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Lowell Portfolio and Old Debt - Stat Demand Issued ***WON + COSTS***


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please help over 12 years ago i was experiencing financial problems and the citizen advice bureau helped me arranged to pay loans. One was a bank Account with Abbey that was closed and i agreed to pay £50.00 per month. I did this for 2 years but then the account was lost! by abbey! and no one could access it for me to make a payment. This was 10 years ago. In the last few years i did what everyone did and sort to get my exterionate banking fees back.

Amazingly Abbey found this account and sent it to first credit to get there money back. i sent a letter stating it was statue barred and heard nothing for 2 years. However Lowell has got the loan now which is over 10 years old for my old closed bank account. I have sent them the letter re it being statue barred..hopefully it falls under this regulation :-?

and i received a letter for them stating the "having liased with Abbey to obtain the original document we have been advised that it is no longer avalable... at this time we have closed our fil and will not make further contact..." They lied:mad:

I continued to receive phone call and i stated that i did not wish to discuss a loan that i doi not accept and will only deal with this via letter..which i have done stating please do not call me and i do not accept this loan for the 3rd time.

 

today i have received a Statutory Demand making an appointment to see me tomorrow..i will not be in.This letter is on unheaded paper and hand delivered...please please help :eek:

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You could try to speak to someone at Watchdog on the phone as Lowells were recently on there due to chasing debts which legally they werent allowed to chase anymore. Apparantly even though they are not supposed to chase for this money they still do as some people decide its easier to pay them off than it is to put up with them chasing anymore. You could also speak to your phone provider to see if you can put a block on your phone so that they cannot chase you that way. With regards to this so called letter I would ignore it. If it isnt on letterhead paper it isnt worth anything legally anyway. They are not allowed by law as far as I know to enter any premises without permission and with the debt being so old theyd definately be breaking the law. You could also ask one of your neighbours to keep an eye out and to call the police if anyone is hanging round your house whilst your out.

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would e-mail these cretins,pointing out that the debt is statute barred.you have asked not to be called again about this and they are not welcome to call.

tell them that this is harassment and you will be seeking legal advise if they continue in this manner.tell them that you have reported them to fos and ts.

 

and please report them;)get them off your back.

 

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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what as i do do re the statutory demand ?? i have sent a couple more letters stating i do not wish them calling at my door and stating that the account is closed .a letter they sent. i am scared they will attend my home and remove items.please help

 

do i apply for the statutory demand to be removed ??

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Georgie...please relax!!!

Lowells are well known on here, they wont remove anything from your home.

They have no legal powers whatsoever.

They d have to go through the county court process 1st & removing stuff would be a complete last resort by the court once all other avenues have failed.

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georgie.

 

lowell are full of crap,they can not and DO NOT do any of the s**t that they threaten.

they just try anyway they can to scare you into paying them,:mad:

dont let them wind you up,laugh at them as we do,:D

IF a SD is issued you have excellent grounds to have this set aside.

have you kept copies of the letters that you have sent to these cretins?

 

 

 

 

 

 

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi Sam keeping up the good work I see.:D:D

 

I'm concerned about this sentence.

 

today i have received a Statutory Demand making an appointment to see me tomorrow..i will not be in.This letter is on unheaded paper and hand delivered...please please help

 

 

Sounds to me like Lowells are using unheaded paper to avoid leaving a paper trail in the event that they might be acting unlawfully.:eek::eek:

 

Georgie:

 

If this is Lowells normal guff albeit a different MO then don't bother rushing out for some custard creams first thing tomorrow.

 

If it's related to a genuine Stat demand and not just another of Lowells OFT breaching threatograms I would have expected it to be on headed paper in the very least with a Court name ref no/ company name, contact phone number etc.

 

I presume you haven't had any Court paperwork through, your original post tells me you know the score to some degree as you SB'ed the OC a few years back.

