Lowell and Barclaycard debt poss SB'd

[Mr Grey]

Instuctions on how to read the data matrix

 

the example Datamatrix decoded output below shows :-

 

F0000012345678ABCDE010209

 

1)Lowells reference no e.g. 12345678

2)The 1st 5 Characters of the code following the Date on their letter e.g.. ABCDE

3)the last 6 digits show the date i.e. 010209 representing 01/02/09

 

Barcode output

Note: Their Barcode at the top left of the letter also contains the Lowells reference no e.g. 12345678

 

Free software to test scanned docs containing DataMatrix or barcodes.

 

Note: the above tests well on free software bctester 4.8

downloadable at:-

 

Download bcTester, bcTester 4.8.0.1 Download

Also works well on on free software ptBarCodeDec 2.0

Also works well on shareware ClearImage Demo ver 2.2.3 (30 day free trial)

 

To test, simply scan your document containing the Data Matrix or Barcode,

save it as a jpeg on your computer,

install a DataMatrix / bar code reader, and click file, open , your jpeg,

select the DM or 1 line barcode options...

 

The above software is for windows.

Edited August 20, 2009 by Mr Grey

[Mr Grey]

Another good tip to test if your data matrix software is working, is to search google for datamatrix images, download a few, and open these from it.

[Mr Grey]

i will PM you the email of the bloke at companies house investigating it if you like -especially if the sainsbury's letter had sainsburies company registration number on it along with Lowells data matrix - a big no no!!

 

It also amounts to a criminal offence and a breach of the Companies (Trading Disclosures) Regulations 2008 and the Companies Act 2006

 

see this link too :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/214903-lowell-advice-needed.html#post2386793

[shakespeare62]

subbing

[Azuma]

hey guys,

i've not posted about anything personally for a couple weeks now as all letters had died out from these losers. However now i recieved a second letter from RED stating:

Dear Azuma,

PRE LITIGATION DEPARTMENT

Our agent has failed to make contact with you and as a requirement we must now inform you that 7 days from the date of this letter we intend to pass this matter to our Legal Department for review of your account.

This may involve commencing legal action against you and applying to Court for a Judgement that may be registered against you. If this is successfully obtained from the Court, and you fail to comply with the terms of it, we may then apply to the Court for an order to enforce the judgement without further notice to you.

If the court then grants enforcement of the judgement we may look to either

1. Instruct a bailiff to remove goods from your premises should the debt not be paid or

2.apply for an attachment of earnings order directing your employer to deduct payments from your earnings or

3. Obtain a charging order against your property or

4.Obtain payments directly from your bank account via a third party debt order or

5.Request your attendance at court for examination of your financial means.

As an attempt to resolve this matter, in order to avoid the possible need to take LEGAL ACTION you MUST contact us NOW.

---- i sent these guys a Stat Barred letter and the responded saying "the account is not SB because an attempted payment was made in Feb 2005.

i have not responded since that letter i sent,

my question is

should i even give them the time of day?

does this letter seem like the usual threatogram type thing,

is it them grasping at straws like normal?

what do you think i should do???

any help is much appreciated!

thanks Caggers!!!

 

Az

[cerberusalert]

---- i sent these guys a Stat Barred letter and the responded saying "the account is not SB because an attempted payment was made in Feb 2005.

And just how are they going to prove that?

 

Their letter is full of their usual tripe. Make a complaint to the OFT & Trading Standards.

[Azuma]

And just how are they going to prove that?

 

i thought the same thing when i recieved that response to be honest, they have never PROVED that a payment was made or "attempted" as they so misleadingly say...

 

i think i'm going to ignore it like the rest of the garbage they seem so intent on sending through to me haha.

 

i have complained to OFT and TS previously, but nothing has changed so might have to do it again and push for action to be taken to be honest.

 

Do you think ignoring it is the best course of action at this juncture Cerberus? thanks for the encouraging post

 

Az

[PGH7447]

ignore the morons

[Azuma]

ignore the morons

 

Sounds like a plan

[cerberusalert]

Every email to the OFT is another nail in their coffin.

