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

[JonCris]

Write back in the strongest but polite terms denying all knowledge of this alleged debt or bank account then wait for a response

[ODC]

Send this to the Leeds Losers

 

Dear Cretins

 

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 I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[toftdan]

Thanks for your response.

 

I will look to send them this letter, denying any knowledge of a debt to Lloyds, and I will also deny any knowledge of ever owing any money on a current account.

 

I take it that they then need to provide me with evidence to the contrary, otherwise there is nothing further that they can do?

 

They have now sent a further letter saying that in the next 7 days they'll be passing the case to their legal department to review, and it may involve applying for a CCJ to be registered against my partner.

 

Interestingly, we are also due to move house in the next couple of weeks, and they will not of course be informed of our new address. As the last payment appears to have been made in 2003, could we possibly just ignore it once we move, until the 6 years are up, and then the debt will be time barred anyway?

 

Let me know your thoughts.

 

Thanks

[toftdan]

Anyone?

 

Any additional comments would be useful?

 

Thanks

[ODC]

Their 'Legal Department' is just another desk in the same threatcentre. They basically send out the same empty threats. The only difference is that they use different notepaer and go by the totally meaningless name of Hampton Legal.

 

You should note that all their threats say we MAY apply for a CCJ and IF successful we MAY to this that and the other thing.

 

All their threats contain an awful lot if IFs and MAYBEs

 

Without proving a debt actually exists and that you are the debtor and that they actually have a Legal Right to collect it they can do diddly squat other than send out threatogrammes

[toftdan]

ODC, thanks so much for your responses to date.

 

I have today drafted them this letter which is to be sent by recorded delivery.

 

"I refer to our recent correspondence with respect to the above referenced matter, and the respective claim that I owe funds totalling £xxxxxxx.

 

I would point out that I have no knowledge of any such debt being owed to Lloyds as indicated in your letter of 30 July 2008. Furthermore, this is contrary to your previous letters claiming that the funds are owed to HSBC. I would like to reiterate that at no time have I owed the sum stated to either institution on a current bank account as you claim.

 

In fact, your letter of 30 June 2008, clearly states a “personal loan”, and details repayments of the said loan, which you claim is owed by me. I refer you to my letter of 7 July 2008 in which was enclosed a cheque in the sum of £1.00 and you were asked to provide me with a copy of the original credit agreement in accordance with the provisions of the section 77(1) and/or 78(1) of the Consumer Credit Act 1974. Please carry out this request without further delay.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it’s unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply."

 

I assume that this should do the trick?

 

Thanks again for your time.

Edited August 4, 2008 by toftdan

[ODC]

Toftdan take out the exact figures from your post on the forum as the Leeds Losers regularly monitor these boards

[ODC]

The letter is good. I would also mention the Consumer Protection from Unfair Trading Regulations 2008 as these clowns are in breach of them as well.

 

As regards putting identifiable details on open forum I do not recomend it as Lowells have often identified persons from here and quoted replies and posts in a effort to muddy the waters.

[toftdan]

Thanks for your comments. I have amended my post accordingly.

 

Can you give me an example of the wording required for Consumer Protection from Unfair trading, and explain why they are in breach of these as well?

[ODC]

Have a read of this

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

[toftdan]

I've had a little read though that, and I'm not sure I could argue that they are in breach of unfair trading regulations. I'm not particularly up to speed with this matter though, so could of course be wrong.

 

For the time being I'm happy with the wording in my letter, and intend sending this today by recorded mail.

 

If I do not hear from them with a copy of the CCA, then I'll write to them subsequently along the lines of letter T from the templates.

 

Can they already be in default baring in mind I originally asked them for a copy of the CCA in my letter dated 7 July, and it's since been over 20 working days, and it still hasn't been received, or will that not count as they haven't banked the cheque?

[toftdan]

Any of you guys?

[ODC]

It doesnt matter whether they have cashed your cheque or not as long as you have proof they recieved it

[toftdan]

OK, well unfortunately I don't have proof that they received the letter other than their letter confirming receipt of the said letter, so I provided them with a further request sent by special delivery, and sent back the cheque asking for the CCA, so this time, there is no way out for them!

 

I can't believe that they've tried to palm it off as a current bank account and therefore do not need to produce a CCA, when the statements provided to date clearly state "personal loan"!!

 

I mean how stupid do they think people are?

[ODC]

Clownells do have a proper address on their website

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

T 0845 300 9410

F 0845 300 9411

E [email protected]

[n1ck76]

Hi there,

 

I received a letter from Lowell in Nov 08, claiming they had bought a debt from Capital One and I owed them £600. I sent the template CCA letter and £1 in early December (6th). About a week later I received a response back stating they would request the relevant info from Capital One but they required more time.

