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Azuma

Lowell Portfolio I and Lowell Financial

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hey guys,

 

I posted the other day regarding a letter i recieved from Lowell Portfolio I, the debt in question is statute barred, therefore sent the SB letter template on the fourm, which was recieved on the 14th July, they have still not responded to that letter as of yet.

 

however i recieved a letter today from them dated the 13th July saying Lowell Financial are handling the account now (moved from Lowell Portfolio?) lol, just gives the same rubbish as the last one, but this time has a DD form and payment slip at the bottom.

 

Is it normal practice for them to hand it to different deptarments in the same bloody company? seems weird... need to wait to see how they respond to my SB letter and then post it up here for you al to have a good laugh at these monkey's responses i suppose :).

 

if i recieve any response at all i'll post it up so you guys can help me in a response :D much love as always, Azuma...

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Its just a silly game Lowells like to play.

Lowell,Lowell Financial,Lowell Portfolio,Lowell Portfolio 1, Red & Hampton Legal are all just different desks in the same office.

They pass the debt round like pass the parcel to make it seem/sound more serious etc...:rolleyes:

Edited by mr.ton

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it's so funny to see how pathetic they are though Ton, i think the average person would be thinking, "oh crap it's being escalated", myself included... although since being on here, it's quite amusing to see the rediculous lengths they are willing to go to, to confuse the general public. i can't for the life of me see why these clowns are still in business, someone should have shut them down by now, bad practice man... very bad :(

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"Escalated" means being passed to the threat monkey sitting a couple of feet away from the other threat monkey :rolleyes:

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Is it normal practice for them to hand it to different deptarments in the same bloody company?

Yes and it seems normal for them to flout OFT guidelines too;

 

 

Statute barred debt

2.13

This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14

In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

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

 

You should complain to the OFT debtcollectionguidance@oft.gsi.gov.uk


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doing it now Cerberus :D why don't we get as many people as possible on the forum to complain in the same month, maybe these fools will be shut down with any luck.

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ok guys,

 

really need your expert help ;)

 

i have recieved a response from Lowell Financial in response to my Statute Barred Letter which has confused me a little.

 

it reads:

 

Thank you for your letter, concerning the above account.

 

We would advise you that the limitation act 1980 section 5 is not applicable in your case and would refer you to section 29 (7) of the limitation which states "A current period of limitation may be repeatedly extended under this section by further acknowledgement or payment". Your last attempted payment date on this account was dated 17th February 2005.

 

We trust this clarifies the situation and look forward to receiving your payment proposals.

 

Your Sincerely

 

Samantha Barnard

Customer Services

 

....

 

So basically they are staying i have made a payment on the 17th Feb 05, however being like 4 and a half years ago, i cannot remember this.

 

As a result i'm not sure how to respond to this letter at the moment, can anyone give me some advice on the way forward? i really need to close this matter. Also, how do they know the date i last made a payment? is there a way around this? and do they often respond in this way?

 

thanks in advance guys, much love Azuma...

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i think i'm correct in thinking i should respond with the CCA letter, but am i right in thinking that this is just a stalling tool? that i will eventually have to arrange payment with them? or if they do not respond within 12 + 2 days they haven't got a leg to stand on? as you can tell i'm new at all this so any help would be much appreciated. Az

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Hi,

The lowlifes have tried this before.(not to me I add)

 

I would write to them asking for proof this payment was made, When it was made, Where it was made and by whom.

 

It's not unknown for a DCA to make a token payment to a debt to un-statute bar it.

 

Remember, they have to prove the debt isn't statute barred, not you prove the debt is statute barred


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send back a response like:

 

 

dear twits,

 

thank you for your letter dated xx/xx/xx. The contents of which have been noted.

 

You state that a payments was made on the 17/02/05. I have checked my financial records and cannot find any trace of a payment towards the alleged debt and therfore need you to provide proof of this.

 

Please forward to me method of payment (copies of any paper evidence such a cheque etc ) date and amount of payment.

 

 

 

Ida x

 

 

I


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hey guys,

 

thanks for the responses! i will send the letter that Ida has posted, do you guys think this is the correct response to give? ( not that i don't trust you Ida ;) )

 

also, do i need to write, "I DO NOT ACKNOWLEDGE ANY DEBT WITH YOUR COMPANY OR ANYONE YOU REPRESENT" ??

