Lowell/Red & 2 debts - OD + loan

[babybear39]

Report them to TS and the OFT for sending mail to you without putting it into an envelope. Anyone can google lowlife and then would know you may be in debt! Write to your MP as well stating that they're in breach of OFT guidlines and the CPUTR 2008 which is law!

[Azuma]

thanks for the guidance people! is this standard practice for them?

 

Az

[dcakiller]

DCA's will try anything to get you to call them, as said before report them to oft and trading standards.

[Azuma]

ALSO... how the hell are they going to try and contact me "AGAIN" between 8 and 8 if they never hand delivered the card haha...

[skegleg]

hi

i received the exact same as you a few months back, it was delivered by the postman, please complain about them to the oft and ts

[Mrs E Blackadder]

Hi,

 

No, they haven't been to your door. I have had a never ending stream of these soddin' things since my ex went (all for him I might add!) and not one of them has been hand delivered.

 

There are some even better ones for you to watch out for that do, initially, look even more misleading than the one you received, but when you actually break down the information on them then you realise that they have actually been posted and not hand delivered. One put through my letterbox by the postman actually said that someone had called but couldn't get anyone in. If they meant called as in 'at your front door' then the date they gave was one when I was at home all day, so they lied. If they meant called as in 'on the phone' then the date they gave meant that I was at home all day. They lied. See a pattern here? And anyway, if they had called at the door then why bother to send a card through the post to tell me so. Surely they would have just posted it through the letter box there and then?

 

Soooo, no need to worry that anyone has been to your door. In the time my ex has been gone, and even with the amount of things being sent from debt collectors to try and mislead me, only one person has ever called and he was soon sent away with a flea in his ear . Hope that's of some help for you.

[DonkeyB]

Was there anything on that card which identified who it was from, in even the smallest of text (other than the phone number)?

 

If not, then they're in clear breach of the OFT Debt Collection Guidelines...

 

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

 

Hit 'em where it hurts with a complaint to your local TS and the OFT.

[Bazooka Boo]

Make a formal complaint to all below;

 

The Office of Fair Trading: Contact us

 

Consumer Direct Who will pass it straight onto your local Trading Standards.

 

Complaints - Privacy & electronic communication - ICO

 

CSA Website As they are a member of CSA and DBSG there are certain procedures they should follow, so informing these and informing them that lowlifes are in breach of their own code of conduct:

1.General Conduct

 

D)Comply with Debt Collection Guidance as Published by the Office of Fair Trading from time to time.

[Azuma]

these guys are a real treat aren't they? ha, not called the leeds losers for nothing right, any other people had similar things happen?

 

Az

[Azuma]

Was there anything on that card which identified who it was from, in even the smallest of text (other than the phone number)?

 

If not, then they're in clear breach of the OFT Debt Collection Guidelines...

 

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

 

Hit 'em where it hurts with a complaint to your local TS and the OFT.

 

on the back of the card there is a small one liner saying it's from lowells

[Bazooka Boo]

When you ring the number it's Red, who are chasing it, although they are the same as lowlifes, but breaching OFT debt collection Guidance..............still!

[postggj]

take it from me as confirmed

they come through the post

 

ive delievered enough of them

 

mind you

 

most come back as not known

shame

[sam614]

these guys are a real treat aren't they? ha, not called the leeds losers for nothing right, any other people had similar things happen?:DLOL almost every lowell "customer"

 

if all caggers who have received them post here it will be the longest thread ever;)

Az

 

SAM

[Satoriea]

DOnt Fret,

 

I am currently dealing with these idiots and I have them bowing to my offer of £5.00 a month, Write to them and tell them that you will only communicate with them via letter and unless you give them permission they can not send anyone to your door to talk to you about the debt. If they do you will gladly report them to OFT as they would be practicing unfair practices.

or just ignore them they'll go away wait untill six years have passed then they cant do jack.

 

I gnored the offer they sent me recently as they refused my previous offers of settlment hoping they will sell my debt on.

[Azuma]

hey guys,

 

i recently CCA'd Red, but Lowell have responded (same company i know, but thought a bit weird haha) - they have sent me the following letter, can you please advise as to the next way forward? :

 

Dear Azuma,

 

We refer to your request for a copy of your original agreement in accordance with the provisions of the section 77(1) and or 78(1) of the consumer credit act 1974.

