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pmahonc

Halifax has sold debt to Lowell Financial

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Just a quick question?

I was checking my credit report and noticed that a search had been done by a company called lowell financial ltd, I rang them to find out why they had done a search on me and they apparently have bought a debt (approx #2400.00p OD) from halifax (i'm one of the ones who have their case against the Halifax for approx #2600 on hold with the court for about a year now). They say that as they have bought the debt they are not subject to the oft guidelines for debt collection :confused:. They are going to send me a letter which i requested detailing the account along with a demand for payment.

does this mean i can now apply to the judge to remove the stay from the case.

Also who do i report this conduct to? FSA? OFT?

 

Thanks in advance

 

Paul

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That's a very interesting question. If it's in dispute can the Halifax sell it on (mind you they did that with me and my Visa) but as you say it has been on hold for 12 months. Sounds unethical to me at the very least.

 

Have you contacted one of the moderators for some advice?

 

I have a feeling Lowell is part of Halifax anyway (but I could be wrong).


If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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Sallysas

I don't think they are the in house debt collectors for the halifax as i seem to recall that it was a three name company. I reported the halifax to the FSA about a year ago, because one of their little tricks is to hand the account to a debt collector and then when you tell the debt collector that the account is in dispute, they recall the account and the issue it to a new debt collector, forcing you to go through the whole process again. I'm on my fifth debt collection firm at the moment.

 

Paul

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Actually just seen in the thread below mine the name Blair, Scott and Oliver, thats the name of the in house debt collectors.

 

paul

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Just been speaking with the FSA who seem to be interested in the Halifax's actions and will ring me back, Also the Consumer direct people are going to hand it over to trading standards who will ring me back as it is a complicated case. From what i've read on the forums, Lowell seem to be in a bit of trouble with various organisation.

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Copy of a letter i'm just about to send to Lowell. I've used several sources i think from templates i've found on CAG. last time i used it was 28th MAY 2008 so can't quite remember where the sources are. but if it is acceptable perhaps other people can use it.

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

Reference NO. XXXXXXXX

Dear Sir

I notice from viewing my credit report that you have performed a search on me on the 7th July 2009. I phoned your offices on Saturday 11th July 2009 to find out why you had performed the search as I did not give you permission to do so. Your operator informed me that I owed some money to the Halifax and that Lowell had bought the debt from the Halifax. I informed him that the debt was in dispute and was the subject of legal action taken against the Halifax by myself. And therefore should not been handed over to yourselves. To which your operator replied that just because it had gone to court it wasn’t in Dispute, I also informed him that the OFT had issued guidelines to Debt Collectors to which he replied that as Lowell had purchased the debt The OFT has no Jurisdiction over Lowell.

What I Require from your company is the removal of the search record on my credit report.

Also be advised that the account is in dispute ( Court case NO. XXXXXXX) despite what you say. And therefore comes under the OFT Debt collectors Guidelines

Section 2.i

Failing to Investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

Section 2.k

Not Ceasing collection activity whilst investigating a reasonably queried or disputed Debt.

Further

I WILL NOT be making any Payment to you.

I WILL NOT be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

You MUST NOT telephone me either at my home number, my mobile number or any of my employers numbers, any calls from you will be recorded and construed as harassment, and will put you in breach of section 40 of the administration of justice act 1970, and the protection from harassment act 1997. Any phone calls will in breach of the communications act 2003 s.127 and I will report you to OFCOM, meaning that you will be liable to a substantial fine,

I have already informed Consumer Direct and the FSA about your Company and about Halifax’s Behaviour.

You MUST NOT threaten to send collection staff to my residence as again this will be construed as harassment.

TAKE NOTE that any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door stop collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities.

Paul

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it must be silly season @hbos and lowell ive ha 2 letters this am

both of wich contain a letter from halifax stating that they have sold the debt to lowells and in the same letter a letter from lowells stating that they are now collecting the debt for hbos.

both accounts were put into dispute a year ago and have as usual been hocked around the usual suspects.

as far as hbos selling the debt to lowells i think im correct in the fact that the cca states that once a debt has put into dispute a company must not do 4 things

1/ the oc must not attempt to enforce the alleged debt

2/the o/c must not add interest or charges

3/THE O/C MUST NOT ASSIGN./SELL THE DEBT TO A THIRD PARTY

4/ the o/c must not register info about the alleged debt with a cra as this is a breach of the dpa

its not unusual for lowells to do this please dont ring them i did it once and ended up paying for an old debt (before i became a cagger)

i think im correct on the above but i have no doubt a moderator or a more experienced member will advise.