 

Now if by any chance somebody does come tomorrow if they're from Lowells refuse to speak to them and tell them to leave your property any way you see fit. You are under no obligation to speak to them or allow them to visit you and they have no legal powers whatsoever!!!!!! Despite the rubbish they write stating otherwise.

 

If it's a Bailiff. (Still no need to worry you can send him away pending investigation etc)

 

DO NOT!!!!!! Allow the Bailiff entry to your house.

 

Do push a copy of any letter (not original) stating the debt was SB'ed 3 years ago etc through the letterbox/window, tell him you knew nothing about any Stat Demand being issued such action being unlawful in the circumstances.

 

If possible try and get hold of a digital camera and grab a sneaky photo of the visitor before speaking to them.

 

DO NOT SIGN ANYTHING!!!!!!

 

Feel free to 'phone the police if you feel intimidated in any way.

 

Whoever it is remember you are right and they are wrong!!!!And be brave, they hope to intimidate people with talk of Stat demands and things the truthful answer is Lowells legal team would struggle to push a parking ticket through the Courts let alone a complex financial case.

 

Who are they anyway to make an appointment without your agreement????? These people make me so angry.

 

I suggest you will be contacting both Lowells and Abbey over this Georgie selling a SB debt in order that the collection process can start again is more than a little naughty.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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hi toulose:)

yes very sneaky,latest tactic me thinks:mad:but think its a threat of,not actual court sd.

poss ran out of or cant afford the usual postcard visitor crap:rolleyes:

 

unheaded or not must be name or ref or something to tie it to these morans,in order for op to know its them,so not quite going to get away with that:D

 

very interested to see if they dare show though!

 

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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The letter they pushed tro my dorr is even sneakier..the put a different reference than on my othr Lowell letters and it doesnt even have anything to do with Lowell on it?? just another name..i will not be in not to avoid them but i have an appointment..i would have love to told them where to go..believe me.

i have sent them a complaint letter and another letter stating why did they say they we closing i because of insufficent details and then open this 10 year old debt again?

 

Can someone remind me who do i complain to re this??

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The letter they pushed tro my dorr is even sneakier..the put a different reference than on my othr Lowell letters and it doesnt even have anything to do with Lowell on it?? just another name..i will not be in not to avoid them but i have an appointment..i would have love to told them where to go..believe me.

i have sent them a complaint letter and another letter stating why did they say they we closing i because of insufficent details and then open this 10 year old debt again?

 

Can someone remind me who do i complain to re this??

 

Red Debt and Hamptons Legal are different desks in the Lowell office so don't be alarmed if these companies contact you.

 

Complain to the OFT these type of letters are against guidelines in themselves as is chasing a debt which has been SB'ed after you have told them. This is tantamount to harrassment as defined by Admin Justice act 1970.

 

You need to contact Lowells with a harrassment letter, and get in touch with that *&$!!* bank too and find out what the hell they are doing selling SB'ed debts to DCA's years down the line.:mad::mad::mad:

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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hi toulose:)

yes very sneaky,latest tactic me thinks:mad:but think its a threat of,not actual court sd.

poss ran out of or cant afford the usual postcard visitor crap:rolleyes:

 

unheaded or not must be name or ref or something to tie it to these morans,in order for op to know its them,so not quite going to get away with that:D

 

very interested to see if they dare show though!

 

SAM:pLOWELL DETESTER

 

 

Be easy to spot they sent it anyway. It'll be written in crayon, have the lowells datamatrix on it and be covered in banana and peanut oil stains.:lol:

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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hi i have received a lettre fro lowell today..it state we have noted your comments and can advise that as stated in your correcspondance uner the terms set out by the consumer credit act, a creditor has an initial 12 days to rpivide the documentation requested. after the initital period we have a further 30 days to privide this documentation giving a toatl of 42 days to rpovide the agreement before the debt become unenforceable. as a copy of the agreement was forwarded to your address on the 2/2/09 the debt is enforceable??????:mad:

but its over 1o years old!!

contd... in the view of the above and in accordance with the schedule 2, paragraph 2(A) of the act that deals wutg any request under sec 10.lowell portfolio are not prepared to cease processing your data in respect of the debt claimed by Abbey National on the basis this is required for the performance of the said contract tow hich you are a party.

we trust this letter claries our position..