[Azuma]

Every email to the OFT is another nail in their coffin.

 

good to know man, do you have a letter template to e - mail them? i seem to have lost the last one i sent - much appreciated for all advice guys.

 

Az

[DonkeyB]

I think it would be rather fun if they issued a summons!

[Azuma]

I think it would be rather fun if they issued a summons!

 

I wouldn't haha, i suppose they wouldn't have a leg to stand on, if they had, they wouldn't waste time sending me these bloody letters

[DonkeyB]

Notwithstanding the fact that it would stress you out, it would be interesting to finally find out what their evidence for an 'attempted payment' is, as this is what their whole case would revolve on. I don't think any judge would look kindly on a case like this being brought to court - you could wipe the floor with them...

 

(Once you've been to court with idiots like these and seen them off, you get a bit blasé about it - sorry! Just love the idea of calling their bluff)

[Azuma]

hey guys,

 

been a little dormant for the last few weeks as i have been out of the country. I today however return to a couple of letters that are a little soncering but probably hold as much weight as the usual threatograms i get, i did however want to get your opinions

 

So, i had 2 letters about the same account dated the same day but one is from Hampton Legal and the other from Red (obviously some breakdown in communication haha)

 

The Hamtons letter reads as follows:

 

"We refer to previous correspondance and note that you have failed to enter into a repayment plan or make realisticarrangements to settle the amount outstanding to our client (Lowell Portfolio I).

 

We are now going to request a copy of your credit file from Experian, which will help us decide what form of litigation is best to recover the monies that are due.

 

If you are a homeowner and the balance warrants it, we could issue legal proceedings against you, if we are granted a judgement we coiuld then apply to the court to enforce the judgement by way of charging order, if you then still persist with non payment we could apply for further enforcement and ask the court to grant an order of sale, if granted this could ultimately mean you losing your home.

 

If you are not a homeowner, we could issue legal proceedings against you. If successful in obtaining a judgement, we could then apply to the court for an enforcement order which could, for instance, take the form of an attachment to your earnings, or instructing a bailiff or sheriff to remove goods from your property.

 

Please note if we are successful with court action you would incur further costs being added to the outstanding balance in the form or court costs, solicitor's fees, and interest.

 

You still have the ability to bring this outstanding matter to an amicable conclusion without any of the above happening.

 

Please call the number below to arrange repayment."

 

-----------------------------------------------------------------------

Now the first thing to note, is that i sent them a letter saying that the account was SB as it was out of date for enforcement, they responded saying it wasn't as an "attempted payment" was made in Feb 05, but no proof of this, i have not responded to any letters since, and now i have this one and the one below from RED.

-----------------------------------------------------------------------

"Your account has been reviewed by our head of litigation and due to a number of opportunities you have been given to enter into a re payment program and clear your balance it has been decided that your account is to be fast tracked to our bankruptcy division, to consider filing a petition to court for your bankruptcy.

 

Bankruptcy is a very serious matter. Being made bankrupt can have serious long term implications.

 

If you were to be made bankrupt you may expect to:-

 

have your situation advertised in the local press and the london gazette for all to see.

 

Be required to fill in numerous forms and have an extended meeting with the official receiver, and, if appointed, a trustee in bankruptcy who will thoroughly investigate your affairs.

 

Be prevented from running or controlling any business you currently own or being a director of a company for a time to be decided by the courts or appropriate authorities.

 

Lose any rights or benefits to assest you may acquire during the term of your bankruptcy such as inheritances, insurance settlements, and increase in the value in your home.

 

Have your bankers, creditors, landlord etc immediately informed.

 

Have all bank accounts, credit cards etc closed. Anything you might be leasing, or buying on hire purchase, such as your car may be required by their owners to be immediately returned to them.

 

You still have an option to avoid bankruptcy, we WILL accept a realistic offer from you, be it a monthly repayment plan or an offer for full and final settlement. To make us an offer call 0844 844 4722."

