Lowell and barclaycard debt was paying them £101PCM but stopped

[give_me_it_back]

Interesting! How does a PL get round the CCA requirements?

[JonCris]

In many ways but one of the main ones is that the buyer has no right to return the vehicle or cancel as they would with a controlled HP agreement. Also the lender avoids their s75 CCA obligations (equaly liable with the seller for the performance of the goods)

[give_me_it_back]

Ah! It will be interesting to see where they go from here...

[Yterrier69]

Hi, just having a quick browes and i am new.... i received a letter from Lowell Financial..... they say in their letter that they are trying to contact me from a previous address, one which i have not stayed at in over 6 years...... They state that they have information that has been supplied to them that indicate that i am the named individual and they would appreciate it if i called them to clarify this....

 

I am not going to - am i doing the right thing....?????????

 

fed up of getting letters from different companies claiming i owe them money - in saying that two have been fraudulant.....

[JonCris]

Ignore them DO NOT call.

 

The debt is almost certainly time barred & unrecoverable in law but if you contact them or answer you phone to them they will claim you have acknowledged the debt

 

Leave all calls to an answer phone & if you do forget & pick up the phone never ever admit who you are. Also make sure all houshold members follow the same rules

[rameses_qc]

Once a debt is barred by the Limitation Act 1980, NOTHING will unbar it.Putting "without prejudice" on the letter will make no difference whatsoever. The stock letter which states "I do not acknowledge....>" will NOT start the clock on a debt that is not barred.

[Noise1982]

I work for lowell financial and i would like to explain how we work

 

now you say you started making payments therefore you have admitted to the debt and we can chase for another 6 years

 

so legally we are entitled to chase you for that money now

 

if you do contact us we would come to a reasonable payment plan that you can afford

 

the reason why your agreement was so poor is because its nearly 10 years old all the inforamtion we have to request directly to the client so we can only provide what information is available if you have any questions please feel free to email me at

[rameses_qc]

My stance on the so called "deed of assignment" is well recorded on the site, I am of the opinion that there is no legal entailment from them to do anything other then to inform you they own it. And of the strong opinion that there is no such thing as a "deed of assignment" in any event. I believe that someone somewhere on the site has confused this with life plans etc. As I have said before I deal with debt day in day out for people and if anyone knows different please let me know.

 

A debt is a "chose in action" as such, it has to be assigned in writing (under the law of property act 1925). If it has not been so assigned, the debt collecting scavenger does not own it. Therefore they are not entitled to be paid.

[summerwolf]

Hi, Can someone please help,

Today I got a letter from Lowell(Barclaycard) saying that I owe over 600. pounds the thing is I have never had a Barclaycard, what sould i do?

Mandie

[hagenuk]

Hi

 

It would appear that this is a mistake, if indeed you have never had a Barclaycard. However, as I am sure you are aware, DCA's do not usually let mere trifles like that get in the way.

 

Therefore I suggest you send them this letter without delay, remembering to include £1 either by postal order or cheque.

 

Dear

Account Number:

 

I do not acknowledge any debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order (serial No. xxxx xxxx xxxx xxxx) in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours sincerely

 

 

And then you wait. They have 12 working days to send you the information you are requesting, if they do not they are in default. Then a further 30 days after that, should you still not have received the information the debt becomes unenforceable.

[paolo91006]

Mine

 

The debt is acknowledged and you will have to make a payment offer (we will help) of what you can afford each month. And if you really don't like the idea of a agent at your door we can write to them telling them you do not wish anyone to visit and that harassment is criminal law and that if anyone does call you will call the police and press charges for harassment.

 

can you help ?? i have received a demand from lowell re a debt to capital one of 1614.37 on the 11/9/06 it is the first letter i have received from them .

i replied asking for details of when and what the debt was for on the 18/9/06

(i had a financial crisis in the 94/96 period) i have not aknowledged the debt as i lost the family home during this crisis and have had not had any correpondence till recently.

lowell have not aknowledged my letter except to send me a postcard explaining that someone will be coming to see me .... i live in staff quarters so they will have to summons me to the bar in full view of work colleagues and customers is this right ??

i have today sent them a fax after demanding a number from them as they say they only deal on the telephone ? explaining that i am now going to seek further advice before going any further but truth is i am now worried that i may lose my job as my father in law thinks the bailiffs may just turn up on his doorstep and leave him to fight for his business because i am on the electoral roll at his address ? can they do this ?

