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Lowell's Portfolio 1 - slightly different problem to usual


Jamey
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Hello everyone,

 

Apologies for starting yet another thread about Lowell's Portfolio 1 but I've read many of the other threads on the web (spent the last hour or so going through them) and I think my problem is slightly different to the norm.

 

The debt they're chasing is from an old Barclay's current account that I used to use for the sole purpose of paying household bills and when I moved out of a flat I used to live in I stopped using the account but made two mistakes:

 

1) I forgot to cancel one of the standing orders (genuine mistake by me) which resulted in it being returned unpaid a couple of times.

 

2) I never updated my address with Barclays. However this was less of a mistake on my part because when I moved I was able to change my address with all the other banks I use over the phone, yet Barclays insisted I had to go into the branch to do it, so I didn't bother.

 

Anyway, fast forward five years and I had a letter from Buchanan, Clark & Wells saying they were collecting a debt of £101.52 on behalf of Lowell's.

 

The first thing I did was telephone them (sorry, forgot to Google first) and ask for proof of the debt, because at that stage I didn't know that I'd forgotten to cancel that standing order (only found that bit out today) and Buchanan Clark & Wells (who I'm now going to abbreiviate to BCW) requested paperwork from Lowell's.

 

Lowell's told BCW (by shouting across the office, I imagine) they didn't have any paperwork so BCW handed the case back to Lowell's.

 

I called Lowell's and again asked for proof, the guy said he'd request it from Barclay's.

 

I called Barclay's again just now (first time I called was a month ago and they said they had no info at all) and this time the lady was very helpful and did actually manage to find my old account info over the phone. This is when I first found out that the original debt stemmed from me forgetting to cancel a standing order.

 

So, the facts...

 

 

  • This is a genuine debt and I did make a mistake.
  • Thus far, Lowell's have not produced any paperwork.
  • The debt becomes statute barred in April 2010, so nearly a year still to go.
  • The debt is £101.52 on the letter but both BCW and Lowell's have offered discounts over the phone. Lowest I've been offered was £75 but suspect the debt is likely to be £50 ish at most.
  • Barclay's are sending me the relevant old statement in the post so I should be able to see the true debt amount.

What would you do in my position? Would you still do the £1 postal order thing and try to get Lowell's to provide proof or would you forget about that and start haggling with them over the actual amount to be paid?

 

If the latter, what can I realistically expect to get them down to? Will they go as low as the actual debt amount?

 

And what's the best technique for getting the lowest price? I'd imagine that phoning them up and saying "I've been on the internet, I know you'll drop to X-amount" isn't going to be the start of a great phone conversation.

 

Thanks for reading :)

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Well, if you take into consideration that the debt is in fact made up of unfair charges & interest the most they could expect would be 2 x returned DDs = £24 + interest. I would think a settlement figure of around £30 would be more apt.

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Well, if you take into consideration that the debt is in fact made up of unfair charges & interest the most they could expect would be 2 x returned DDs = £24 + interest. I would think a settlement figure of around £30 would be more apt.

 

agreed:) £3O tops.

 

would send cca request

that is usually enough for low lifes to offer reductions

 

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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Ah, I forgot that the penalty charges would now be deemed unfair, thanks.

 

So you reckon a CCA letter will get them to begin offering discounts?

 

Do I need to go through a few back-and-forth mail exchanges to get them down to the final figure?

 

If I just phone them this afternoon and offer £30, will they accept do you think? Or do I really need to have sent a CCA request before they'll drop down?

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Never phone them. Do everything in writing from now on. They wil threaten and bully you on the phone.

 

You could send them the prove it letter below. Edit the letter to suit, do not sign it and send recorded,

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

I would also suggest sending a Subject Access Request to Barclays which will cost you a £10 postal order bt you will be able to add up all the unfair charges and see all the other information they hold on you. Subject Access Request letter below. Edit to suit and send Recorded.

 

Data Protection Act 1998

 

 

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

Edited by Blondmusic
Additionasl information.
:cool::cool: Blondmusic :cool::cool:
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A CCA isn't any good for a current a/c, send them the 'prove it' letter & make them earn their 30 pieces of silver. ;)

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Ok, so there's no point sending the CCA letter and I should instead send the 'prove it' letter, got that but have one question, as follows...

 

The CCA letter carries the legal responsibility of the whole 12+2 days thing but the 'prove it' letter doesn't have any such timescale, does it? If they don't reply with any proof within, say, a month... What then? Can they take as long as they like?

 

Given that Barclay's were able to tell me over the phone it sounds like the proof exists so sooner or later Lowell's will probably send it to me. Which makes me think that if there's a way of beating them down to the £30 figure this afternoon over the phone then I might as well just clear it today and get on with my life.

 

But is it possible to get that sort of 'discount' without having sent any of these letters or will they only reduce the price that far for people who have written to them using these templates?

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In order for Lowell to be able to collect on a debt it is their responsibility not only to prove that a debt exists but also that they have the right to collect it too.

 

The more you make it difficult for them the more likely they are just to accept a reduced offer and move on to bigger fish. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Ok, I've now sent the 'prove it' letter recorded.

 

Just wanted to save myself some time and hassle if possible, that's why I was asking... Seems like I'll probably end up handing over some money to them at some point so was just wondering if I could cut out the time spent waiting with this hanging over my head.

Edited by Jamey
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What about Barclays, are they interested in settling for the original amount, or do they say you must deal with Lowells?

 

Personally, you could either just hang this out until SB I can't imagine it would be worth anyone's time to chase this one hard!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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As far as Barclay's are concerned the debt is with Lowell's and it's no longer their problem beyond supplying data about the original transactions from when the debt occurred.

 

If I was to string it out, hoping to get to April 2010 when the debt becomes SB, what would be the next stages for Lowell's to go through?

 

If we're talking bailiffs at any point then for the sake of £30-£50 I'm happy to just pay it, especially since it was actually my fault in the first place. I've had bailiffs once before and as you all probably know they're complete c**** to deal with. I might even post a separate thread about that in the not-too-distant.

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bear in mind that lowlifes pay around 10% of the face value.the will not take any action,beyond the typical threat o grams.

 

30 quid is ample profit for these bloodsuckers.

 

if you want to clear it .GET IT AS LOW AS POSS,AND GET IT IN WRITTING THAT IT IS FULL AND FINAL BEFORE PAYING A PENNY.

 

 

 

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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Ok, thanks.

 

What letter can I expect to get back from them in response to the 'prove it' letter I've just sent today?

 

Are they likely to start offering discounts right away or will they begin with a letter saying they're 'retrieving my file' or whatever?

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Their Modus operandi is to write back and say that they are making enquiries with the original creditor & that they'll get back to you, usually followed by a 'discount letter', but considering the amount they're chasing I wouldn't be suprised if they didn't offer a discount straight away.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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you probably get a letter telling you oc,amount and the date that lowell brought.

 

because bar your name/and address thats all they have.

 

shame you cant cca,as they then offer as they know they have not got a hope in hell of getting one.

 

I would not except what they send as proof

make them work for it,and they will no doubt chose to offer you a settlement to

"amicably resolve"

 

and its possible to drag out till SB if thats what you want:D

 

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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