 

AND, do i need to send this recorded?

 

thanks again,

 

Az

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anyone able to answer my above question at all please?

 

:D

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99% of people can safeley ignore Lowell and not even get involved in the letter ping-pong in the first place.........

 

Why not wait and see if they actually do issue court papers in your case???


HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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sounds good DannyBoy,

 

however, i'd prefer to at least make some effort in getting them off my back, would be awesome to just ignore it and be one of the 99% they don't chase.

 

then again if they DO chase me, i can make a low minimum payment when i get the CCJ. :)

 

i think i'll send the letter Ida posted and see what they say.

 

also, i don't think they will issue court action, as they know they won't have a leg to stand on, especially since ther branch or Barclays i used to be with (took the alleged Barclaycard out in) has closed down a few years ago, so would be really hard to get the papers i recon.

 

if anyone has any other advice, please let me know.

 

thanks as usual guys :D:D:D

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sounds good DannyBoy,

 

however, i'd prefer to at least make some effort in getting them off my back, would be awesome to just ignore it and be one of the 99% they don't chase.

 

then again if they DO chase me, i can make a low minimum payment when i get the CCJ. :)

 

 

"IF...."

 

 

Remember Rudyard Kipling???

 

He didn't write this, but if Truth were prevalent now, ( how likely is that :lol:) he probably would..

 

http://www.credit-manager.co.uk/other/CCR%20May07%20UKDebtCrisis.pdf


HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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then again if they DO chase me, i can make a low minimum payment when i get the CCJ. :)

 

 

 

Contrary to popular belief, County Courts do not rubber stamp the wishes of DCA's.

 

You should see the 'Threat' of court as an opportunity to sort out any debt problems you have.

 

If you are 'scared' of a Debt Collector then a DJ will think you have something to hide. Perhaps you should consider allowing the DCA to pay for you to sort out your problems??

 

Ignore them. There's a very high percentage chance that nothing will happen anyway. Start the ping-pong and you run the risk of digging a hole.


HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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ok,

 

so in your opinion, do you think i should not reply to the letter they sent me as per the post above? and just let this run it's course? or do you think i should send the letter as i mentioned asking them to send me copies of any payments made? i'm a little confused as to what to do here, you recon if i do not reply they will give up, CONSIDERING of course that they have stated it is NOT statute barred? to the layman it sounds like they are not going to let this lie, are is this just a perfect example of their "scare tactics" ? please advise on what my next course of action should be here guys!

 

thank you in advance,

 

Az

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so,

 

reading the invaluble advice here, i'm a little confused as to the way forward as some people have suggested to send a letter asking them to prove payments were made on the date they suggest. Whereas others have recommended i just let the dust settle, ignore them and they might not take any further action, as Dannyboy suggests.

 

Can anyone else give me their thoughts on this? only in two minds as to what the best way forward would be right now :(

 

Thanks guys as always,

 

Az

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if it makes you feel better send the letter... i had same problem with them just received reply this morning...account closed returned to originator...result!!

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that is a result man, did they respond with a statement that it was not SB? did you respond to them asking them to prove payment was made or did you ignore it?

 

Az

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Once you have stated that a debt is Statute Barred according to OFT guidelines they must cease all collection activities until such time that they prove that it isn't. For the moment do as dannyboy660 suggested and ignore them. However if the continue to pursue make a complaint to the Trading Standards and the OFT.


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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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thanks for the advice,

 

however, does it matter that they have sent me a letter stating the account is not SB, as they claim i made a payment in Feb 2005, or do i ignore it until THEY prove i made this payment or take legal action? (is this likely?) :( ???

 

Thanks CerberusAlert :D:D:D

 

Az

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asked for proof and that is what they sent they are full of bs

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and dont worry bout legal action there is much chance of that happening as me getting the next moon flight

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sweet,

 

i shall ignore them for now then, thanks for the advice though, it's put my mind at ease for now :( if they respond with anymore threatening letters (as i'm sure they will) i will let you know.

 

much love,

 

Az

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