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Isobelle V Red Debt ( Lowells )


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We have also have recieved letters from Lowells

 

OUT OF THE BLUE

 

1 My husbands regarding a vodofone debt, our legal aid solicitor wrote to Moorcroft offering a £1.00 per month regarding this debt in 2007, we have not ever recieved a reply from them. My husbands phone was stolen in 2005 while he was high and very ill on a trip to Amsterdam ( he has Bi/polar). He has always aknowledge the calls he made to vodafone but contested the calls made from when it was stolen but Vodafone have not been helpful. He went through his statement in hospital.

 

2 My letter is regarding Capital One, I settled this account in full in 2004, now Lowell have sent me a demand for £57.00. I will send them a letter I do not acknowledge and see what happens.

I cant wait now for the next letters, I watched watchdog last night, very interesting response fron Lowells, no mention of Red Debt!

 

A snap shot of our History

 

We have a lot of debt due to my husbands illness and with the help of the solicitor have come to arrangements with our other creditors paying £1.00 per month. It has been such a relief letting the solicitor take over, I would recommend it for anybody in our situation. Only worry I have now is our legal aid has come to an end, we can still send letters to the solicitor but he cant act upon them for another 12mths, we would have to pay his fee.

Managing the monthly payments is stressful if I can set up a standing order it helps to keep on top of things and I know they are payed on time and regularly. Two companies however, I need to buy postal orders and post them, I have repeatedly asked for their bank details or a standing order form, no replys. I have tried following their link to pay on line but because my payments are less than £5.00 it is impossible.

 

Our situation has and still is affecting our whole life, we now rely on benefits, I have retired from nursing and lost a good salary to be a full time carer for my husband. My husband is still under enhanced care following discharge from hospital 2007 with twice weekly visits. Life has been hell and still is at times for both of us. But I dont give up but at times I ask myself do I need this but in the end if we have to we will go bankrupt, we have no assests and live in sheltered housing. My main concern is if my husband will be able to cope.

 

Sorry for the rambling

These debt collection agencies are not concerned about people, it is a waste of time letting off steam to them. Even sometimes information in writting from professionals. The staff on the phone are only earning a living so its easier to put the phone down, dont talk to them.

Money is more important than life and will always be.

 

Lowells/ Red debt To be continued I`m sure

Isobel

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Hi Isobel and welcome to CAG :)

 

It sounds like you have been through a very difficult time but are getting through it and your are lucky as you have CAG on your side now ;)

 

As you and your husband are living off benefits, then the DCAs are very lucky they’re even getting £1 a month from you. The benefits you are paid are what the Government says you have to live off each week and are for essentials like food and utility bills.

 

Start a new thread on your situation and you will get all the advice you need. If you’re not sure about how to start a new thread, have a read through the Dummies Guide below:-

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Have you considered writing to all your creditors and asking for the debt to be written off due to your circumstances? :-

 

Creditors and DCAs - Consumer Wiki

 

If you write to any DCAs, always send your letter recorded (just over a pound) and use the Royal Mail “track and trace” service on the internet to ensure you have proof of delivery, then they can’t say they haven’t received it.

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Hi Isobel,

 

I have started your own thread here, you will get all the help you need here.

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi issobelle-

 

To start with you are not alone.

 

First of all, read this thread-

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/177871-me-lowell-financial-costs.html

 

 

if you want, watch Watchdog again.

 

BBC - Lowell - chasing debts - Watchdog - Blog

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Isobel dont be affriad of these pond **** low lifes with the IQ of a worm, I had my court hearing today they didnt show up maybe because of the watchdog on tv last night the judge ruled to Set Aside a Stat Demand because the dumb ass people from the Low****rs didnt have a CCA and neither did the original creditor Crappy One simple rule dont answer the phone to em dont call em do evrything in writing whats the bet they have no paperwork on this debt they will soon crawl back to where they came from a ****ty river no less. Like noomill060 says look around my thread if you need any help or advice we are all here to help you.

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Oh and Isobel Lowell/Red and another one called Hampons Legal they are the same company so if you get a letter saying "Oh our Client Lowell Financial has passed this debt on to us blah blah blah we will serve you with a ccj or a stat demand blah blah blah" What I would do CCA them £1 postal order the letter but do not sign it and send it recorded delivery so they then have to sign for it. You will be surprised they will not have any paperwork for anything I'm not gonna go into what these people do to your credit file without you knowing about it till you look at it.

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Hi all

Thank you for your advice and support. I did get two of my husband debts written off in the past but have'nt tried since because the solicitor has been dealing with the debt problems.

I have written a letter to Lowells asking for proof of the Capital One debt and I will attach it to this post for your advice. Maybe there is something that I need to add. I have also written a letter of authorisation from my husband so I can deal with the vodofone debt in the same way.

Yes, both our lives have changed for the worse and its a very slow recovery for my husband, he will never be fully well. We have lost so much and at the wrong time in our lives. But Hey! its not boring

Now I will try to attach the letter, I love a challange (sometimes)

Done.

