Lowells..... again

[demagod]

Hi everyone.

 

I am a bit worried about the legitimacy of this company after reading a whole bunch of threads on them. Well I have defaulted on a credit card and offered token payments many times to my bank who refused. I eventualy got them to agree to £16 a month and in addition to this they offered to clear my debt for £350 (my balance was at £986.23) so I thought that was a pretty good deal. I got to borrow the money off someone, and called them, bearing in mind I was in agreement to pay them £16 a month. ( the Credit Card was an Alliance and Leicester one from MBNA) well when I called them to clear the debt, they told me they sold it to Lowells, I was bemused as we had an agreement, but ho hum. I contacted Lowell from the number the bank gave me and asked about the same deal of £350, well they refused ( no surprise) but I agreed to pay them £50 per month and they took my card details.... this is where I am worried, I realise they never took my payment and I got a missed call from their number tonight and I googled it letting me find this forum and all the problems they cause. Should I cancel my card and get a new one and stop paying them? or what? I don't mind paying my debt, but they don't seem a fair bunch.... Also they wouldnt tell me how much they bought the debt for as I don't need to know, I felt I do, can I make them tell me? I am worried that they will milk my account?

 

any suggestions, or am I right to pay them?

[spitfire650]

Hi there demagod,

 

You are right to suspect the legitimacy of Lowell. They are the dregs of DCs. Thats aid don't lose sleep over them, since the good news is that there is no-one below them on the food chain so once you have shaken these parasites off you should be free. You'll get plenty of help here.

 

It sounds like you have made payments on the account quite recently so this probably won't be statute barred.

 

Your first step should be to request a copy of a valid credit agreement under section 78 f the Consumer Credit Act. If they can't supply this, its game set and match. I wouldn't worry too much about making any payments to them in the meantime either.

 

Good Luck.

[Undercover-Elsa]

Morning demagog and welcome to CAG

 

I wouldn't advise giving debit card details to ANY DCA as that puts them in control of the payments, and for this reason I would definitely advise reporting your card as lost and asking them to cancel it immediately.

Whether or not you wish to continue paying them is another matter, but if you do always make it by standing order as that way YOU state the amount. Not Direct Debit!

Re the Credit Card, as above, if you wish to check whether they have a valid agreement to prove their right to collect this debt, send a Consumer Credit Agreement Request to them. The CCA template letter is in my signature below. Send with a Postal Order for £1 (no signatures must be given to them so also print don't sign the letter).Send by Recorded Delivery and save the receipt.

They have 12 + 2 days to supply the documents. After that you may legally withhold payment until they comply with the request.

They will usually back off anyway for a while once you send it in.

Anything else you need to know just shout

 

All the best,

Elsa x

PS: Don't speak to them on the phone ..EVER. Insist EVERYTHING in writing

[demagod]

Hello,

 

Thanks for your reply's and the links, I will cancel my card and get a new one. Is it legal for them to not tell me how much they purchased the debt for? But I think I will send them that letter anyway...

[DonkeyB]

Elsa's advice is great. The fact that the OC offered you a vastly reduced settlement - and the fact that it's MBNA - means the likelihood of there being an enforceable agreement in existence is low.

 

I appreciate that you want to pay your debt, and CAG does not condone debt avoidance. However, the OC has played fast and loose with a client who was willing to reach an agreement, and Lowell will be worse - so I reckon all bets are off. You have rights too.

 

Remember, the law can work for you as well as against you, so get that CCA request off. You may also want to post the details of the default notice on here so we can check whether it was valid. Did you receive a notice of assignment from A&L or Lowell?

[sam614]

Hello,

 

Thanks for your reply's and the links, I will cancel my card and get a new one. Is it legal for them to not tell me how much they purchased the debt for? But I think I will send them that letter anyway...

 

they payed between 10-20%

 

would not worry they will offer fantastic reductions as soon as they (actually OC)can not retrieve your cca from archives.

 

good luck

SAM

[demagod]

thanks, I will dig out all correspondence from them and post it here!

[Undercover-Elsa]

When you cancel the card..just say you lost it, end of. Don't get into any discussion about the debt collectors payment.

Unfortunately they're under no legal obligation to tell you how much they paid for the debt, but as Sam says, usually between 10-20%, sometimes less.

Hang in there, we're here if you need more help

Elsa x

[demagod]

Thanks! again.

