halifax/lowell is it too late?

[marie6666red]

hi, my daughter has been having harassing letters and phone calls from this **** with regard to a debt owed to haliax. unbeknown to me she has been paying them, but they are still pressing her for more and more payments and she is now very scared as she is on her own with a two year old child.

is it too late to enter into dispute with this pond life and if not, what template letter will she need. i have told her to cancel her direct debit to them immediately until i find out many thanks. she has had them on the phone today and it really upset her the attitude of the caller.

[sam614]

cancel DD straight away! they will take what they want and claim it was agreed on the phone.

send telephone harassment letter as soon as poss,tell her to refuse to speak to these cretins.

you can dispute this debt at any time:)

what was the debt for?

did she recieve noa from oc or from lowell?

SAM:pLOWELL DETESTER

[westendwendy]

It would help to know a little more detail about the debt,is it a credit card,overdraft?

 

There are letters that you can send for either situation so it's best to be clear so as to know which one to advise you to send.

 

Tell your Daughter not to speak to these people on the phone, they will try to pressure you into agreeing to pay amounts that you cannot afford.

 

As far as the phone calls are concerned,send them this letter,amend to suit:

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

[creditcardmug]

Two golden rules

 

Dont speak to them on the phone

 

Dont sign anything, just type your name

 

And a third now, never use direct debits!

 

Have you ever sent a CCA request in respect of this account?

What is it for a loan/credit card/something else?

[boswell]

Hi,send them this telephone harrasment letter,

Harassment by telephone - Consumer Wiki

amended with your details. Dont sign the letter. Just print the name (DCA's, as you will see on here have been known to do strange things with your signature) also others may advise you to send them a CCA request. Send all communications by recorded delivery so you have proof of receipt.

It worked for me and they closed their file.(mine wasn't Lowells btw.)

But DCA's as you will find on here think they are a law unto themseves, until you hit back.

Edited April 7, 2009 by boswell
repeated, sorry westendwendy can type quicker than me!!

[marie6666red]

cheers guys will give a little more detail. it was for a credit card. it seems they are after two amounts. the main one is a letter she has from 2007 from halifax saying they had sold her debt with them to lowell portfolio ltd. but its lowell financial who have had her on the ropes since last summer and who is still harassing her now.

the other relates to capital one. again they are saying they are collecting the amounts for lowell portfolio ltd. when i have had chat with her they have already taken approx. 800 from her in payments.

it really pees me off. she was in a relationship fro five years, then got pregnant and daddy decided he didnt want to know. he then ran off with an aussie teacher. she has dragged herself up and raised a beautiful litte girl. trying to get by on the little she has, and yet this **** want a piece of it. iam furious. i knew she didnt often anwer her phone but didnt realise this was the reason why. many thanks for any help guys and girls. site is fabulous.

[westendwendy]

Get your Daughter to send letter 'N' from this thread:

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

 

Send the letter by recorded delivery,enlose a £1.00 postal order and do not sign the letter,a printed name is sufficient.

 

Send this to Lowells and Cap One.

 

When you get a reply,scan and post it on here,someone will check out the agreement to see if it is enforceable or not.

 

With the phone calls,either send the harassment letter off or, if your Daughter does answer the phone,tell her to refuse to answer the security questions,the call can't continue if they can't establish that they're talking to the correct person.

 

Hope this helps.

[cerberusalert]

You might as well send all the letters in one

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[boswell]

If that was my daughter i'd be so proud of her and i would be after them **** like a "rat up a spout" which is hopefully where there going.

Didshe get a NOA (notice of assignement). It looks like you need to send a CCA request in. Will find the link and info and post it ,(unless someone else beats me to it again)

[marie6666red]

just to add. its lowell who has taken 800.oo from her already. some for capital one but the bulk of it for halifax. even though it appears no one only lowell is receiving money if halifax had sold the debt on.

[creditcardmug]

Suggest you take the excellent advice of cerberusalert

[marie6666red]

thanks boswell i am very very proud of her. she has had all this to deal with and had to have a hip replacement last year.....at the age of 29!!!!!! i help her loads. and would pay the debt off but why should this **** get away with it. had i known they wouldnt have got 800 from her so far either. best wishes to all your advice really is a godsend to people.

