Help With Lowell/Red Collections Please

[Sidewinder]

Hi - would appreciate some help. This seems to be the first of probably several DCAs starting to ratchet up the pressure.

 

I made token payment offers to several companies when made redundant last year, including Barclaycard/Littlewoods Card. No response received, and the account was sold to Lowell earlier this year. Asked for a CCA and was sent this a couple of weeks ago.

 

 

To my untrained eye it seems in order, especially being a fairly recent Agreement, but am I missing anything?

 

Anyway, Lowells have now passed it across the desk to Red Collections, who are cranking things up with this letter

 

 

Any suggestions as to what would be the most appropriate course of action?

 

Many thanks

Edited June 26, 2010 by Sidewinder

[Pinky69]

Cover over your name and address on the top right of the agreement.

 

The agreement itself has the required prescribed terms but you should also have received Terms and Conditions and a Statement of Account. If you didn't get these they haven't fulfilled your CCA request. Ask them for them and don't pay anything unless you get them. Once you have everything, I would pay them £1 a month - you decide what to pay them, they do not dictate to you - and tell them that is all you can afford. And don't let them add anything to the debt.

[Sidewinder]

Thanks Pinky

 

What I received on the CCA request was the Agreement, copy statements for the last 9 months or so (most of which adding charges) but no T&Cs

 

Should I not have received other documents like the DOA? I have checked on letters I have and can find nothing from Barclaycard telling me that they had sold the debt - just one from Lowell saying that they had bought it.

 

I haven't had a lot or correspondence from Red either - they just send occasional texts to an old phone which I don't use often telling me that I MUST phone them - and the lates one saying 'if you want to have a peaceful World Cup, phone us and sort this out'

[Pinky69]

Did they write that in a letter - about the World Cup? Report that to the OFT because that is a threat of harassment - cheeky swines! The original creditor should have sent a NOA and it should have been sent by recorded Delivery. That doesn't impinge on the enforceability of the agreement but it means you have no proof that Lowell has any lawful right to ask for payment. You can string them along by asking for a copy of the NOA and proof it was sent in accordance with the procedure laid down in the Law of Property Act 1925.

[Sidewinder]

Thanks - that may be useful. I have had no Recorded Delivery for anything - just a letter from Lowell stating 'As advided in previous corresponence (we) purchased this debt from Barclaycard on xx/xx/10'

 

Just re-read the text message and it did not come from Red but from Experto Credite (sounds like that annoying git on the 'We should spend more time together' Credit Expert TV advert) regarding an MBNA account.

 

It reads "Mr xxxx - do you want to celebrate the World Cup in peace? Make a commitment today to Experto Credite on 01189525300 to prevent future calls"

 

Will write back to Red and ask for a copy of the NOA.

[Pinky69]

They should absolutely be reported to the OFT for that letter.

 

[email protected]

[MrTWS]

The letter looks bad enough, but I think the text again highlights the pressure tactics these people seem to use.

[DonkeyB]

t reads "Mr xxxx - do you want to celebrate the World Cup in peace? Make a commitment today to Experto Credite on 01189525300 to prevent future calls"

 

Unbelievable! Follow pinky's advice and complain like hell. This is a direct threat of harassment.

[Sidewinder]

Unbelievable! Follow pinky's advice and complain like hell. This is a direct threat of harassment.

 

Done!

[DonkeyB]

Excellent!

[dseea]

Thanks Pinky

and the lates one saying 'if you want to have a peaceful World Cup, phone us and sort this out'

 

I fail to see how you not contacting them is somehow going to deny you the opportunity of watching the world cup in peace

[Halibutt]

I fail to see how you not contacting them is somehow going to deny you the opportunity of watching the world cup in peace

 

They're insinuating that they will hound and harrass by phone, letter and doorstep visits.

 

That's threatening behaviour and should not be tolerated behaviour by any organisation.

 

Good to know you've complained Sidewinder. I'm hoping they'll send me similar - if they do, I'll kick up stink!