Lowell Portfolio Ltd (Littlewoods)

[jas1304]

Hi, not sure if this is the correct place to post, but.....

 

I had a debt with Littlewoods, just under £2k owing now.

 

For quite some time I paid them a reduced amount, without ever missing any payments. Then one day they asked for a review of my finances. I promptly sent this to them, as I have done several times before without any problem.

 

A short while later they wrote to me saying they had not received an agreed payment, even though I did carry on paying them whilst waiting for their response to my offer. This letter came with a £12 charge.

 

To cut a long story short after several letters I wrote to them, whilst each month they added between £12 and £24, they simply would not acknowledge me whatsoever. The reason they gave for adding these charges was because they were "Working hard" to contact me and try to set up a further payment arrangement - even though I had written several letters, which it was them ignoring me!

 

After a while, the almost £400 I had paid they had added around £220 in charges, making the £400 I paid effectively halved. I then stopped writing to them and stopped paying them, what was the point?

 

Anyway, they have now sold the debt to Lowell portfolio. They wrote to me with quite a strong letter, with the normal threats of Debt Collectors calling to me if I didn't pay up and bailiffs etc. I wrote to them saying I am not going to pay this debt [because of the hassle and charges I described above] and telling them to get a CCJ so I could negotiate a monthly payment with the court without the worry of further charges and interest being added when they felt like making a quick buck out of me as Littlewoods did.

 

They wrote back after some time saying they had talked to Littlewoods and they said the charges were fair and reasonable and I must pay now or else. So I wrote a second letter, referring to my first letter and saying take me to court. I also mentioned (wrongly maybe) that I suffered from clinical depression and they should take it to court sooner rather than later because of the stress.

 

Now they have written to me demanding I get a Dr's letter proving my claim of depression. Whilst this shouldn't be too much of a problem, apart from whatever cost the Dr will charge me for the letter, I have this gut feeling that they have no right to even ask me for this kind of personal letter. I mean, of what benefit is it going to be that I prove to this company I have depression? Either way they want me to pay, and I am not going to do that until I have a CCJ. I am not going to risk these people doing to me what Littlewoods did. Maybe I'm being stupid stubborn ass but the hell this debt has caused me and the fact they added hundreds in charges because I apparently didn't communicate with them - well it's a matter of principle as far as I'm concerned.

 

Sorry for this long post, but just to recap, my main concern is should I send them this Dr's letter or just write to them telling them to hurry up with court? I really don't like the way they are dealing with this.

 

Any advice is greatly appreciated and I will keep an open mind from the more experienced advisor's here.

 

Thanks.

 

Jas.

[Guest Cartaphilus]

Either way they want me to pay, and I am not going to do that until I have a CCJ.

Firstly, hi ... Not quite sure why you have told them you have depression.

 

I also mentioned (wrongly maybe) that I suffered from clinical depression and they should take it to court sooner rather than later because of the stress.

But you are quite correct, in that they can't ask you for this.

 

Your best bet here would be to request a copy of your credit agreement from them. Alternatively, you could make £1 token payments. I would say some DCAs like to scare people ...

 

Maybe I'm being stupid stubborn ass but the hell this debt has caused me and the fact they added hundreds in charges because I apparently didn't communicate with them - well it's a matter of principle as far as I'm concerned.

Another alternative is to try and claim those back. The rest of your situation, I'll let the more experiened people here give suggestions. But what they have told you about getting letters from your GP is hogwash.

 

One other useful piece of information to get you started is to give a timeline on how long you've been dealing with the DCA, what year if you can remember the agreement is from. Lastly, don't speak, don't write to them until you get more advice from here.

 

Sorry for this long post, but just to recap, my main concern is should I send them this Dr's letter or just write to them telling them to hurry up with court? I really don't like the way they are dealing with this.

No. Don't send them anything like that. They aren't entitled to it. They will kid you you have to.