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23sopwith

I've just received the same two letters, think i'll take them down to the court house to see what they have to say about halifax selling off the debt when it is subject to a case on hold, Might even be able to get the judge to remove the stay and award judgement to me. well i can live in hope.

 

For anybody whose interested here's the letter from the Halifax.

 

I've only removed any personal details just in case.

 

Mr Account No:

New Reference No:

Dear

Reference: HBOS PLC, Halifax Current, Account

I am writing to inform you that the above account was sold by HBOS PLC to Lowell Portfolio I Ltd on 19/06/2009.

This means that the effective owners of the above account are now Lowell Portfolio I Ltd.

Lowell Portfolio I Ltd have appointed Lowell Financial as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Lowell Financial. The enclosed letter provides details of how to contact Lowell Financial.

I confirm that the amount outstanding on your account as at 19/06/2009 was £XXXX,XX.

Yours sincerely

This was followed by the letter from Lowell's

Opening Hours

Mon — Thurs

8.00am — 8.00pm

(-ri

8.00am — 7.00pm

Sat

8.00am — 2.00pm

Email

post@lowellgroup.co.uk

Telephone

0844 844 4716

Fax

0845 300 9411

 

Mr PO Box 172

Leeds

LS11 9WS

10/07/2009 /

Dear

Our Ref:

Original Creditor: HBOS PLC

Balance Outstanding: £XXXX,XX

Original Address:

I write to inform you that your HBOS PLC account, reference number, has been sold to Lowell Portfolio I Ltd on the 19/06/2009. Lowell Financial Ltd have been appointed as duly authorised collection agents for recovery of the outstanding balance.

It is our aim to help you clear the indebtedness you currently have with ourselves by either agreeing a settlement or a repayment plan. You will find we have many flexible repayment plans designed to suit your current financial circumstances.

Please call the number below where one of our experienced negotiators will assist you in finding the ideal option for you.

PAYMENT CAN BE TAKEN OVER THE TELEPHONE BY EITHER DEBIT OR CREDIT CARD

Please note all future communications and payments must be addressed to Lowell Financial Ltd at the address below:

LOWELL FINANCIAL LTD PO BOX 172

LEEDS

LS11 9WS

Please contact us immediately to discuss your account.

0844 844 4716

Yours sincerely

Chief Operations Officer

Lowell operates an internal complaint handling procedure. If we are unable to resolve your complaint to your satisfaction you may have the right to refer your complaint to the Financial Ombudsman Service. This is dependant upon the type of account held and details will be provided to you once we acknowledge your complaint in writing.

Calls may be recorded for training and monitoring purposes.

 

i've posted these so people can see what is going on.

 

Paul

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its definately silly season my 2 letters are identical obciouslt template letters.

regarding the court the front desk wont be able to offer any legal advice only procedural advice.

ill post a letter up later which i have adapted from the template letters which ive adapted for lowells. ill put it on photo bucket , if not ill do it in long hand, it stopped lowells in their tracks straight away.

cheers

Edited by 23sopwith
apologies for crap spelling

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it appears that its end of year for hbos so they are attempting to "clear their books" no doubt the leeds loosers will be shaking with anticipation at the abuse and threatograms they can send out

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It was the financial Ombudsman that said to go to the court as they could not get involved. The FSA when i spoke to them suggested that i come to some agreement with lowells and begin to pay them to get them off my back, when i quoted the banking code to him, He seemed quite puzzled and admitted he didn't know the banking code and had to go and look it up. Admittedly i quoted the old Code to him as i didn't realise it had changed, Wonder why they removed the section dealing with Disputes? could it be they left an opening in the old one for us to use and when we started using it they quickly realised their mistake and closed it.

I only rang them out of curiosity to see what they say? Also i'm not worried about lowell, I'm very good at winding debt collectors up, as aktiv capita have found out. They once rang me and i refused to answer the security questions and proceeded to wind him up so much that he started to discuss my account with me and after about twenty minutes of "don't know what your talking about, i've never come to you for money how can i owe you any" hung up on Me. LOL. They been trying to get money out of me for must be five years now, and the debt is actually statute barred and has been for two years.

 

Thanks in advance for the template letter. i did actually send off the letter mentioned in #6 by recorded delivery.

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