Harrassement by Lowell financial

[domyheadin]

Please can someone give me some advice, on the 18th june 2007 I recieved a letter from debt managers ltd saying they were acting on behalf of barclays bank and they were looking to recover a outstanding debt. I immediately fired of a request for a C.C.A. with a £1 postall order.

they did not comply with my order but still hassled me with more letters, I wrote back saying they were in default and the debt was no longer inforceable because they failed to produce a C.C.A.

 

The account was passed on to another debt recovery agency who wrote to me, I wrote back saying the debt was in default with debt managers and they had not informed me that they had infact handed the case to another agency. This carried on for nearly a year with another 4 debt recovery firms stating they were now dealing with the matter.

 

I recieved a letter in june 2008 from a Lowell financial claming they have bought the debt from Barclays and I had to deal with them from now on. Again I wrote a letter stating that the debt was in dispute with the original D.C.A. and therefore not inforceable in a court of law. I received a letter back saying they were going to investigate the matter.

 

Last month they wrote back to me ( it took them nearly 2 years to investigate the matter ) stating that as I have made some payments they did not nedd a C.C.A to enforce the debt, however as there has been no payment for over 6 years the matter would be closed and I could ring them up to finalise things. I do know that I should not speak to D.C.A. over the phone and did not bother to reply.

 

Today I recieved another letter from Lowell stating that they have wrote to me on many occasion to resolve this matter and I should contact them to pay the outstanding debt of, or to agree a repayment plan. If I did not contact them immediately they would consider litigation as a form of recoveries and they would hand the matter to Hamptons legal who are there litigation specialists.

 

I am really confused as to what I do next as (A) the debt is in default due to the failure to comply with a request I made for a C.C.A. 3 years ago and (B) I thought the debt becomes invalid after a total of 6 years has passed without payment. This has really conused me now because when I received the letter of them a month ago I was really shocked as it had been nearly 2 years since the last and stupidly I riped the letter up and threw it in the bin:-x thinking there was nothing they could do.

[maroondevo52]

Hi,

 

What was the debt and when was the last time any payment was made towards this debt ?

[domyheadin]

Hi Maroondevo52 the debt was a loan I took out with payment Protection . I was laid off and the p.p.p company wiggle out of paying the debt on the account that I had not been in 12 months continuall employment. Then barclays went in to overdrive and hit me with bank charges and every time they wrote to me it just went up and up and up, also looking at my records the last payment I made is less than 6 years it was infact may 2005

[maroondevo52]

There's a letter here you could edit and send to Lowells................

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE xxxx.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Regards.

 

Scott.

[domyheadin]

tks maroondevo52 I remember firing one of these letters of to 2nd D.C.A. who took over from the original D.C.A. ,, I hope that this will finally resolve the matter, thankyou very much for your time and knowledge on this matter and I will post again when I have received a reply from Lowell

[domyheadin]

wow finally I have had a reply, Lowells have said that they need to contact Barclays bank because they bought the debt in 2008 and was not aware of any issue that would put the account into default. They also said that i would not receive any contact of there collection department untill they can resolve why the account is in dispute.

[harrassed senior]

Thats' a good result, but, unfortunately probably not the last you will hear. Enjoy the peace while it lasts.

[wiltshirecouple]

Hi Domyheadin,

If you don't know, The Litigation Specialists that Lowells are referring (Hamptons Legal) are just another desk within the Leeds Losers Offices.

Follow the excellent advise on here and the SD will be set aside.

Best Wishes

[jed52]

Hi Domyheadin,

If you don't know, The Litigation Specialists that Lowells are referring (Hamptons Legal) are just another desk within the Leeds Losers Offices.

Follow the excellent advise on here and the SD will be set aside.

Best Wishes

 

What are you on about, 'SD will be set aside'?

There is nothing to set aside.

 

After you have sent Scotts letter, you dont have to do anything. Just ignore them.

Lowells are easy to get rid of.

jed

[wiltshirecouple]

What are you on about, 'SD will be set aside'?

There is nothing to set aside.

 

Yep, ok.

Just re-read through and seen post 6.

[domyheadin]

Tks people I will just wait to see what happens next , Lowells first got in touch nearly 3 yrs ago and I wrote the same letter and it took 2 yrs to respond.