 

So put them out of your mind, allow the more experienced ones here to help you, read their suggestions and have a read around the forum for some useful tips until someone better experienced can help. But the crux here, is no DCA has the legal right to medical history's or any letters they say you have to send them. I hope this clears that up for you.

 

They wrote to me with quite a strong letter, with the normal threats of

debt collectors

calling to me if I didn't pay up and bailiffs etc.

Without a court order, they can't send bailifs to your home.

Either way they want me to pay, and I am not going to do that until I have a CCJ.

 

Why, if I may ask? There are other things, as I touched on briefly above, that can be done in your situation before any of that may become necessary.

 

BTW, Lowells can't add charges to your account the same way Littlewoods have as far as I know.

 

Anyway, they have now sold the debt to Lowell portfolio.

 

So, they've confirmed that in writing to you?

Edited November 4, 2010 by Cartaphilus

[dx100uk]

Hi, not sure if this is the correct place to post, but.....

 

I had a debt with Littlewoods, just under £2k owing now.

 

For quite some time I paid them a reduced amount, without ever missing any payments. Then one day they asked for a review of my finances. I promptly sent this to them, as I have done several times before without any problem.

 

no creditor or DCA has any right to see your pers financial details, only a judge ca order that

A short while later they wrote to me saying they had not received an agreed payment, even though I did carry on paying them whilst waiting for their response to my offer. This letter came with a £12 charge.

 

To cut a long story short after several letters I wrote to them, whilst each month they added between £12 and £24, they simply would not acknowledge me whatsoever. The reason they gave for adding these charges was because they were "Working hard" to contact me and try to set up a further payment arrangement - even though I had written several letters, which it was them ignoring me!

 

reclaim all these unlawful charges + intererst at THEIR rate

 

 

After a while, the almost £400 I had paid they had added around £220 in charges, making the £400 I paid effectively halved. I then stopped writing to them and stopped paying them, what was the point?

 

Anyway, they have now sold the debt to Lowell portfolio.

 

good ... utter muppets

 

They wrote to me with quite a strong letter, with the normal threats of Debt Collectors calling to me if I didn't pay up and bailiffs etc. I wrote to them saying I am not going to pay this debt [because of the hassle and charges I described above] and telling them to get a CCJ so I could negotiate a monthly payment with the court without the worry of further charges and interest being added when they felt like making a quick buck out of me as Littlewoods did.

 

They wrote back after some time saying they had talked to Littlewoods and they said the charges were fair and reasonable and I must pay now or else. So I wrote a second letter, referring to my first letter and saying take me to court. I also mentioned (wrongly maybe) that I suffered from clinical depression and they should take it to court sooner rather than later because of the stress.

 

Now they have written to me demanding I get a Dr's letter proving my claim of depression. Whilst this shouldn't be too much of a problem, apart from whatever cost the Dr will charge me for the letter, I have this gut feeling that they have no right to even ask me for this kind of personal letter. I mean, of what benefit is it going to be that I prove to this company I have depression? Either way they want me to pay, and I am not going to do that until I have a CCJ. I am not going to risk these people doing to me what Littlewoods did. Maybe I'm being stupid stubborn ass but the hell this debt has caused me and the fact they added hundreds in charges because I apparently didn't communicate with them - well it's a matter of principle as far as I'm concerned.

 

Sorry for this long post, but just to recap, my main concern is should I send them this Dr's letter or just write to them telling them to hurry up with court? I really don't like the way they are dealing with this.

 

Any advice is greatly appreciated and I will keep an open mind from the more experienced advisor's here.

 

Thanks.

 

Jas.

 

no you've done ok

 

pers i'd not reply to any of them anymore and dont pay anything.

 

fire off a CCA request to Lowlife as advised then sitback and wait 14 working days

 

i'd get reclaiming too.

