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Hello im new to this forum. I just recieved a letter from them saying i need to pay off my debt. They have appointed red debt collection services to recover the outstanding balance..

 

The debt is for Abbey National dating back 2000. It for for £2.175.

This is the first letter i have recieved from them, I think the last letter i got from Abbey National was in 2001. Since year 2000 i have move 4 times and on the letter the address they wrote is all mixed up and it only says mr surname....

 

I have heard this group are bullies who try to get debts they are over the 6 year period.....I have seen my credit file and there is nothing on there about Abbey National....

 

What should i do?

Do i phone them up and say its been longer than 6 years?

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NO!!! Do not phone them.

 

If you have made no payments and have not acknowledged this in writing then you need to send the Statute Barred letter to them. Send it recorded delivery. Once they have received it, they are not allowed to ask you for payment again. If they do, then complain to OFT, ICO, FOS and Trading Standards!!

 

Letter:

 

Dear Sir/Madam

 

Acc/Ref No

 

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 section 40 (1) of the Administration of Justice Act 1970”.

 

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

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First of all, DON'T PHONE THEM

 

They will fill you full of misinformation.

 

Next, Lowell group are LOwell Portfolio, Red Debt, Hamptons Legal and Mackenzie Hall (or will be soon). Basically a group of threat monkeys in the same office.

 

As there has been no contact for over 6 years it could be Statute Barred therefore I would send them this letter

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Don't sign it, just print your name

Send by recorded delivery

 

Wait for the expected letter saying you paid a pitifully small amount sometime ago

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Bu**er, Clemma beat me to it :D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Red are the same company as Lowells....also can be known as Hampton Legal & goodness knows who else?

Anyway..tell them to do one & report them to the OFT/trading standards.

 

(edit - others beat me to it, must have posted at the same time! lol)

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When i was younger i had a cheque book and cheque garantee card, i thought i'll be silly and use them all up and just not pay for nothing. Thanks for your help people

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They should not write back to you at all - if they do, you just re-send the letter, with a covering note saying something like:

 

Enclosed is a copy of the letter sent to you on xx/xx/xxxx and signed for by you on xx/xx/xxxx.

 

If you do not understand the contents, then may I suggest you seek legal advice.

 

You can also tell them you will begin charging them per letter and per hour of research as well. I did this with Aktiv Kapital, and they left me alone after that. :D

 

If they do continue to pursue, just report them, and tell them you have reported them ;)

 

If any other DCA comes along, send the same SB letter to them as well.

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Next, Lowell group are LOwell Portfolio, Red Debt, Hamptons Legal and Mackenzie Hall (or will be soon).

 

Dont forget J2 Solutions.

 

These are all trading styles of the Leeds losers:eek::lol:

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i am dealing with lowell portfolio/ lowell financial/red and whoever else they like to name themselves, you will get a lot of help and advice here, and please do COMPLAIN to OFT, the more complaints about these( and any other) of these bullies the better

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i have just posted the letter to lowell, lets just see what happens now, i will keep you all informed:lol:

 

presume that you have not sent it recorded?

 

SAM:pLOWELL DETESTER

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  • 2 weeks later...

just an update...I recieved a letter from red debt collection services today.This is how it goes:

THEY HAVE BEEN APPOINTED BY LOWELL PORTFOLIO TO RECOVER THE DEBT BLA BLA BLA

I HAVE TO PAY THE FULL BALANCE OR MAKE A REPAYMENT PLAN ASAP

THIS DEBT WILL NOT GO AWAY AND IGNORING THIS PROBLEM COULD POTENTIALLY MAKE THE SITUATION WORSE AND THERFORE STRONGLY RECOMMEND I CONTACT THEM NOW.....FROM KEVIN ALLMARK, COLLECTIONS MANAGER...

So i gather this is their version of a warning letter...much different to Lowells letter...

I sent a statute barred letter recorded to Lowells and now i get this 1 from Red....

I know they are in the same building as Lowell.....

 

So what is the next step for me to take........thanks for reading:lol::lol::lol:

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