-----------------------------------------------------------------------

 

Again guys, as i mentioned, i have not had any proof that this debt is not SB, only a statement from the saying in writing it isn't (not proof at all in my book)

 

Can they apply to have me made bankrupt? it's a scary proposition, and what is the likelyhood they will even be granted anything from the court, with regards to any of the threats made here.

 

Can someone give me some advice as to my next course of action here? should i just ignore this as yet another threat from them? or should i be taking this more serious than normal?

 

any help is much appreciated, thanks guys!!!

 

Azuma.

Edited October 9, 2009 by Azuma

[spamheed]

 

 

So, i had 2 letters about the same account dated the same day but one is from Hampton Legal and the other from Red (obviously some breakdown in communication haha) More likely, they have forgotten which company is due on their automatic system

 

Now the first thing to note, is that i sent them a letter saying that the account was SB as it was out of date for enforcement, they responded saying it wasn't as an "attempted payment" was made in Feb 05, but no proof of this, i have not responded to any letters since, and now i have this one and the one below from RED. What exactly is an "attempted payment"? if a payment is made, then it is made and they have to prove it was made by you, if no payment is made, then there is no payment, the debt is SB unless you acknowledge, or make payment against the debt, as I see it, the debt is still Statute Barred and you should complain to Trading Standards in the first instance and OFT et al thereafter

 

Again guys, as i mentioned, i have not had any proof that this debt is not SB, only a statement from the saying in writing it isn't (not proof at all in my book)

 

Can they apply to have me made bankrupt? it's a scary proposition, and what is the likelyhood they will even be granted anything from the court, with regards to any of the threats made here. They can try, but threatening to do so when there is no likelihood that they will actually do so, or if the debt is actually SB is against the OFT Guidelines and CPUTR

 

Azuma.

 

 

Complain to Trading Standards and ensure you have copies of all correspondence etc

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Azuma]

thanks guys,

 

so there is not really any likelihood of them obtaining an order of bankruptcy? another letter to OFT and TS

[cerberusalert]

If a debt is SB it will remain so for eternity & no legal action can successfully be brought against you.

[Azuma]

If a debt is SB it will remain so for eternity & no legal action can successfully be brought against you.

 

indeed, i believe that it is SB, although as they are saying it isn't i know it's their responsibility to prove it isn't... i am intreagued as to know what an "attempted payment" is though haha

[Blondmusic]

Lowells have been well known for saying 'an attempted payment has been made' and there have been several threads discussing it. Sam614 is the expert with Lowell if you want to send her a message.

[mr.ton]

It will cost them money to make someone Bankrupt & they'd be lucky to receive a £1 per month once all outgoings have been catered for.

Its just a standard threat by the notorious Leeds losers.

Report them to the authorities etc...

[Azuma]

It will cost them money to make someone Bankrupt & they'd be lucky to receive a £1 per month once all outgoings have been catered for.

Its just a standard threat by the notorious Leeds losers.

Report them to the authorities etc...

 

makes sense, plus i would've thought the court would need difinitive proof the debt is enforceable and a copy of the CCA etc, i'm pretty sure it's SB so unenforceable and even if it wasn't i'm confident they would not be able to produce a CCA... looking at the evidence in retrospect now, i think you're all right, it's another threat and yet another example of them breaking OFT guidelines by misleading me, with "passing" it on to "another company to be escalated" - cock and bull as usual

 

Thank you all very much for your responses!

 

Az

[42man]

RED are well known for chasing statute barred debts.....and bear in mind once you send a letter stating you have no wish to pay towards a debt that is barred by statute then they have to stop harrassing you - send this letter recorded - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

This OFT restriction notice was recently placed on Mackenzie Hall with regard to stat barred debts - The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

[Azuma]

thanks 42man, ive complained to OFT and TS today, i have sent the letter you suggested recorded delivery, unsigned etc... let's see what they come back with