[sam614]

tiny bit personal here

do you know why they did not take a payment.not like lowell to miss out on a payment,and they would have made sure that they had the right number;)

 

any chance that they tried and funds not available

 

cause these morons add £20 to a bill for failed transaction.

 

SAM

[demagod]

I'm not sure, I had money coming in to my account but its possible it wasn't in on time. My "online" bank takes forever to update, so I'm still waiting to see all the transactions on my account.

[demagod]

Sorry I havent been in touch, just started college and been laden down with work, off to send the CSA form today, but weirdly enough I am now being contacted over telephone by a number which I googled and its Moorcroft? is this another trading name for Lowells? they just leave messages saying to contact them as it's an emergency. yeah right....

[sam614]

no not lowells.

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter

 

send that to moorcroft,if they carry on and get on your nerves.

 

SAM

[demagod]

hmm, I wonder what the hell they want then. They know my first name and mobile number?

 

Thanks.

[sam614]

hmm, I wonder what the hell they want then. They know my first name and mobile number?

 

Thanks.

 

all will be revealed no doubt they will write if they get no response to their messages:rolleyes:

[demagod]

HI,

 

I was asked before to post the letter I originally recieved regarding my debt being transferred.

 

the first one is from MBNA

 

July 28, 2009

 

Dear Mr XXXXX

 

Account - 0000 0000 0000 0000

 

YOUR OUTSTANDING BALANCE DUE UNDER THE ABOVE ACCOUNT HAS BEEN SOLD TO THE LOWELL GROUP.

 

The Lowell Group's address is:

 

Enterprise House

1 Apex View

Leeds

LS1 19BH

 

tel: 0845 3009410

 

All enquiries regarding this account including accurate balance information, together with future payments should be made directly to this company.

 

Yours sincerely

 

Paul Campbell

 

Paul Campbell

Head of Customer Service.

 

 

and from there I contacted Lowells myself (probably foolishly, offering £50 per month) so I received this....

 

WITHOUT PREJUDICE

 

Dear Mr XXXXXX

 

Our Ref: 00000000

Original Creditor: MBNA Europe Bank Ltd

Balance Outstanding: £974.81

 

I have pleasure in confirming that our Client Lowell Portfolio 1 ltd is prepared to accept the arrangement as set out below.

 

Minimum amount payable : £50.00

Frequency : Monthly

Date of first Payment : 01/09/2009

Payment By : Credit Card

 

Mr XXXXXX, I must advise you of the consequences of breaking this arrangement, if you fail to make payment as agreed, the arrangement with us could be terminated and other means of recovery may be used to recover the outstanding balance.

 

May I take this opportunity of thanking you and if you have any questions then please don't hesitate to contact us.

 

Yours sincerely

 

Andrew Bartle

Chief Operations Officer

[sam614]

HI,

 

I was asked before to post the letter I originally recieved regarding my debt being transferred.

 

the first one is from MBNA

 

July 28, 2009

 

Dear Mr XXXXX

 

Account - 0000 0000 0000 0000

 

YOUR OUTSTANDING BALANCE DUE UNDER THE ABOVE ACCOUNT HAS BEEN SOLD TO THE LOWELL GROUP.

 

The Lowell Group's address is:

 

Enterprise House

1 Apex View

Leeds

LS1 19BH

 

tel: 0845 3009410

 

All enquiries regarding this account including accurate balance information, together with future payments should be made directly to this company.

 

Yours sincerely

 

Paul Campbell

 

Paul Campbell

Head of Customer Service.

 

 

and from there I contacted Lowells myself (probably foolishly, offering £50 per month) so I received this....

 

WITHOUT PREJUDICE

 

Dear Mr XXXXXX

 

Our Ref: 00000000

Original Creditor: MBNA Europe Bank Ltd

Balance Outstanding: £974.81

 

I have pleasure in confirming that our Client Lowell Portfolio 1 ltd is prepared to accept the arrangement as set out below.pleasure:rolleyes:

 

Minimum amount payable : £50.00

Frequency : Monthly

Date of first Payment : 01/09/2009

Payment By : Credit Card

 

Mr XXXXXX, I must advise you of the consequences of breaking this arrangement, if you fail to make payment as agreed, the arrangement with us could be terminated and other means of recovery may be used to recover the outstanding balance.

