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littlefatbudha

misleading debt letter from Lowell Portfolio 1 regarding old 02 account

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I originally had an 02 account, which was apparentally defaulted mid way through 2008, even though never received default notice.

I have not heard anything regarding this account for nearly 2 years.

And in reply to the fact that previous debt collectors could not find me, i have been at this address for 5 years , even had bills coming here for this account.

Now i have a letter from 02, O no i dont, it is from lowells ,pretending to be 02, rang number on letter (141 in front of course) and it goes through to lowell.

The wording on the letter states that if no contact in 20 days it will be passed on to lowells, funny that as the letter is from them anyway.

I feel that the letter is misleading and deceptive, so have reported to the OFT, who are very interested, if any one else has received a letter like this please report to OFT.

IMG-19.jpg

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Guest Cartaphilus

Not one from Lowells but I did get another DCA letter a few months ago which had been copied over onto my banks letterhead, had I not noticed this I could well have assumed it was my bank. The DCA concerned even went to the trouble of using an envelope with the banks address printed on the back all to give the impression etc etc. Opening it, I find it was from said DCA as their address was on the bottom yet bank's letterhead being used.

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The envelope in which this letter came in had lowells address on the back, have forwarded all info to OFT.

 

Consumer Credit Act 1974 (the Act) Complaint against: Lowell Portfolio I Ltd & Lowell Financial Limited Licence No: 544015 & 528607 Thank you for your email and attached documentations received on 3 July 2010. You have expressed concerns that you have received misleading letters from debt collection agency, Lowell Portfolio I Limited (Lowell) regarding an outstanding account with 02. Under the Consumer Credit Act 1974 (the Act), it is the responsibility of the OFT,as the licensing authority, to monitor and regulate those businesses involved inconsumer lending or related credit activities, including the high risk activity of debt collection. We consider the fitness and credit competence of businesses which apply for a licence and continue to monitor the fitness and conduct of those which are licensed. We can confirm that Lowell holds a consumer credit licence. The OFT has issued guidance aimed at all consumer credit licence holders involved indebt collection. This outlines the type of business practices we consider unfair and therefore incompatible with licence fitness. These include communicating, in whatever form, with consumers in an unclear, inaccurate or misleading manner. Although the OFT does not have authority to intervene in individual disputes between consumers and traders, consumer complaints are vital to the OFT in its role of monitoring a trader's fitness to hold a credit licence, and assist in providing the evidence base we require to take enforcement action. We investigate complaints and where appropriate take proportionate action against licence holders to protect the collective interests of consumers. This may include placing a requirement on a business to address any matter that causes us concern or, where we consider a trader unfit to hold a licence, we may take action to revoke the licence. We have noted the details of your complaint, but would like to make a request for further information you may have regarding this matter, for example at what stagedid you receive the letter in your email? Had you received previous correspondence from either Lowell or 02 relating to this matter? I can also confirm that Lowell is a member of the Credit Services Association (CSA),the national trade association for the debt recovery industry. The OFT is currently liaising with the CSA to clarify our views on the content, format and timing of issue of standard debt collection letters which we consider to have potential to be misleading or threatening. If you are unable to satisfactorily resolve your concerns with Lowell we suggest that you make a complaint to the CSA directly atwww.csaconsumers-uk.com/page/i-have-a-complaint. If we do take any action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form. Thank you for writing to us and bringing this matter to our attention. Yours sincerely

Edited by littlefatbudha

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Guest Cartaphilus

Well, it was in reverse with mine, bank addressed envelope (though I knew it wasn't a bank envelope anyway because I know the ones my bank sends them, and which they always send them in that format, plus the bank's named was missing off the envelope itself above the address window in so that tipped me off it didn't look completely up front), DCA details copied onto bank letterhead along with my bank details. Glad to see it's getting looked into as it's high time a lot of it was especially this type of thing.

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I have also lodged a complaint against lowell with the ICO for incorrect entries on cra , no default ever received, and 4 credit searches all un-authorised, never received notice of assignment, so legally ,they had no right.

The more who complain the better.

Oh and 5 guests

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Guest Mrs Hobbit

Reporting it the CSA is like reporting it the Head Poacher, I would also let the FSA know what is going on.

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I can see the OFT looking at this. It is obviously a deceptive practice which appears to have been cooked up between 02 and Lowell. The letter should make clear who you will be phoning, if you use the number on the letter.

 

If the alleged debt to 02 is in dispute, you should make an official complaint to 02 and if necessary pass it on to the relevant ombudsman e.g. Otelo. The ombudsman would also be interested in the practices being used.


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Thanks for all your help, i have had enough of this dca's and will do whatever i can to cause them problems.

No matter how many people report them, they dont learn the lesson as there is no punishment, if they were to be heavily fined every time they broke the rules, then it would not happen!

Will be sending further letters to FSA as well,forgot about them.

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Had a good reply from the OFT regarding this complaint today, looks like they are taking it very seriously !!!!!!

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Technically what they will do is buy a portfolio of debts, and as it happens Lowlifes luurrrrve mobile phone accounts, as for some ridiculous unknown reason, they don't come under the CCA, yet they are still allowed to add a marker on your CREDIT reference file???

 

Anyhow, lowlifes were taken to task over this a year or two ago on BBC Watchdog, for fabricating 3G mobile phone debts (please don't CAGbot me, I have the proof)

 

You need to report it to EVERYBODY, CSA, OFT, TS, Consumer Direct, FSA, FOS, Otelo, OfCom, and your local MP.

 

The more the merrier, regardless of whether they do anything or not, it is a complaint and another nail in this excuse for a companies coffin.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Anyhow, lowlifes were taken to task over this a year or two ago on BBC Watchdog, for fabricating 3G mobile phone debts (please don't CAGbot me, I have the proof)

BBC - Watchdog: Lowell - chasing debts


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Cheers Cerberusalert, I even have the written evidence filed away nicely too;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Now i have a letter from 02, O no i dont, it is from lowells ,pretending to be 02, rang number on letter (141 in front of course) and it goes through to lowell.

 

Careful with the 141 thing, it has been stated on here many times that some DCA's etc have software that allows them to see your number regardless.

 

Throw away SIM cards are great if peeps absolutely have to ring these critters.

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Thanks for that tip - I was watching a US program on TV last night, and they said that you can now buy (well in the US anyway) a device that can intercept mobile calls and trace who is calling who and give out all kinds of info.

 

Not sure that technology is all good:mad:


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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