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Hi I had a phone call from them this morning saying I need to pay either the whole balance or installments, I agreed to installments they said I have to pay £150 a month which I told them I cannot afford! I told them how much I could pay as I am not working at the moment but they would not accept this! I am so worried just feel like crying! I dont know what to do as they say if I dont pay then they will be getting their litigation team involved in the account for further action!

 

This is causing me so much stress I am 7 months pregnant and cant afford this! I asked them to take my home number off their system and to call my mobile or write to me and they said this is not possible! I really dont know what I am going to do! can anybody suggest what I can do??

 

Thanks

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Think you had another thread about telephone calls? Please don't speak to them at all, say 'contact in writing only, goodbye' or that you have reported them for harassment. It is your phone and you can speak to whom you choose. Send this letter by recorded delivery

http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-. Contact trading standards by phoning 'Consumer Direct' and tell them the situation.

 

If not working, it is reasonable to make payments of as little as £1 per month and DCAs know this. Do not offer or pay anything until you have received more advice from Caggers on the debt itself and you will need to post some more info about it enable us to do this.


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Hi Zoe

 

Please dont worry.

 

Can you tell us a little bit about the debt, was it from a loan or credit card for example?

How much was it for (approximately) ?

When did you take it out?

Who was the original creditor?

When did you last pay anything off the debt?

 

The answer to these questions can help us to help you.

 

Dont speak to them on the phone, tell them "in writing only" and put the hand set down. You are within your rights to demand all correspondance in writing.

 

When they speak to you on the phone you have no record of what they have said and they are just bullying you into doing what they want. If it is all written down they will be a bit more careful of how they word things, and you will have a record of it. It will be easier for you to work out who said what and when.

 

They always threaten getting the litigation team involved and it usually just empty threats to scare you into making payments you can afford.

 

The worst that can happen is that they take you to court and the judge then makes you pay them a sum you can afford every week or month. Dont worry about that now tho because that is a long way off yet and if you answer those questions we can help you.

 

Please dont get worked up about this, it really isnt worth it!

 

Monx


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Just to add - Print name only on letters.


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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what is the debt for ??? have you considered cca request ??? NEVER TALK to these losers on the phone!!!!!! they love nothing better than coercing and bullying you into demands that are totally unreasonable. next time they call just say in writing only and put the phone down. it is important that you keep all letters safe for future reference, and all letters you send should be via recorded delivery. Don't panic about the leeds lowlifes,they are nothing but pondlife!!! i too have issues with this lot they are now currently been investigated by the OFT on my behalf. they try every scare tactic there is. best policy is to stick to your guns and wait to see what case they have!!! i hope this helps !!! all they letter templates that you might need are in this link........

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

edit them to suit your own needs....... i am pretty sure that some one else will help you out with getting lowlifes off your back as there are quite a few people here who have major issues with them!!!!

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Hi thanks for the replies.

 

The debt is for 2 catalogue accounts in total for both is about £1300! I had the accounts last year and few months ago went to lowell, I paid them £15 as they wanted deposits on the phone! I agree to the debt as i got in this situation and honestly want to pay but at the terms I agree and I dont understand why they are not accepting I cannot afford it.

 

I am just so worried as dont want these phonecalls and bailiffs knocking at my door taking stuff away! they have set up payments with my debit card I used to pay the deposits of £15 last time and they are taking £150 out 17th september and said if this is not paid it will go to further action. how long does it take to the court process etc??

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whats annoying is that my partner has different DCA'S chasing him and he agrees to pay £20 a month or something and he has no problem with them they just say yes thats fine but with lowell they do not accept this?

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Cancel your Debit Card immediately - tell the bank you have lost it or something and get a replacement. This is appalling behaviour. We need to get the phonecalls stopped. No one can send baliffs without a court order and you are a long way from that.


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Zoe, my first advice is to get your card stopped and get a new one from the bank. Do not give them your new card details.

 

Only a court appointed baillif can come to your home, and this is only when you have had a court order against you and then failed to make any payments against the order,they are just scaring you. They can threaten you with court and bailiffs but they very rarely have the paperwork to take it to court.

 

You are not working so therefore they know that you are within your rights to offer something along the lines of a couple of pound a month. This is only what a Judge would make you pay should it go to court and they win!

 

cancel the payments, get your card stopped and get a new one from the bank.


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Thanks so much will get my card stopped etc. Feel alot better now. I did offer them £10 a month but this was not accepted, he was saying about it going to court and the judge will take money straight from my earnings etc even though i dont have any! :S Thanks for the advice will do this ASAP!

 

Thanks

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As above, there really is no need to get into a state, I know this is easier said than done, but honestly there is nothing they can do to you, but you can and should report them to OFT and Trading Standards online here:http://www.consumerdirect.gov.uk/contact

 

Next, you need to send them this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

As you say you only took out these account last year, I doubt if a CCA request would help. I will look up a suitable letter to include with the above letter and post it in a moment.


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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The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re Account No/Reference No:-

 

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because ... [your paragraph added here]

 

In view of our circumstances, would you please accept [no payment at present] [a token offer of £1.00 per

month] to be reviewed in six months. If interest or other charges are being added to the account, we would be

grateful if you would freeze these so our debt does not increase.

 

Should my circumstances improve we will contact you again.

 

We would be grateful if you would send a [paying-in book] [standing order form] to make it easier to pay you.

 

Thank you for your assistance. We look forward to hearing from you as soon as possible.

 

Yours faithfully

 

Mr A N Other


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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That just shows you what mensa members they are, you have already told them that you arent working and they threaten to have your earnings garnered!

 

Send them this letter:

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours sincerely


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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It is not for 'them' to decide how much you can pay.

 

In your circumstances a judge would only order £1 per month, and Lowells are well aware of that. He cannot order any money to be taken from your Income, and, if they got a CCJ No bailffs will be calling unless you stop paying the ordered amount, so reverse peace gesture to them and YOU will tell THEM what YOU will do, take charge of the situation, and you will feel much better.


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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I've had similar problems with Lowell. You've been given very good advice here so far.

 

I'm unemployed as well and Lowell were making ridiculous demands for repayments and had my debit card details. My bank happily cancelled my card and sent me a new one within seven working days, which was pretty good. That stopped the payments coming out of my account.

As you say that you freely admit that you owe the money, I think your best bet is to send the letter that HS has posted here for you, but also include the wording from the "No doorstep visits" template too:

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

In Scotland change the last paragraph to :-

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

Yours faithfully,

Remember to print your name never sign it.

Above all, don't let them get to you. They will attempt to bully and intimidate as much as possible, but now you are in control and it's up to you to make an offer of a couple of pounds a month or whatever you believe you can afford. Send the offer in writing, set up a standing order with your bank when you're ready and leave it at that. That way, no one can say that you are not showing willing and there's no way they would take you to court. A judge would consider it a waste of the court's time!

Best of luck!

H.

 


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)

 

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