 

Since then I received 2 more letters in late December whilst I was away on Holiday. 1st Stating that if I coughed up £250 that would be the end of it and 2nd Stating that because I hadn't responded if they did obtain the info the debt would be need to be paid within 7 days.

 

Today I have received another letter along with a very poor copy of a Capital One agreement.

 

I have not received the 'Deed Of Assignment', what are my options now?

 

Any help or advice would be appreciated.

 

N1CK76

[ODC]

You will never get the Deed of Assignment but merely a letter giving notice of the assignment from Crapone to the Leeds Losers.

 

Scan in what they sent you (minus personal details) and I will bet that it is useless as it will NOT contain any prescribed terms.

[n1ck76]

Hi ODC,

 

My partner has just had a look at the paperwork they have sent as she is a bit more clued up with these things. The paperwork they have sent is a photocopy of the credit card application form and Capital Ones standard T&C's.

 

She says that the credit card application form is not a signed Credit Agreement and the T&C's are just a standard printoff with no signature.

 

The application form states as follows: 'I am aware that if my application is accepted, I shall receive a credit agreement to sign and return as soon as possible containing the terms on which my Capital One credit card will then be issued'

 

I don't recall getting any further paperwork to sign.

 

N1CK76

[ODC]

Without even seeing it I can tell you that what the Leeds Losers have sent is totally UNENFORCEABLE and the know it. You can either ignore their silly threats or send them this missive.

 

Dear Cretins,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

[misskittie]

If it helps, I have an alleged debt with Lowells that they have been trying to bully me into paying for two years via letters. They haven't done a damn thing in those two years other than waste their money on postage. On the single occasion that I answered the phone to them, I did not acknowledge the debt and told them I had proof that the debt was paid and they could send me £1 to see it (there is a chance my father paid it as part of some debts he cleared back in 2005, I'll bother myself to find out if Lowells get really heavy at some point) OR they could send me proof that I owed them and I'll happily reply with my info, reciprocal agreement, no payment necessary. "Errr, what, errr, OK, mmmm I'll ask someone" was the reply then I hung up. Since then, the letters go in increasingly aggressive cycles from Lowells to Red to Hamptons 50% off sales letters then a short break then back to the nicey Lowells letters and the circle turns again. We're on the third cycle in two years. I'm moving in three months to another country. I suspect when I return, my credit record will be unsullied by financial action because in my opinion, Lowells are all talk and no trousers. Particularly if the debt is older than three or four years. Send your CCA letters, check the reply, join me in the letter cycle that drains only their pockets and relax!

 

The amusing irony? I used to recruit the cretins for their "help" desk so I know the education levels of the muppets working there. There is no real need to fear unless they seriously increase their staff salaries to include "giving a toss" as one of their daily duties. Otherwise the place is staffed by people who fail the interviews for HBOS and First Direct call centres first, Lowells was our fall back!

[ODC]

Excellent post and so indicative of the Leeds Losers. They do operate in cycles as you say. I let them pollute my postbox until I had no more room in my paper-bank and I sent them the CCA request which after two begging letters from Clownells was followed up by their goodbye letter.

 

They really are pathetic.

[JonCris]

misskittie Wonderful Your post confirms what we all know

[mickey83]

I have been dealing with this company for a while now i have been out of work for 7 months but still made payments. i have not made a payment for 2 months as i didnt have a job it was a struggle. I have recently started a new job on trial i advised them that i was starting this job they have rang me every day 3 times a day. since starting i proceeded to tell them every time please dont ring me between 9-5 as i am at work and i cannot answer. I spoke to my boss yesterday upon having a meeting last week and dont think i will get the job because my phone is going constant. i have to keep my phone on as i have a daughter who is in nursery so need my phone on. what can i do.

[Ostrich1]

Good afternoon, newbie here who has been reading your posts with interest as I have received four letters from Lowell chasing a payment of a debt over 6 years old. The first letter they sent says they had previously sent a letter (they hadn't), the second asks me to pay the full balance, the third offers a "great deal" of percentages off to arrange a payment plan . I am a litttle unsure of if I should or should not respond to their fourth letter which informs me the account is now going to be passed to Red Collections. Do I ignore the letters entirely or do I need to send in a template letter? Any advice would be much appreciated,

 

Thanks

 

(Apologies if I have posted in the wrong place)

[unclebulgaria67]

Red is just another part of Lowell, working from the same office.

 

Just send them the statute barred letter below by recorded delivery. If they want to continue to contact you, then they must provide evidence that the debt it not statute barred. If the *iss you off, contact Consumer Direct and ask that this harassment be reported to the OFT/ Leeds Trading Standards.

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

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.”

 

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other