Lowell and Hamptons

[myusername]

Now I have the following letter, they have theusual may take court action but want to add £245 Interest Charges (50% of amount outstanding), £80 Court Fee's, £70 Solictors Fee's.

 

 

They have had the Statue Barred Letter many times in the past, convienetly ignored and have been reported via consumer direct who have told me not to call them as they will take this as acknowledging the debt.

 

Can someone give me a link to the letter to send it a final time. Like others they have searched my file frequently, its in the region of one a month.

[unclebulgaria67]

Link to the debt collector library of letters.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors

 

If you have advised them before and they have ignored you, there is a letter towards the bottom of the library list, which you may choose to use.

[cerberusalert]

You could always remind them that they've just lost a harassment case which has cost them over £2K and that you would be more than willing to bring about a similar action.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?p=3093861#post3093861

 

Also;

 

Ferguson v. British Gas Trading Ltd (2009) is relevant to cases like this - if Trading Standards are reluctant, draw their attention to this part of the judgment:

 

Sedley LJ:

:Parliament's intention in passing the Protection from Harassment Act 1997 was to criminalise the kind of serious and persistent unwarranted threat which is alleged here, giving a right of civil action as a fallback. In this situation it ought not to be left to hardy individuals to put their savings and homes at risk by suing. The primary responsibility should rest upon local public authorities which possess the means and the statutory powers to bring alleged harassers, however impersonal and powerful, before the local justices.

[Bookworm]

At this point, my full and final reply would be on the lines of: "come on if you think you're strong enough. Sue me if you dare. Otherwise, go forth and multiply and stop wasting mine and yours time". Or simply ignore them. That's what I do. Cor, doesn't half annoy them that.

[myusername]

Link to the

debt collector

library of letters.

 

http://www.consumeractiongroup.co.uk...ebt-collectors

 

If you have advised them before and they have ignored you, there is a letter towards the bottom of the library list, which you may choose to use.

 

Will be something new for them to ignore

[Bazooka Boo]

I would complain to the CRA's for allowing such a disreputable company to search your files without your permission so many times aswell, tell them you are seeking legal advice.

[myusername]

Edited this letters sections and will send to Hamptons Letter to DCA persistant after statute barred

[myusername]

I am getting fed up with DCA's simply ignoring peoples letters, they claim that in February 2006 that I made a payment of £1.00 towards the account.

 

Back in February 2006 a letter was sent to them requesting a copy of the credit agreement and a £1 Postal Order was enclosed to cover the statutory charge, So now 4 years down the line they are deciding that this letter even with "I do not acknowledge any debt to you or any other company or organisation that you claim to represent" is my acknowledgement of the debt.

 

I need some help on how to get a copy of this so called letter they claim to have on file stating I accept the debt is mine.

 

Will it be best to ask them to prove I have acknowledged the debt.

 

Todays letter recieved

 

 

Letter Text Sent 3rd Feb 2006

 

[unclebulgaria67]

Just send them a copy of your 2006 letter, confirming what the £1 was for. Tell them that if they continue to make false insertions, that you will report this to the OFT, to assist them with their research into looking at Lowells fitness to hold a licence.

[Bazooka Boo]

Send Sam Barnard a Letter Before Action, and tell her in no uncertain terms that if they fail to supply you with the CCA request, of which you have paid the statutory fee of £1 for, AND they do not return your postal order, you will report the matter to the Police for theft, and fraud by false representation,

quote the specific part of the fraud act,

2Fraud by false representation E+W+N.I.

 

(1)A person is in breach of this section if he—

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation—

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if—

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

S2, they are attempting to make a monetary gain from you, in light of use the £1 PO for the CCA as a means to keep the debt alive, you should also note on the letter that you will have nothing further to do with a company that acts outside of the law, that you have made a complaint to the OFT & TS for investigation and that as you will not deal with them at all in the future including their numerous trading styles, they should pass this account back to the OC immediately, OR if they have bought the debt including the rights under the law of property act, they should stop all collection activity until the matter has been fully investigated by the OFT TS and the Police.

 

People are far too soft when these DCA's attempt to exploit the debtors lack of knowledge and commit fraud like this, if every one this happened too made the necessary complaints they would be reigned in a lot sooner.

 

http://www.consumerdirect.gov.uk/contact Give them a ring and tell them what lowlifes have done, and say that you want this to be fully investigated and not added to the pile, advise them that you are looking at making a formal complaint to your local Police also regarding the matter of fraud, see if they agree or not.

[myusername]

Bazooka Boo - Would you be able to help write a letter to them in regards to this.

[myusername]

This is what I have come up with so far

For the purposes of clarity and the avoidance of doubt, please take careful note of the following:

 

This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

As you are more than aware the letter sent to you dated 3rd February 2006 was a request under the CCA and the £1 was the statutory fee as required by law.

 

It is very strange that you never replied to that letter but have waited 4 years to try and use this to your advantage i.e. fraudulently trying to obtain a monetary gain from me, in light of use the £1 PO for the CCA as a means to keep the debt alive,

 

2 Fraud by false representation

 

(1)A person is in breach of this section if he—

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation—

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if—

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

I will have nothing further to do with a company that acts outside of the law I have already made a complaint to the OFT & TS for investigation and I am not willing not deal with yourselves at all in the future including under any other trading name.