 

May I take this opportunity of thanking you and if you have any questions then please don't hesitate to contact us.thank:rolleyes:

 

Yours sincerely

 

Andrew Bartle

Chief Operations Officer

 

what a lovely polite letter from lowells.

 

how nice are they when they want to be.

 

when they are getting something.

 

send your cca as soon as you can.

did you cancel your card?

 

SAM

[demagod]

Hi Sam,

 

Weirdly they have not taken payment yet, they just keep phoning me and sending me letters for payment, I can only assume they have lost my card details. I have yet to cancel it, I should do it today actually. I need to take some money out first to cover the time without a card as I am in college full time.

 

But I have printed off the CCA and will post it in an hour or so. Lets see what they say! kind of annoyed about the Moorcroft lot... don't even know what they want. I have a feeling I paid them a mobile debt in January, for something like £60 and cleared it. The only other thing is a bank charges debt with First Direct, which they have put my claim on hold but are chasing me for the money and I am refusing to pay as they created the debt, through ruthless overcharging. I had a bunch of payments arrive late one Christmas because of the holidays and bank holidays but all my bills came out as normal (funny that) and I got fined so much that the next month they took the fine before my bills and the same happened again, and it grew to about 800 in charges in 6 months so I had to get a new account to be able to survive, and they refused my CCA letter claiming hardship. Bar stewards.

[Revenant]

Very short clip from the OFT Code of Guidance .......

“ PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

This includes:

Pressurising you to sell property or take out more debt

 

Just a thought

Even if the debtor suggests it by accepting payments by Credit Card aren't Lowell going against the guideline above?

[demagod]

It's funny you should say that about taking out more debt, as I got a random text message over the summer, sayin hello (my actual name) and offering me the chance to apply for some loans. Now this was on my mobile again. I was sure it was linked with one of the company's trying to get money from me. They frequently asked me to apply for loans etc to clear their balance.

[demagod]

Very short clip from the OFT Code of Guidance .......

“ PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

This includes:

Pressurising you to sell property or take out more debt

 

Just a thought

 

Even if the debtor suggests it by accepting payments by Credit Card aren't Lowell going against the guideline above?

 

Also I am in trouble because of the only credit card I had.... their debt.

[Revenant]

Hi again

Well after having a nose around I found ....

CSA code of practice 4 (I) .... Not pressurise debtors to sell property or to raise funds by further borrowing.

So possible breech of their own code of practice

CPUTR 2008 .... Aggressive commercial practices

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—

(a) it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and

(b) it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.

 

I don't know if the CPUTR section is any good as an argument for you as I assume if you weren't been hassled you wouldn't have agreed to Credit Card payments

 

I'm sure soeone with more knowledge will comment soon enough

[demagod]

Hi, I feel pretty embarrased saying this, but I kind of initially contacted them as I owed £1000 and the bank offered me to clear it for £350, and I eventually got that sum and they sold it 2 days earlier, so I contacted Lowells to see if the offer still stood, where they told me no and to pay the full amount. I am sick of all these parasites phoning me day in day out, with their idle threats that I wanted to get them off my back with the offer. But now as someone mentioned that If I challenge them then eventually the offer could come around again and in the meantime I can try and bank the money, I would be paying monthly to try and pay in a oner... Hopefully. For me I want to be debt free, as the stress is too much. So I am guilty of contacting them in the first place.... mad I know! ha ha.

[demagod]

I got this reply from Lowells today, it is kind of them getting more time to reply to me but shouldnt they have had the agreement in the first place in order to chase me for the money?

 

here is the letter from them...

 

Dear Mr XXXX

 

our Ref: 000000

Original Creditor : MBNA Europe Bank Ltd

Balance Outstanding : £999

 

We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974

 

We are requesting a copy of the agreement from the Original Lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the consumer credit act, you will appreciate this is dependant upon receipt of the information from the original creditor.

 

We will advise you further if it will take longer than the prescribed period.

 

If you have any queries regarding the above, please contact us on 0113 308 6044.

 

Yours sincerely.

xxxxxx

[sam614]

hi. they just get basic details name/address/amount as they buy in bulk,so they always have to get back to OC if anything is requested

 

you dont appreciate if it takes longer.thats there problem.they have 12+2 end of.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

next one to send when times up.

 

don't sign/ print name.

 

SAM