Lowells Customers- Put them on notice!!!

[Toulose LeDebt]

If you admit to a DCA getting a Notice of Assignment by ordinary post would this not then 'rectify' the service

 

Good question and quite likely the answer is 'YES'. Written acknowledgement of receipt is pretty incontovertible proof the document has been served. Still arguable that it's not compliant with 196(4) but a much weaker argument IMO.

 

This assumes that such notice is valid in all other respects which tbh is likely.

 

It does not however validate any action taken prior to the date of acknowledgment.

[PaulR17]

Thanks for all your legal efforts guys, it really it appreciated

 

I'll take it that in the normal course, an NOA is incontrovertible, and only is worth taking a case up against if they issue defaults or charges, PRIOR to the assignment

[noomill060]

No, read the first post.

[noomill060]

"The big problem for Lowells is that their notices appear to be very often non existant or otherwise invalid.

This can be for any number of reasons, the most common are:

 

A notice served by postal service is only deemed served if it complies with the requirements set out in Sec 196 of the Law of Property Act 1925 Ie. recorded or registered delivery.

If the date on the notice is innacurate then the notice is invalid.

No date on the notice or no signature on the notice does not invalidate the notice in itself." TLD

[cymruambyth]

I'm beginning to feel left out s Lowells aren't one of my playmates.......however......I think I will have to look at all my other paperwork.

Thank you for all your efforts on this and 'other'threads.

[alfwithhair]

will be digging my lowells NOA out to double check the details, thanks for the info

[cashins]

Sub

 

It never fails to amaze me that large organisations, with all the expertise they can call on manage to cock up so spectacularly.

 

Excellent stuff

 

David

[LondonChris]

Thanks for all the info, I think this will really help

[Mrs_Ryan]

Question -

 

Im paying Red an HSBC student account debt which has about 2 payments left on it. I cant remember having anything like a notice of assignment.

 

Does this apply to bank accounts as well??? And if so, can I demand my money back for them getting money out of me under false pretences??

[beachcomber60]

Fascinating read.

 

I dont know if CL Finance is part of Lowells but reading this thread raises questions with NOA from CL Finance.

 

After getting into difficult times I managed to get GE/Debenhams Store Card to accept lower payments, no sooner after setting up this arrangement I received a NOA from CL Finance (by normal post) stating that they now owned the debt and to continue the payment plan but send all payments to them also as I was on a payment plan a default notice would be put on my credit file as a condition of the payment plan.

 

Sorry if this is not part of Lowells group.

[bazaar]

I'm beginning to feel left out s Lowells aren't one of my playmates.......however......I think I will have to look at all my other paperwork.

Thank you for all your efforts on this and 'other'threads.

 

LOL. Dont worry, its not personal, the idiots are sooo snowed under what with UK26's case and others going for their throat. You wouldnt want them to not concentrate on your case would you,?

[gypsysaffy]

Hi please can you tell me if this is a valid deed of assignment received from lowell group, they have said that a copy of the assignment is not held on their systems and the letter they sent on the 10th November 2007 is sufficient enough. Hope someone can help. Thanx

Deed of Assignment - Anderton.doc[1].pdf

[angry cat]

Compucredit International!

 

Arrow Global and Lowell buy through them from Bank of America, Barclays etc...

 

AC

[bazaar]

Hi Gypsy so your 'agreement ' was made in USA??

If so it's not going to be enforceable under UK common law.

Send off the CCA request to Lowells pronto and see what turns up.

They should have sent you a notice of assignment also, by Registered post , if not then its not been served correctly, Thats just for starters.

[silverfox1961]

For any of you interested, this is the link to my Lowells thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-12.html#post1989899

 

I am taking the information from this thread and cpr 31.16 to bamboozle lowells. I probably won't post it until monday so long as there are no edits to do so all welcome to praise me or shoot me down

 

fox

[the_shadow]

Bad form to quote oneself but I forgot one other important consideration.

 

 

The OC will have claimed tax relief from HMRC under the deed of sale.

Since the OC is still title holder of the account where no valid assignment has been effected in law this could mean some very serious implications for the original creditors in these cases.

They have claimed relief for a loss they have not made.

 

 

Oh thats just ruddy priceless.. they'll have rev&customs after them in a shot :D:D:D:D:D

[gypsysaffy]

Hi i already sent them and received a subject to access request and Monument as well but no copy Deed of Assignment was sent, this was emailed to me from someone at lowell and from monument no default notice just this copy of credit agreement below i have now give them 7 days to produce the default notice but they have took their default notice off and lowell have put one on instead this is what i am trying to get removed but up to now they will not budge.

[angry cat]

SEC Info - Compucredit Corp - 10-Q - For 6/30/07 - EX-10.1

[gypsysaffy]

Hi sorry but what am i looking for in this link, not sure what do, please could you advise i am pretty new to all this. Thanking you

[angry cat]

Compucredit Uk; CCL No: 0597542

registered in london;

correspondence address: Atlanta GA

Trading names: Momument - Portland.

 

It is all on the OFT Public Register

 

AC

[angry cat]

I just posted it up because it is of interest.

 

AC

[gypsysaffy]

Hi thanks for that, but i never received the deed of assignment by registered post and also both sars to monument and lowell neither included a copy of the default notice which i have given monument 7 days to produce, if after 7 days i dont receive it what would be my next step. Hope you can help.

[flintstones1960]

Hi Gypsy just read your posts and want to clarify some areas if ok with you.

 

1. according to the fax copy of assignment the debt was sold to lowell on 31st Oct 2007

 

2. 10th November 2007 lowells say they sent by post a letter to say they now own the debt and cough up. (did you rec this letter and if you did was it sent registered or recorded post if not it doesn't meet the requirements?)

 

3. OC have removed the default notice on your credit file (do you know when?)

 

4. Lowells have now put a default on your file for the debt (same question do you know when they did this?)

 

5. SAR requests from both OC & lowells dont show the either the defaults, NOA or deed of assignment

 

IMHO you have lowells and compucredit on a number of points. In particular I would say that as the assignment you have posted is dated the 9th of Feb 2009 and from I have read & understand from UK26 thread is that the assignment only became lawful on this date and therefore any action that lowells have taken such as registering the default is unlawful.

 

I'm sure that other much more qualified people will be able to either confirm I've got things right and if not explain your position and point you in the right direction.

 

I'll check back later

[gypsysaffy]

hi not sure when monument defaulted but lowells said default date was september on credit file but they but theirs on nov and showed d december 2007 as well, the deed of assignment was not sent by registered post but i was the one that asked monument to remove the default last year sometime when i saw it on credit file as there would have been two on for same debt. I have asked lowell to remove the default but they will not budge, just waiting to see now if i receive copy of default notice off monument, when i have checked the credit ref agencies, lowell have said the default was satisfied on different dates on each one surely they must put the right settlement date on for a start so they all the dates match up. I also do not believe the cca is right either, what do you think. It is nice to hear from someone who may be able to help me as i am at a lost what to do next. I have sent lowell a request to stop processing my data but not heard anything about that either. Hope someone can help. Sorry its so long.

[beachcomber60]

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Edited February 19, 2009 by beachcomber60