Help with Lowell/Red debt please

[audi54]

This is my first post so my thanks in advance for your help.

My girlfriend has been receiving letters from Lowells and yesterday got one from Reds this I believe from reading on this site are one and the same.

The debt is from Lloyds it is about five years old and she thinks it is for a credit card but she can not be sure she has other debt lurking in the back ground that I have found through credit checks but this is the only one to date that has raised its ugly head.

What is the best course of action?

[debt4get]

send a cca request to them..or ask them to prove the debt is owed and that they have the legal right to collect on it...the letter templates are available on the site here

[cerberusalert]

To get the ball rolling send them this 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. You may have to send a CCA and maybe a SAR later but we'll deal with that if and when.

 

By the sounds of things this alleged debt is nearly Statute Barred.

[phil_nottingham]

Yes they are the same

The lowells threat monkeys have window seats, the red threat monkeys Dont!

[harrassed senior]

Agreed, but whats' the view like

[ODC]

Agreed, but whats' the view like

Bit like a visit to a proctologist. You stare at arseholes every day

[phil_nottingham]

Agreed, but whats' the view like

 

Well it must be fascinating watching all the "solicitors" working hard accross the office floor at hamptons legal....

[audi54]

Hi I sent them the CCA letter and a few weeks past and they have replied with " Sorry for the delay in our response We note from your letter your comments about you not being our customer but with the information we we hold we believe that you are our customers and therefore liable for the outstanding balance. We look forward to receiving your proposals for payment"

 

So what next ?

[ODC]

Dear Cretins

 

I apologise for the promptness of my reply but the information you have sent me does not prove that I am one of your customers. I have never to the best of my knowledge ever entered into any agreement with you and in fact feel that it is highly unlikely that I would ever deal with a company such as yours. Unless you provide me with written proof that I am a customer of yours then I consider this matter closed. For the benefit of any doubt I will NOT be making any proposals for payment to you.

 

yours etc

[cerberusalert]

Ignore the idiots.

[debt4get]

agree ignore the idiots

[harrassed senior]

Have you sent the account in dispute letter, assuming 12+2 days have passed, you need to send that so that they are left in no doubt that you consider the account unenforceable.

[audi54]

My apologies it wasn't a cca letter it was the genral letter hyperlinked in reply #2 by cerberusalet

Thanks

[Bazooka Boo]

Just ignore them then. Fishing trip..

[audi54]

Had another letter this morning "We have still not received payment or have a payment plan in place,we know how hard it can be to manage our finances and we are willing to be flexible blah blah blah.This debt is not going to go away and will only get worse we suggest you pay us £30 per month by direct debit that's the equivalent to only £1 per day blah blah blah.

 

Do I just ignore or send them a CCA request ?

[unclebulgaria67]

If Lowell/red could take this forward legally, they would have tried to do so by now.

 

Advice is to either send the CCA request or do nothing. If you know the debt is 5 years old, no payment or acknowledge of debt in the interim period and no CCJ, then the debt will become statute barred within the next 12 months and drop off her credit record.

 

The danger sometimes of writing to these companies, is that it can make it more of a priority for them to get hold of the CCA. If they suddenly find that they have the correct paperwork, they may chance their arm in court. By doing nothing, this may just stay on their files and you will just continue to receive empty threat letters.

[Bazooka Boo]

Had another letter this morning "We have still not received payment or have a payment plan in place,we know how hard it can be to manage our finances and we are willing to be flexible blah blah blah.This debt is not going to go away and will only get worse we suggest you pay us £30 per month by direct debit that's the equivalent to only £1 per day blah blah blah.

 

Actually, this is how it is, 'I' will tell 'YOU' what I can pay, not the other way round.

And I will certainly not be so stupid as to give you full acess to my bank account by way of a direct debit.

 

The only time you need to contact a company such as these, is when they issue you with court papers, as they are extremely unlikely to be able to afford this process, ignore the fools.

[audi54]

And still the letters keep coming we are now getting them from Hamptons again Lowell sent a few and they have now moved on to "their" legal team.

The latest letter states that because you have failed to enter an repayment arrangement we are now going to request a copy of your credit file from Experian which will help us to decide what action to take.

They then go on to say about if your a home owner and they are granted a judgement by the court they will make her sell the house or make an attachment to earnings or instruct a bailiff to remove goods from our home.

They are now starting to really stress my wife and they are getting on my nerves by the constant letters should I now send a cca request?

Many thanks

[cerberusalert]

Send the CCA request to Hamptons who coincidently is another desk in Lowells mini empire.

[Bazooka Boo]

Also you should make a complaint to the OFT/TS via Consumer Direct - Contact us for exploiting a debtors lack of knowledge by telling them that a course of action can be taken out when in actual fact it can't.

 

IE. Bailiffs, the ONLY time a bailiff will be instructed to remove goods from someones home is if, the courts have issued a CCJ against that person, and that person has then failed to adhere to that CCJ, they (DCA) will then need to go back to court to obtain the courts permission to instruct bailiffs to attend, then and only then would a 'certified' court bailiff attend, and even then you Do Not have to allow them entry to the property.

[audi54]

Update letter from Hamptons today "We refer to our previous correspondence and note that you have failed to make a realistic arrangement to settle the out standing amount to our client lowell portfolio.

We may now issue and serve legal proceedings against you without further notice through the county courts which if successful could mean that you will incur the following costs in addition to your debt

£80 court fees solicitors cost £70 and interest of £290

I have still not sent a CCA request as I am unsure how to do this.

Are they likely to go to court?

Thanks in advance for any help on this matter

[cerberusalert]

Send them this;

 

Their address

 

 

date

 

****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to;

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[debt4get]

usual threatogram rubbish....chances of court..about zilch..

[Bazooka Boo]

Typical Lowlifes spouting off without realising the consequences of their idle threats..

[audi54]

By sending this she wont be admitting to the debt will she?