[boswell]

Wow, she has had a tough time, which hopefully is coming to an end with some ofthe expert help and guidance you will receive on here.

when and IF you do get anything back from your CCA or any other correspondence with them as wendy says, scan it and put it up here so others can check it out for you.

But remember to remove any identifying informayion, dont want to give the other side any ammo. good luck.

[marie6666red]

just to say thanks t all for your help. yes boswell she has been through it but her daughter makes it all worthwhile. a couple of years ago i never thought she would smile again, but this baby is her life and they laugh so much together. will inform you all as soon as the pond life replies. and if pond life are reading my threads.................we are fighting back....get over it!!!!!!!!!

[marie6666red]

just a quick thank you to cerberusalert. your advise will be taken with many thanks. and will post as soon as reply received. you certainly know what you are talking about. and must help many people.

[boswell]

Good on you Marie6666red, youre on your way ad hopefully so are they!!.

Doesn't it make you feel so much better when YOU have control of the situation and DCA's are put in their place for the way they treat people.

We've all been there, thats why we are here helping one another to fight back.

When you read some of the threads on here you will find, altho you know already what **** they are.

We cant be pleased with ourselves or our children for getting into debt but the way the DCA's act they make us feel like criminals, which we are not.

[sam614]

get on to it as soon as poss,

they will go all out on phone calls once they realise that DD is cancelled.

fight them all the way:)

dont let them take any more,they have had 800 too much already:mad:these parasites buy for peanuts and then hit for full amount.

tell your daughter to keep that smile on her face.

I know just how vile these fu****s can be on the phone,I made that mistake pre cag,and they had me in tears

 

they still have me in tears most days,but tears of laughter,with the same predictable sh*t that is always their downfall.

awaiting your first response "oc is retrieving from archives":D

SAM:pLOWELL DETESTER

[harrassed senior]

Hi, As a mother and great grandmother, I applaud, along with others the support you are giving your daughter.

 

I have dealt with these 'people' using the term very loosely, both for myself and on behalf of my daughter.

 

One way you can help enormously, would be to have her make you her appointee and you could completely take over the handling of these cases yourself. If you feel strong enough and angry enough this would be a great weight off of her shoulders.

 

You are being given excellent advice above so I thought I would pop in and help from another angle. If you feel that this is something you might like to do, let me know on here and I will help all I can.

 

No-one but no-one should mess with our offspring - they will not know what hits them

 

I know it is not always possible, but it worked for me and my daughter.

[boswell]

Good advice and well said HS.

[marie6666red]

god so many thanks to people hs. you are so right i have brought up four children. one a dentist one an electrician one works in blackpool zoo and then mummy and baby . who was on a uni course when she fell pregnant. it makes me sound posh. but i have worked nights, cleaned toilets, and all manner of things to make my children a future. i am proud of all of them. and yes, we all get in trouble. i suffered maggies last depression, but i worked through it so the kids could have a better life. i will die still helping my kids and this **** will need to now get through me before they get to mummy. god bless you all. xx

[boswell]

Well Marie, as HS said, if anyone messes with our kids they have us to answer to.

Like you i have worked all my life to give my kids a better start than me,both of mine have done uni and one has 2 degress, i am so proud of her. Dont it make us feel GOOD as parents.

I am still picking up the tabs, but so what there my Kids and like you if anyone messes with them, they have me to answer to.

[marie6666red]

you are so right boswell. but then i think of how i brought mine up...to respect people. and the police etc. dont get me wrong... they are lovely people but where will they fit in this sick world. but do you know what. this forum has shown me that there are maybe still some decent people out there. that care about each other and really just want to help.

[boswell]

You are so right Marie. thats what ive found on here.

Keep the group posted on events and you'll be even more surprised at what comes. Always remember YOU are not alone now, and neither is your daughter.

[marie6666red]

cheers boswell. no one will mess with my kids.............not while i am breathing.............bt on a lighter note...all on this thread.... HAVE A LOVELY EASTER HOLIDAY. many kind regards marie

[boswell]

Thankyou and Happy Easter to You.