[SteveMcvixon]

Hi All, I have just checked my credit report and it shows I have a default to lowell portfolio 1 ltd for £2500, for a bank,in 2004,its on an address that i was only at for a month or so.It also has an incorrect birth date. I telephoned them today and asked them for a signed credit agreement,they said they would request it,but it takes up to two weeks,they also said that they would charge £25 for requesting the signed agreement.I have not acknowledged this debt to them in any way, what should I now expect or do next?

[Vickybrown31]

Hi All, I have just checked my credit report and it shows I have a default to lowell portfolio 1 ltd for £2500, for a bank,in 2004,its on an address that i was only at for a month or so.It also has an incorrect birth date. I telephoned them today and asked them for a signed credit agreement,they said they would request it,but it takes up to two weeks,they also said that they would charge £25 for requesting the signed agreement.I have not acknowledged this debt to them in any way, what should I now expect or do next?

 

Hi Steve,

 

A year ago I had problems with Barclays bank who had sold my "debt" to Lovell. Now I like you didn't have a clue what this was about and as such really started firing from all angles to find out what it was all about.

 

Firstly I wouldn't even entertain talking to these people on the telephone. Lovell is a business and they have purchased a debt - they are not interested how, when or what the debt relates to, so they will try to con you into parting with £25 for a copy of an agreement. Remeber they are not in the business to help you disprove a debt!

 

Now with that in mind you need to send a SARS letter, (in the letter templates) along with £10, which is the maximum charge as per the Data Protection Act. I also sent that same letter to Barclays Bank, notably neither responded in the 40 days, and it was only my constant badgering of Barclays Bank staff that I actually got anywhere. I went into local branch(es), when one wouldn't help me I simply went into another branch and kicked up a fuss in front of other customers, never being rude, but being a customer in distress did work to my advantage, I made calls again never rude, but stood firm, knowing that as a comsumer I had rights, eventually after a number of months, Barclays were forced to buy back the debt and write it off. You will not get a quick fix to this, and you will have to keep, sending letters, making calls to the bank in question, NEVER Lovell, always keep everything in writing with those guys. Eventually you will speak with someone and sense will prevail and they will try to help you.

 

Good luck with it and keep looking on this forum as it is an invaluable source of information.

 

Vicky

[theywontwin]

Hi all

 

Need some help with Lowell please.

 

Firstly, can someone point me in the right direction re template letters to send them (as in the same letter posted above?)

 

Also I am sure this debt is for Barclaycard, which is over 8 years old. Maybe even 10 years now. Is this debt enforceable? I want to send these guys a letter asking if they can prove ownership etc.

 

Had a card posted through the letterbox this morning saying they tried to call, noone in, will call again tonight. I never heard my doorbell ring!

 

Please help, heard a lot of horror stories about these guys.

 

Thank you

[tomterm8]

Hi all

 

Need some help with Lowell please.

 

Firstly, can someone point me in the right direction re template letters to send them (as in the same letter posted above?)

 

Also I am sure this debt is for Barclaycard, which is over 8 years old. Maybe even 10 years now. Is this debt enforceable? I want to send these guys a letter asking if they can prove ownership etc.

 

Had a card posted through the letterbox this morning saying they tried to call, noone in, will call again tonight. I never heard my doorbell ring!

 

Please help, heard a lot of horror stories about these guys.

 

Thank you

 

If you went through a period of 6 years without writing to them acknowledging the debt or paying the debt (5 years without paying in scotland) the debt is barred by the statute of limitations.

 

i suggest you have a look on the envelope of your letter, and check for the inevitable postmark.

 

you don't have to discuss business with a "field agent" and can just order them from your property like any other tresspasser. I would suggest complaining to trading standards.

 

i would also suggest writing a formal complaint to the DCA that they have sent a agent without an appointment in contravention of the Oft Debt Collection Guidelines. Ask for a copy of their formal complaints procedure, an apology and a guarantee that they will not do so again. If they do not agree to this, do not acknowledge within a reasonable period (14 days) or do not send a copy of their formal complaints procedure send a complaint to the Financial ombudsman service as they have broken the OFT Debt Collection guidelines by sending an agent without an appointment.

[theywontwin]

Thanks Tom!

 

Now can I be a bit thick here? Newby, sorry!! What does it mean the debt is barred by the statute of limitations? Sorry to be dumb, but want to make sure I understand all thats said to me.