Hope its attached may need to try again

 

Isobel

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Hi Isobel...if you're having problems try Image hosting, free photo sharing & video sharing at Photobucket (free) and there is a tutorial here if you're not sure what to do - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

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If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi all

Thank you for your advice and support. I did get two of my husband debts written off in the past but have'nt tried since because the solicitor has been dealing with the debt problems.

I have written a letter to Lowells asking for proof of the Capital One debt and I will attach it to this post for your advice. Maybe there is something that I need to add. I have also written a letter of authorisation from my husband so I can deal with the vodofone debt in the same way.

Yes, both our lives have changed for the worse and its a very slow recovery for my husband, he will never be fully well. We have lost so much and at the wrong time in our lives. But Hey! its not boring

Now I will try to attach the letter, I love a challange (sometimes)

Done.

Hope its attached may need to try again

 

Isobel

 

Hi isobel sorry to here off your troubles:( with the help of CAG im sure you will get through this good luck:)

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Dear Mr Andrew Bartle

 

Ref : 93335957, Capital One

 

 

You have contacted me regarding the account with the above reference number, which you claim I owe.

I do not acknowledge any debt with Capital One or with your company. This Capital one account to my knowledge was settled in full in 2004/5.

 

As I have not received any written communication or telephone calls over the last 4-5 years from Capital One. The telephone number Capital One holds has not changed. You must agree that as this information has taken 4/5 years to be brought to my attention I have a right to feel suspicious and need you to provide evidence of this debt before I can give it my consideration.

 

I ask that you give this request your most sympathetic consideration, and thank you for your attention to this request.

 

 

Yours Sincerely

 

 

 

 

 

 

I cut and pasted and it worked Please let me know before I post it today if I have missed anything important or put something in thats not right. Thanks

Edited by isobel68
miss spelling
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your address

 

Their address

 

Date

 

Ref xxxxxxx

 

Capital 1

 

 

Dear Miss Bartle

 

 

You have contacted me regarding the account with the above reference number, which you claim I owe.

 

 

I do not acknowledge any debt with Capital One or with your company.

 

This Capital one account was settled in full in 2004/5.

 

Any further contact from your company will be considered harassment and treated accordingly.

 

 

Yours, blah.

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Hi,

Are you claiming all your entitled benefits, like Disability living allowance, for your husband and Carers allowance for you. These would make a huge difference to your monthly income if not being claimed. X Willow

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Thank you Willow for thinking of me, yes I have got all the benefits we are entitled to and they do help a great deal. We both also receive direct payments, helps my husband as he can chose what support is appropriate for him and for me it has made a big difference as it allows me to get involved with my hobbies etc. gives me time away from my caring role, also Making Spaces and my support worker are another life line. Here I can meet other carers, have pamper days out plus they hold courses related to the caring role. We can meet in between time to support each other, mental health is still a taboo subject and a lot of carers find it embarrassing and do not tell anybody what they are going through. So,for anybody who is in the same position as us and have not heard of this kind of support its worth talking to the social worker. I'm not sure if some this help is just applicable to mental health but it's worth checking out. Most of this information came from my support worker from Making Space she is brilliant so glad of her support and knowledge.

 

Isobel

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  • 3 weeks later...

Hi all,

I sent red debt a authorisation letter from my husband to enable me to discuss his situation and asked then to contact me by letter only, they have ignored this so I will send it again. They have sent letters/postcards address to him and made phone calls asking to speak to him. Of course because of his mental health and medication if he picks up the phone he can sound stable and plausable. he can't keep it up though. He soon gets angry/distressed and aggitated. Then its left with me to cope with the after effects.

 

As for myself, Lowell have replyed to my letter(watchdog template) politely asking me to supply proof of settlement of my account with capital one. Of course 5 yrs on I am unable to do that and surely it is up to them to provide me with information. Am I correct and do I send a legal request for them to provide this information now?

If I owe it !

 

Anybody got a view on this, it will be appreciated

Isobel

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Hi Isobel......please write down all the times and dates they call you, I presume you have sent them the 'harrassment' letter. I think what may be a good idea to do is send a SAR (Subject Access Request) to Capital One, unfortunately this costs £10 (send postal orders and send it recorded) - at least you will know where you stand....It is very likely that the £57 they are trying to chase is excessive charges...!!! It may even be that they owe you more than you owe them..!! £10 seems a lot to spend on an alleged debt that is probably made up of charges...but there may be a few others that potentially you can claim back....

 

This is a good SAR to send..send it to the Data Compliance Manager at their head office (or the address on their statements)

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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They have to supply all the information within 40 days...if they don't respond, you'll need to send them a LETTER BEFORE ACTION, giving them a further 7 days, if they don't respond to that, you put them in court where the judge will award you compensation....there is no excuse for not providing this information...

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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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