Jump to content


  • Tweets

  • Posts

    • Thanks dx.    Would I not SAR Asset Link Capital as it was assigned to them in 2016 (according to the POC)?   To provide some context, I'm familiar with attending hearings etc and have fought and won a couple of battles.  I don't mind risking a couple of K in extra costs to give it a shot but I need to feel that there is at least a chance of success.   The card was originally an Egg card taken back in 2000 and then sold to BC who then sold to Asset Link Captial (no5) Limited.   When I did a CCA request to BC back in 2015, they provided reconstituted T&C's that post dated when I took the card out with Egg and a Credit Agreement for BC (which was clearly made up as the account was with EGG!).   Appreciate you are being careful to provide advice and not push someone to do something that could end up costing more money, I'm up for the fight though!
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
    • you wont get eric and that doesn't solve your problem as thats mainly to do with private parking set asides really as most judges now view PPC Backdoor CCJ with dissent and grant it regardless.    i absolutely hate link and paul burrell he built up a £1B+ empire of wealth solely by conning debtors into paying debts they mostly didn't even owe, but in this instance you are on very shaky ground.   me pers i'd not even debated it and i'd just gone for it win or bust. once you get the set aside it should be plain sailing.   but you came for advice and i can't not be truthful here.   the only otherway to better gauge you chances is to SAR Barclaycard , get everything they hold. that will show you the cards that Link will have to play with , they might well be pants.      
    • I have read everything about these cowboys but need a little advice. I was issued my fine on 9/12/19 but only received a dated letter on 11/01/20.   Ive had all the threatening letters from DRP and now Zenith and ignored them all. My wife was driving our car but yet its my dad who's getting all the letters as he's the registered owner. They managed to get my number and rang me today, I busted them for being the same company but the guy on the phone was super aggressive. I said to him Ive spoken to Trading Standards and they told me by law a ticket has to be issued within 14 days of the offence. But as you can see it was over a month, I said this to the aggressive dude on the phone who actually knew way to much about parking fines. So I think they are actually under the same umbrella as VCS also.   He was firing back that the law doesn't state that and I should look at 2012 laws or something and the DVLA, and it takes time to get my details from the DVLA to issue my charge????   Does this mean anything to anyone pls Regards   Stuart
    • Thanks to both of you, I've PM'd Ericsbrother.   dx - I wonder if you would be able to suggest a couple of hypothetical basic defences that you think would be valid  (just to see if it sparks any thoughts of a different approach I could take)?
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Please note that this topic has not had any new posts for the last 3723 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

My OH has defaulted on his two credit cards, one Capital One and the other Barclays. The Cap1 is now with a company called Lowell Portfolio I Ltd. We managed to get a repayment plan with NCO but Lowell wrote two letters to us today (both identical?)

 

They state:-

 

We have been instructed by our client Lowell Portfolio I Ltd to write to you in connection with your outstanding balance as described above. Our objective is to help both you and our client find a solution to this problem. We urgently request that you contact us today before our client instructs us to take further action to recover the balance.

- By sending us payment in full

- By contacting us to agree a method of payment over an agreed term.

 

In previous letters sent to you it was made clear that unless offer of repayment was made, we woule take appropriate steps to recover the amount owing. As you have failed to enter into a repayment planlink3.gif we may instruct an agent to visit your home to discuss repayment of your account. Unless you make contact with us within the next five days our agent will contact you with a view to arrange a visit.

 

-------------

 

They do not state when they will visit us and we never recieved any details of a repayment plan offer, this is the only letter my OH has recieved. What is going on?

 

We asked a friend of ours who is a solicitor and he found a copy of the OFT guidelines on another site and he has agreed to write to the OFT and complain about this firm. He looked at our letters and is surprised at how they are acting, however he has no direct experience in consumer credit.

 

What else can we do? We do have some funds but not the whole amount they want us to pay. We are at our wits end.

Death as a sentient entity is a concept that has existed in many societies since the beginning of history. In English, death is often given the name the "Grim Reaper" and from the 15th century onwards came to be shown as a skeletal figure carrying a large scythe and clothed in a black cloak with a hood. It is also given the name of the Angel of Death stemming from the Bible.

Link to post
Share on other sites

Firstly, don't phone them. Keep everything in writing and by Royal Mail Recorded Delivery. Never sign any letters, just print your name.

 

Presumably your OH admits to you that he does actually owe this money?

 

You need to make sure that Lowell are actually entitled to pursue the alleged debt. You can send them the CCA request letter, enclosing a postal order for £1 as is required to cover costs:

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

print your name

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

Link to post
Share on other sites

Hi.welcome.........The Lowell letter is a typical DCA letter full of threats and we may do this etc,do not panic. You say you have a DMP in place this should be sufficient to keep Cap1 quiet,or slow them down.Send a CCA to Lowell they then have 12+2 days to respond (template on site file),I doubt very much that they will produce a copy of the signed agreement,then send ACCOUNT IN DISPUTE LETTER.Also on template file letter if DCA threatens home visit,send this as well,threats of this nature are illegal,they need confirmation from you first to allow them to call at your home which I am sure you will not give .Regarding Barclaycard send them a CCA letter as well.When where the Credit Card Accounts opened??????????????........FS

Link to post
Share on other sites

Dear Halibutt & firstship

 

Many thanks for your kind help which is much appreciated.

 

The cards were taken out around 2001/2, I will look back at our records for the specific date. We have some charges to reclaim and have gone through the FOS route which is slow. I have read around this site a few times since I know someone who went through court action a few years back, the case was dropped since there was a problem with one of the agreements, not sure what/why since they moved away.

 

I will send off this letter and report back.

Death as a sentient entity is a concept that has existed in many societies since the beginning of history. In English, death is often given the name the "Grim Reaper" and from the 15th century onwards came to be shown as a skeletal figure carrying a large scythe and clothed in a black cloak with a hood. It is also given the name of the Angel of Death stemming from the Bible.

Link to post
Share on other sites

Many 'older' 'agreements' were distroyed by Creditors and as such the alleged debt cannot be enforced in law without the original Agreement.

 

This is the reason that we suggest applying for a 'True' copy of the Agreement.

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.

Link to post
Share on other sites
Also To OP:

 

If anyone from Lowells asks you to email them/phone you then dont. As suggested above keep it to writing only

 

Thank you all for the advice. I have read a lot about Lowell and their treatment of people profiled on here and other sites, they are appauling.

 

My solicitor friend has taken a copy of our documents and agreed to send these to the OFT, I am told that the OFT have set guidelines on how creditors (or their agents) are supposed to communicate with debtors and Lowell are in clear breach of these rules. He has also agreed to litigate through another firm if we wish to go that route, I think he is a little shocked at how the debt collection industry operate.

Death as a sentient entity is a concept that has existed in many societies since the beginning of history. In English, death is often given the name the "Grim Reaper" and from the 15th century onwards came to be shown as a skeletal figure carrying a large scythe and clothed in a black cloak with a hood. It is also given the name of the Angel of Death stemming from the Bible.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...