 

Just to explain what is going on. I am sure the debt was for a barclaycard bill about 8-10 years ago. Never acknowledged with them nor Lowell when they took it over. I am almost certain BC have wiped the debt, or have they just sold it to Lowell?

 

Thanks again

[lemma1968]

If the debt has not been acknowledged by you in the last 6 years , and you have made no payments in the last 6 years then they have no right to chase you for the money because the statute of limitations prevents it.

 

Can you remember when you last either made a payment and/or acknowledged it in any way (i.e. wrote to the lender about it)?

[theywontwin]

Thanks lemma.

 

Yeah I can remember! Ummm, never :o !

 

I know I should have, a debt is a debt, but I was young at the time, first (and last!) credit card, chased by BC for the amount owing, never responded, moved house, never heard again till now. I thought it had been wiped as bad debt and paid by the insurers. Its only now that I applied for a contract mobile phone that obviously Lowell found me. But never contacted/spoke to them, and to be honest, dont intend to.

[lemma1968]

Also, i bet if you check the card that they "sent" you you will find it has a franking mark or something on it. DCA's never tend to call (costs too much) but they send out cards saying that they tried to call earlier today but you were not in, it's a common tactic by MBNA etc and it's also a tad naughty and they should be reported for it. Keep the cards.

[theywontwin]

Could somebody PLEASE post a link to the letters to send Lowell in regards to proof of ownership of debt and letter saying debt is statutory barred?

 

Thanks. URGENT!!

[JonCris]

here you go theywont amend accordingly

 

Their Address

Your Address

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

[theywontwin]

thanks JonCris. Can I send the "prove the debt ownership" letter first, asking about the original agreement?

 

Thanks again

[hollybell]

hi would like some advice here i took a loan out for my ex well now my ex and he ipaid it for so long without goin into 2 much details our relationship got so bad i had 2 give up my hime just 2 get away from him and cause the loan was in my name and i had lost my job aswell i filled up all insurance forms that was took out with the loan and they began paying it i havnt worked since cause of family caring so i expected that they would have paid it all that was about 5 yr ago never heard a thing,until last month been getting letters from lowell telling me they gonna take me 2 court which i havnt replied 2 any letters or calls im bit worried now any advice would be gratefully appreiciated ty.

[nessiec]

Hi this is a gret site as so didnt realise there were so many people being harassed with lowell financial?:o I purchaed a sofa from Land of leather aronun 5 years ago now, and it was buy now pay later. After the 1st year was up, i could either pay the full amount £1200 or pay up 4 years with interest. I paid the full amount but now there hasseling me for the 4 years interest as the payment was a few days out. Ive handed it 2 my solictor but they keep ignoring her and hasseling me with letters saying arrest my wage or charge at my bank if i dont pay up? Could you please help?

[mole-inside]

Doesn't sound like a plan to me, sorry.

 

You were paying up till last year, therefore you have acknowledged the debt.

 

You asked for and got, a copy of the original agreement, therefore proof that the debt is yours.

 

You asked for a letter of assignment which you didn't get, HOWEVER, have Lowells at any time claimed to be the owners of the debt ? If they haven't. there will be no letter of assignment, they are simply collecting on behalf of the original holder, Barclaycard.

 

 

not correct I'm afraid, the debt is only as old as your last payment.

 

You could try a Data Protection Act on them, see what they really hold, then try and hit them with a counterclaim for any charges they may have added.

 

Plus, if Lowells are not the owner of the debt, contact Barclaycard and tell them you will no longer deal with Lowells, and try to come to some sort of arrangement with them direct.

 

 

Lowell are not a DCA, they only purchase debts, so they are the owners.

 

you could try DPA on them, but they can charge up to £10 for this and will be read in their eyes as a delaying tactic and not run in your favour.

 

If you have been making payments for so long, they will not stop or give up anytime soon, if you cannot afford the arrangement you had set originally, call them and tell them that, let them know. but be prepared to be questioned, remember they've heard it all before, and yes, as a senior employee of Lowell Group, I can certainly say we DO read these sites, and some of the advice given is shocking, be careful what you listen to. a lot of the information on here is sound, valid actions that I would take if I owed a debt to Lowell, however, some of this just seems like delaying tactics, unnecessary. Lowell Group (inc Lowell Financial, Red Debt Collection Services and Hamptons Legal services) are there to work with you, if you speak with them, they will come up with a suitable option for you! If you don't think they're helping, request to speak with a manger, but burying your head and ignoring them will achieve NOTHING!

 

Oh, any questions about specifically the running and processes of Lowell, let me know...