Need some help with Lowell Portfolio

[welshman_42]

Hi,

 

Have registered after finding via Google and need some help with Lowell Portfolio after reading lots of bits and pieces about them. Also after reading about them I am not going to post any details as they appear to trawl the forums looking for people so I am going to be specific without identifying.

 

Recieved a letter from them Saturday regarding a debt with a mobile phone company I had problems with a few years ago.

 

Basically, I was in real financial difficulty and a direct debit got returned unpaid. I phoned them about it and explained and all seemed OK, when I could I rang them to pay and paid off the outstanding balance, when I spoke to them and tried to set up a direct debit they told me that as it had gone overdue the only way I could do it was pay £xx or set up a new direct debit which would result in a new 12 month contract being started. Being a bit green to all of it, I set up the direct debit but argued the point about the 12 month contract and was told that they would look into it and come back to me, they never did.

 

After being in debt management for a while and generally getting back on top of things, I checked my credit file and the mobile company (major provider) has registered a default on my account a couple of years ago. Was going to contact them about it when this letter arrived.

 

So at the end of the day, although I don't agree with the way the mobile company handled it, I do owe the money and don't dispute that.

 

Whilst debt collection agencies are not new to me and I do stand up to them, the horror stories about Lowell have me a bit worried as through some bad advice from Harrington Brooks when I was stupid enough to be in a debt management plan with them, I have a few defaults which will be past the 6 year point in the next 12 months so at least I had stayed out of trouble for a while and my credit file was getting in better shape.

 

After reading about Lowell/Red they seem to be complete ******** so I don't want them adding another Default on my account.

 

Whilst although the mobile provider didn't get in touch with me, the default is on there from them so I can't really dispute it too much as I have no letters from them or anything to back up the conversation and they won't speak to me as it's in the hand of Lowell.

 

So, whats the best way to deal with them? Was going to send them a letter offering a full and final settlement offer of 50% based on the agreement they don't sell the debt on (as it seems they do), any default is removed that they (not the mobile provider) place on the account and send it in someone elses name not mine so they can't come back to me. Is this a good way to deal with it or are they just going to say no and start harassing me like they seem to with everyone else?

 

The other alternative is just to tell them I am in debt management and it's either the 50% full and final or they can get the money over however long it's going to take them to get it (think 3 1/2?)

 

Anyone had dealings with them where they haven't had problems after?

 

Any advice is very much appreciated.

 

Thanks

 

Welshman_42

[mr.ton]

Hi & welcome to CAG.

Firstly, stop speaking to them on the phone & refuse to answer security questions if they ring you.

A direct debit should never be set up with any DCA as they can take what they want that way.

Others will be along soon with their own responses for you

[welshman_42]

Hi & welcome to CAG.

Firstly, stop speaking to them on the phone & refuse to answer security questions if they ring you.

A direct debit should never be set up with any DCA as they can take what they want that way.

Others will be along soon with their own responses for you

 

Hi,

 

Thanks for the advice.

 

Have not rang Lowell yet as there are so many horror stories it seems amazing they haven't been shut down and everyones advice is that way so although I was going to phone them, I decided definitely that was not a good way to do it.

 

Everyone seems really helpful here from what I have read so I look forward to getting some advice.

[cerberusalert]

For the time being it may be best to send them a 'prove it' letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt The onus is on them to prove a debt exists and they have the right to collect it.

[mr.ton]

They are one of, if not the worst DCA in this country - they are well known on this forum by many of the Caggers.

Not speaking to them on the phone is golden rule number one.

They will say/do anything to get you to pay up.

Although mobile phones are not covered by a CCA - they still need to prove you owe the debt, so a "prove it" letter might be a good starting point for you.

Knowing Lowells...its unlikely they have any proof

[welshman_42]

They are one of, if not the worst DCA in this country - they are well known on this forum by many of the Caggers.

Not speaking to them on the phone is golden rule number one.

They will say/do anything to get you to pay up.

Although mobile phones are not covered by a CCA - they still need to prove you owe the debt, so a "prove it" letter might be a good starting point for you.

Knowing Lowells...its unlikely they have any proof

 

So even though it's been logged on my credit file (and I kind of know about the debt even if I don't agree with it) from the mobile phone company I can still ask them to prove it?

 

Also, it seems very likely from what others have said they will put a default onto my credit file so if they do and cannot provide proof of the debt, where do I stand getting it removed?

 

Thanks for your advice and time.

[mr.ton]

Yes you can ask them to prove it anytime you want.

Report Lowells to the OFT,trading standards & the info commissoner - thats standard practice for Caggers anyway

The credit reference agencies are only too willing to assist the DCA's when it comes to putting defaults on credit files unfortunately.

But with a bit of persistant complaining to all the relevant authorities..it can be removed

[welshman_42]

So the best action is to send the prove it letter, see what comes back and take it from there and under no circumstances, talk to them on the phone?

[mr.ton]

Yes that is correct

[spitfire650]

So the best action is to send the prove it letter, see what comes back and take it from there and under no circumstances, talk to them on the phone?

 

Absolutely right.

 

There is no need to pay these sponging parasites a penny. They have supplied you with nothing and even if the original creditor was owed money, they have long since received a substantial tax credit from writing the account off. If the account is not already statute barred, it soon will be, at which point any reference to it will drop off the credit reference agency files.

[welshman_42]

Thanks for the advice, will send the letter and await their reply.

 

[Kry10]

I've had dealings with the various trading styles of the Lowell Group regarding a purported mobile phone account (never had a contract phone and never with the company claimed!) - I've had all the usual threatograms, postcards, etc. Thought things were going well when I received the buy-back offer (supposedly from Red but printed on Lowell paper!).

 

But now it appears that Lowell's have changed tactics because they have 'instructed' Philips to collect this imaginary debt - so Philips have had the barrage of letters including bemused, doorstep collection, S10, etc

 

K

[mr.ton]

Treat "Phillips" in exactly the same way you would with Lowells.

[welshman_42]

Hi,

 

Me again!

 

Lowell Portfolio have had the 'Prove It' letter and still not come back to me to be able to supply documents that show the debt.

 

In the mean time, I have had 3 or 4 letters stating they are trying to get the information but it all dates back to the 20th October 2009.

 

The Default has been transferred from the mobile company to Lowell Portfolio on my credit file too.

 

Is anyone able to recommend the next steps to take? Is it possible to get the default removed as they have been unable to provide information on me owing the debt or is it just better to leave it and put up with it?

 

Thanks in advance for your help, yet again.

[Huff&Puff]

The next step is to just ignore them until such time as they come up with proof of the alleged debt. If they continue to harass you report them to Trading Standards and the OFT for chasing a disputed debt.

 

Unfortunately getting them to remove a default is virtually impossible

[Bazooka Boo]

As long as they haven't altered the dates then the default on your CRF will remain, they only stay on there for a maximum of six years.

 

However if Lowlifes have altered the date of default to when they bought/chased the debt then that information is incorrect and WILL have to be ammended, incorrect info on your CRF currently attracts a £1000 damages fee, ONLY IF you are brave enough to sue them.

 

I am just waiting for the day I can take a DCA to court:D

Not that my CRF is of any concern to me and I fail to see what all the fuss is about with them, just another Americanism. But I would love to get them to pay me some beer tokens!