 

Lowell should now pass this account back to the OC immediately, or if they have bought the debt including the rights under the law of property act, they should stop all collection activity until the matter has been fully investigated by the OFT TS and the Police.

I hope this letter makes my position COMPLETELY clear

[Bazooka Boo]

I can do, will be better able to advise you during the week mind, they can wait, well they will wait!

[reallymadwoman]

Make sure any reference to a debt is to an ALLEGED debt.

[sam614]

edit your name from post 33

[myusername]

Duplicated

[myusername]

Have edited post 33 images, why can't you edit posts on here.

 

Bazooka Boo tried to pm you with a new revised letter but seems you dont accept them

[Bazooka Boo]

Best to keep everything in the open so it gets as much attention and advice as possible, I will be back on later hopefully with a head that is working......

[Bazooka Boo]

LETTER BEFORE ACTION

 

Ref Number.

Dear Sam Barnard,

I refer to the above account number which you insist is attributable to me.

 

I have no knowledge of any such debt, and in any case any debt I may have had, is Statute Barred under the limitations act, something which again, you choose to ignore.

In your letter dated the 28th August 2010, you incorrectly state that you received an 'attempted' payment of £1.00 on the 3rd February 2006.

My records show that this will have been the statutory fee required in request for a consumer credit agreement, of which the request clearly states what the enclosed payment is for.

Your statement that I "attempted" to make a payment is incorrect and a flagrant abuse of your position. As such I have informed the relevant agencies including, but not limited to, the Office of Fair Trading, Trading Standards, and the Finacial Ombudsman, to investigate your fraudulent claims.

 

For your failure to act lawfully and supply me with the CCA requested in February 2006, and failure to return the stautory fee, instead fraudulently using it against the alleged debt, I am gathering this evidence along with that you have previously sent, in order to take legal action against yourselves and make a formal complaint to the Police for offences committed under the Fraud Act 2006, namely S2.

 

For your repeated unauthorised and vexatious searches on my credit file, I have reported you to the Information Commisioners Office to investigate, this will also form part of my claim against yourselves for damages in relation to this matter.

 

I now require confirmation from yourself that by (DD/MM/YYY) you will have erased any entries you have made on my credit file, you will also return to me my statutory fee of £1.00 which you have fraudulently used in your attempt at keeping an alleged debt alive.

And finally, you will accept that this alleged debt is beyond the limitaion period and close your files accordingly.

I expect a response by the date mentioned above, if, you continue to pursue this matter I will instigate legal proceedings against yourselves and claim damages in relation to your conduct, time and expenses and stress caused in dealing with you in this matter.

I also reserve the right to make a formal complaint to the Police regarding the attempted fraud you allude to in your letter of the 28th August 2010.

 

I look forward to your prompt response and your confirmation that this will be the end of the matter after rectifying all of my concerns laid out above.

Sincerely.

(print name)

 

You 'could' send that, or edit it to suit, HOWEVER the threats of legal action should 'only' be made IF you intend to carry them out, as is the reporting them to the Police for fraud, you should definitely report this shower to the ICO/OFT/TS & FOS.

[sandalwood]

I'm sorry but this is too wordy and 'emotional' it also contradicts itself, the grammar and probably the spelling too need to be run through Word spell checker or similar.

 

If they receive this letter as it stands it will not be taken seriously, okay we know this is how they will treat it anyway, but don't give them a stick to beat you with.

[Bazooka Boo]

I'm sorry but this is too wordy and 'emotional' it also contradicts itself, the grammar and probably the spelling too need to be run through Word spell checker or similar.

If they receive this letter as it stands it will not be taken seriously, okay we know this is how they will treat it anyway, but don't give them a stick to beat you with.

 

OK please advise accordingly, how would you reply in respond in their feeble attempts to extort money from people?

If my poor grammar and spelling offend you, please rectify said sentences or paragraphs, the idea of this site is to assist and help those who are being threatened and harassed by those that know better, not for others/trolls/newbies to pick fault and attempt to ridicule those giving giving advise and assistance please stick to credit today where your uneducated comments will be better welcomed.

Edited September 7, 2010 by Bazooka Boo

[Bazooka Boo]

If they receive this letter as it stands it will not be taken seriously.

Only because they cannot read it!

[i'm sorry but this is too wordy and 'emotional'/QUOTE]

Please don't apologise, (EDIT) ...if you tell them to break the words down in to tri-agrammes and bi-agrammes they must just be able to work it out!..

Edited September 7, 2010 by freakyleaky
Personal insults removed

[sandalwood]

Look at your last two posts, they say nothing about me but a great deal about you.

 

I was only trying to help.

 

I tried to rewrite the letter in a coherent style but I gave up, it needed more time than I had.

 

I would not dream of criticising the way someone posts *here* asking for help, but a letter which you propose to send to someone who is unlawfully harassing you is a different matter. It needs to be well written and effective.

 

I have reported your two most recent posts to the mods as they do not help the OP and consist solely of a wildly inaccurate personal attack.

 

I realise you are probably under a lot of stress yourself.

Edited September 7, 2010 by sandalwood

[freakyleaky]

Please keep it civil or posts will be removed or edited.

[sandalwood]

Thank you.