 

please help..this loand is over 10 years old and i have had no contact with abbey re this lao..i have other bank accounts with them but htis account has never been raised and was closed so the over draft could be paid off.. over ten years ago the last payment was sent..

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hi i have received a lettre fro lowell today..it state we have noted your comments and can advise that as stated in your correcspondance uner the terms set out by the consumer credit act, a creditor has an initial 12 days to rpivide the documentation requested. after the initital period we have a further 30 days to privide this documentation giving a toatl of 42 days to rpovide the agreement before the debt become unenforceable. as a copy of the agreement was forwarded to your address on the 2/2/09 the debt is enforceable??????:mad:

but its over 1o years old!!

contd... in the view of the above and in accordance with the schedule 2, paragraph 2(A) of the act that deals wutg any request under sec 10.lowell portfolio are not prepared to cease processing your data in respect of the debt claimed by Abbey National on the basis this is required for the performance of the said contract tow hich you are a party.

we trust this letter claries our position..

 

please help..this loand is over 10 years old and i have had no contact with abbey re this lao..i have other bank accounts with them but htis account has never been raised and was closed so the over draft could be paid off.. over ten years ago the last payment was sent..

 

 

 

If you have already sent them a letter stating its stat barred then send one asking them to prove how the debt is not stat barred. The onus is on them to prove its not stat barred not you to prove it is.

 

PmW

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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h as stated in your correcspondance uner the terms set out by the consumer credit act, a creditor has an initial 12 days to rpivide the documentation requested. after the initital period we have a further 30 days to privide this documentation giving a toatl of 42 days to rpovide the agreement before the debt become unenforceable. .

 

Just shows how idiotic these Cretins are. The 30 bit was repealled last year. They had 12 working days end of.

 

Make a formal complaint to TS the OFT and your MP about them chasing UNENFORCEABLE Sratute Barred debt

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They had 12 + 2 days the 30 days relates to something else anyway and is no longer in statute. Muppets!!

 

The debt is statute barred yet the OC sold it to 1st Crud. 1st Crud then either return it to the OC or sell it to Lowells.

 

Do you have any letter from when it was with 1st crud in which they acknowledge the debt was SB'ed?

 

If not you need to do as PMW says, state the last acknowledgement and payment was in 1999 at the latest, the a/c is SB'ed the OC has acknowledged this, ist Crud has acknowledged this now Lowells must acknowledge this or they are guilty of both breaches of OFT guidelines and if they continue to pursue you for collection and/or continue to lodge adverse data with the CRA's also guilty of breaches of both The Administration of Justice Act 1970 and the Data Protection Act 1998 (in the very least).

State that you will consider any form of collection activity including contacting yourself and sharing data with third parties as harassment as prescribed by the AJA 1970 and suggest that they immediately contact the OC in the matter to ascertain when this debt was last serviced or acknowledged.

 

(Don't be surprised if 1st Crud used a £1 postal order for a CCA request against the a/c to keep it from being SB'ed but the onus is on them to prove it's not now you have made claim that it is.

 

Allow them 14 days to respond in writing with a course of action and a further 14 days to complete their investigation and withdraw all information shared with third parties and notice of cessation on the account.

 

Also write to 1st Crud asking why they have unlawfully sold an SB'ed debt and permitted collections activity to start again?

 

Also write to Abbey asking why they have unlawfully been party to the sale of an SB'ed debt and permitted collections activity to start again?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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hi i have received a lettre fro lowell today..it state we have noted your comments and can advise that as stated in your correcspondance uner the terms set out by the consumer credit act, a creditor has an initial 12 days to rpivide the documentation requested. after the initital period we have a further 30 days to privide this documentation giving a toatl of 42 days to rpovide the agreement before the debt become unenforceable. as a copy of the agreement was forwarded to your address on the 2/2/09 the debt is enforceable

 

This part of the letter confuses me - did you send them the CCA request letter by mistake as this is their standard reply when you do.