 

This account from which the above amount is due related to a bank account that you held with Barclays Bank. Whilst this account is a regulated agreement we would refer you to Section 74(b) of the Consumer Credit Act 1974, whereby any requirement to supply a copy of the agreement is exempt for current bank accounts.

 

We have however requested statements from the original creditor which will show how the balance we have requested is made up. These will be forwarded upon receipt.

 

Please find attached your £1.00 postal order returned.

 

Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require your proposals for repayment.

 

Samantha Barnard - Customer Services.

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

 

So basically, this is relating to an overdraft i had with Barclays, but not sure if it's possible to SB'd or even how the law works in this case???

 

anyone know the next way to proceed taking into account these factors and the letter as detailed above?

 

thanks in advance fellow Caggers!

 

Az

[Azuma]

oh, forgot to mention that they had sent me the EXACT same letter on the EXACT same day, but in a seperate envelope without the P.O. included. They are soooooo unprofessional and don't know what they are doing.

[Deb T]

Presumably the account/current account was closed and a closing balance is what they're saying you owe?

 

I'd wait for the to produce what they've said they will.

 

Stat barred is 6 years from the last payment made on a debt or an acknowledgement from you that you owe the money...either way it's 6 years from the date of either event.

[Azuma]

nice one, i think they are saying that there was an outstanding overdraft when i closed the account... just not sure if it is SB'd or not, i've not heard from them for at least 5 years, maybe longer... i think it might be an idea to wait for them to produce the documents, although what 'get out' do i have here, if any? would they need to provide evidence that i owe the money by way of a current account contract signature or something? or a contract for an overdraft? the only thing is that i cannot even remember having a Barclays account haha...

[hungrybear]

If it's more than 6 years old then its statute barred end of story

 

however, they are wrong, overdrafts are exempt from part v form and content but there is an agreement in the form of a letter they must have sent you within 30 days of agreeing the od in the first place.

 

At this stage the best approach (if not statute barred) is SAR the oc and say you want ALL paperwork including the letter which outlined the apr / limit terms, dn, termination notice and statements going back to at least 1995 (if applicable). THEN you can see where you stand with the paperwork, work out the charges to reclaim etc

[hungrybear]

nice one, i think they are saying that there was an outstanding overdraft when i closed the account... just not sure if it is SB'd or not, i've not heard from them for at least 5 years, maybe longer... i think it might be an idea to wait for them to produce the documents, although what 'get out' do i have here, if any? would they need to provide evidence that i owe the money by way of a current account contract signature or something? or a contract for an overdraft? the only thing is that i cannot even remember having a Barclays account haha...

 

 

in that case I'd be tempted to just send the statue barred letter and let them prove it isnt

[Azuma]

in that case I'd be tempted to just send the statue barred letter and let them prove it isnt

 

that's the thing though, i already have sent them a SB letter, they came back with "the account is not SB'd because an 'Attempted Payment' was made in Feb 2005" - which i then left, as in my view that is in no way proof! but didn't know what else to send them apart from "no it isn't" haha, any advice on a way forward knowing this?

[PGH7447]

ask them for proof of the attempted payment, where when how etc

[hungrybear]

there was no attempted payment to my knowledge, kindly provide definative legally enforceable proof to back up your statement

 

THIS is a good sign, this attempted tosh is often used to try and pretend that a statute barred debt isnt.

 

REMEMBER it is for them to prove - real proof not hearsay

[Azuma]

thanks guys, i'll prob wait (for now) for them to get back to me, and then i'll send them the prove it letter or something - anyone got one to hand at all? i think my situation might be slightly unique in nature, so not sure if there is a letter requesting the above.. thanks again Caggers!!

[hungrybear]

dear sirs,

 

kindly provide definitive legally enforceable proof to back up your statement. As far as I am concerned I dont acknowledge or recognize the debt you refer to. However, If it ever did legally exist I am certain in would be statute barred by now as documented in section 5 of the 1980 act.

 

It trust that if you write again you will provide the proof I requested above, together with categorical proof of the debt and your legal entitlement to pursue me. If you do not provide such proof then I fail to see any useful purpose in my reply

 

I trust my positon in this matter is now clarified

 

Up yours

 

print name

 

 

get the idea?