they owe. For the year ending 31st August 2008 Lowell Group reported an EBITDA of £20.6m on a collections turnover of £75.5m. The business employs more than 300 people at its state-of-the art HQ and customer contact centre in Leeds.

[mr.ton]

All of that wasnt posted with any element of sarcastic amusement was it ODC?

[babybear39]

How can she be working for 2 seperate companies?

[ODC]

How can she be working for 2 seperate companies?

 

Like most DCA employees she probably has a split personality. You know what I mean. The ignorant nasty bully that phones most of us and then the ones that *** ******* says he employs that stick to the rules.

[angry cat]

No wonder she left!

 

The Office of Fair Trading: National Australia Group Europe Limited (trading as Yorkshire Bank)

 

Now she is with Lowell, but does not know the legislation...that is hard to swallow.

 

AC

[noomill060]

AC- going by the letters you have received, I would expect to receive a letter from Lowells with a week or two stateing that "due to the length of time which your account has been open, neither Lowells nor Egg are able to supply you with your CCA, and that Lowells is closing its books on you and will not be hassling you again"

[Shawn0109]

You will get that letter moomill060 has said above as all have said Lowell always dont have complete paperwork and also they have no enforceable agreements either, so like I say dont be worrying. They are muppets as people have said I think Kermit the Frog works for them in their collections departmant.

[angry cat]

Time for an update!

 

Today, I received two large envelopes from Lowell and a nice letter from,

Samantha Swallow.

 

"We enclose copy or your original credit agreement with Egg in response to your written request to us under Section 78(1) of the CCA '74.

 

We would also confirm the following information as required by the above ACT-

 

Balance payable against your account: xxxxxxxxx

Current state of your account: Defaulted.

 

We look forward to your proposals fro repayment within the next seven days.

 

Payment can be taken over the telephone by debit or credit card.

 

Please call: 0844 844 4717

 

Yours sincerely

Samantha Swallow."

 

I have been provided with a set of incomplete statements and a two page microfiche copy document that Lowell refer to as a credit agreement. Nothing else.

 

AC

[babybear39]

Report them to TS and the OFT for suggesting in their letter that you can pay by credit card, this is particularly nawty as it's against OFT guidlines.

 

Can you scan and post the agreement (minus personal info) please?

[ODC]

Also have a little look at Pauls thread about Egg agreements and the possible UNENFORCEABILITY of them

[angry cat]

Deleted

 

AC

Edited December 9, 2009 by angry cat

[angry cat]

and not a comment???

[angry cat]

Okay,

I will draft up my response to Lowell.

 

AC

[noomill060]

Hi AC- check out pt2537's thread on Egg agreements...

[noomill060]

This agreement falls down on the word "Limits"

 

Limits - limits of what?

 

It doesnt say, does it?