 

The statute barred letter is 'M' in this thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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Hi there

 

I had a an old account with Abbey (like yours probably 10 years since it was closed) that as far as I recall the overdraft had been cleared on. Heard nothing on it for about 10 years and then in December got a letter from scummy Lowells saying I owed £100 (strange round sum amount eh?).

 

I went through the requesting cca process, they eventually provided an account application form from 1994, I then wrote back and said this is statute barred, they replied to say I had made a payment of £50 in August 2004 - this was blatant lies, I had no contact with Abbey or anyone on their behalf for like I say 10 years or so.

 

I demanded proof of the payment they claimed I had made. Yesterday I got a letter from scummy Lowells saying that Abbey had been unable to provide evidence of this payment, but it had been made, hence wasn't statute barred (rubbish!!). However, they had made a commercial assessment not to chase the debt anymore and hence would stop harassing me.

 

In the meantime I ignored the threatening letters from Lowells that threatened me with court etc.

 

Keep at it, they are in the wrong, they are ****, they lie and cheat, they know all this and will eventually back down. Just keep demanding proof, its up to them to provide this.

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Hi there

 

I had a an old account with Abbey (like yours probably 10 years since it was closed) that as far as I recall the overdraft had been cleared on. Heard nothing on it for about 10 years and then in December got a letter from scummy Lowells saying I owed £100 (strange round sum amount eh?).

 

I went through the requesting cca process, they eventually provided an account application form from 1994, I then wrote back and said this is statute barred, they replied to say I had made a payment of £50 in August 2004 - this was blatant lies, I had no contact with Abbey or anyone on their behalf for like I say 10 years or so.

 

I demanded proof of the payment they claimed I had made. Yesterday I got a letter from scummy Lowells saying that Abbey had been unable to provide evidence of this payment, but it had been made, hence wasn't statute barred (rubbish!!). However, they had made a commercial assessment not to chase the debt anymore and hence would stop harassing me.

 

In the meantime I ignored the threatening letters from Lowells that threatened me with court etc.

 

Keep at it, they are in the wrong, they are ****, they lie and cheat, they know all this and will eventually back down. Just keep demanding proof, its up to them to provide this.

 

i had a similar letter from lowell.seem like two people are looking at this differently. stating that Abbey had been unable to provide them with any evidence and this was now closed...however i have recieved several letter since then!!

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This part of the letter confuses me - did you send them the CCA request letter by mistake as this is their standard reply when you do.

 

The statute barred letter is 'M' in this thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

i didnt send them the cca letter.. i sent a statue barred letter.i have a complant letter for Abbey to send and i have sent another **** off its harrassmen letter to lowell and saying why was this closed then re opened letter to Lowell!:-x:confused:

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today i have recieved a hand delivered sd from hampton solicotor and behalf of Abbey and Lowell..where to next ?the covering letter was dated 24/3/09 and i only had it hand delivered today..please help

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today i have recieved a hand delivered sd from hampton solicotor and behalf of Abbey and Lowell..where to next ?the covering letter was dated 24/3/09 and i only had it hand delivered today..please help

 

Well there is a partial defense in itself if they ever take this further... the person serving will be required to swear an affidavit that they delivered it and on the date they did. How many days have they given you to rectify the situation or contact them?

 

Others more knowledgeable will be along to comment but I believe if you apply to court to set it aside you can cost them a little bit of money for wasted time:)

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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today i have recieved a hand delivered sd from hampton solicotor and behalf of Abbey and Lowell..where to next ?the covering letter was dated 24/3/09 and i only had it hand delivered today..please help

 

It wasnt hand delivered by them specifically...you do know that ;)

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