 

dx

siteteam

[Guest Cartaphilus]

I was just printing one out for my own use, but this is the CCA to send by recorded delivery, print name, don't sign it, enclose the £1 postal order as indicated. Await 14 days (12 + 2), if they can't produce anything or, if they do, scan it, upload it to an image uphoster like imageshack or any that don't require registration then let someone have a look to see if it's enforceable.

 

Dear Sir/Madam

 

This letter is a formal request pursuant to s.77/78 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 will apply.

 

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).

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

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.

 

I look forward to hearing from you.

 

Yours faithfully

[42man]

What you must do is report them to the Office Of Fair Trading....

[jas1304]

Well my head is already spinning with all the advice, thanks very much for this advice.

 

I will send them the letter for the CCA thingy (What is this by the way? - sorry, not the brightest). The reason why I wanted this in court (rightly or wrongly) was dealing with this debt has been a nightmare, from charges to being completely ignored. All my other creditors have been pretty good, but these clowns .

 

Anyway I'll send of my letter and £1 postal order. What exactly though am I asking for and of what benefit will it be?

 

Thanks all.

[Halibutt]

Putting it simply, you're asking for proof that Lowell can provide a Consumer Credit Agreement (CCA). For a debt like yours to be legally chased through the court system, a valid CCA needs to be held. As part of your request, they should also send you a detailed statement of account - all the payments you've made from the beginning of the agreement and any/all charges and interest they (or Littlewoods) have added to the account, plus any default notices served, etc.

 

Once you have their response, you can scan and post it here, removing all identifiable info - bar codes, account numbers, names, signatures, etc. and people will be able to advise whether or not the documents sent are valid. Lowell often take months to provide their cut-and-paste documents - in the meantime, you don't need to have any contact with them and they are not allowed to chase you for the alleged debt. Much better than pushing for a CCJ from the outset (though I do understand your reasoning in this!)

 

As for Lowell demanding a Doctor's Certificate or similar, they are not entitled to one. Only a court/Judge can request that you provide such information.

 

As previously advised, Lowell are behaving incredibly badly in your case - a complaint to regulatory bodies should be made asap. I'd complain to my MP too, if I were you.

 

Best of luck.

 

H. x

[jas1304]

OK. Thanks for clearing that up for me, will send the CCA request straight away.

 

Thanks all

[babybear39]

Report idiots inc. to TS and the OFT via consumer direct for breaching OFT guidelines, also to the CSA for breaching their trade body code of practice. Copy in your MP if you like but if they're anything like mine it will only be filed...

[jas1304]

Hi all. I haven't posted for a while as I haven't heard anything yet for my CCA request( I think that's what you called it lol!) from Lowell. While I wait maybe I can pick your brains on another issue with these people.

 

I already have another account with Lowell (Other than the one this thread is about). I have been paying this account regularly as agreed with them. I checked my Credit File a short time ago and noticed that Lowell have placed 2 defaults on my file (since my argument with them referred to in this thread), 1 for each of my accounts. In the past creditors have sent me letters to say I have defaulted but in this case Lowell have not, in either case.

 

What I am wondering is are Lowell obliged to send me notice of the defaults? Or does it not matter?

 

Your advice is as always greatly appreciated.

 

Regards

 

Jas:smile:

[dx100uk]

they should not be adding any markers unless they own the debt

and you have recently failed to make any agreement with them.

 

no cca - no pay!!

 

fire off the failure to comply letter if they've taken more than 12+2working days since CCA

and stop payments to any debt without one.

 

dx

[Bazooka Boo]

Send them this if they have failed to supply you with your CCA within 12 'working' days of them receiving it:

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Make a formal complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

Lodge another complaint with the Credit Reference Agency(s) (CRA's) for allowing incorrect data to be placed on your Credit File (CRF) without your express permission OR knowledge and that they must remove the second entry for the same debt or legal action will be taken against them.

[jas1304]

they should not be adding any markers unless they own the debt

and you have recently failed to make any agreement with them.

 

no cca - no pay!!

 

fire off the failure to comply letter if they've taken more than 12+2working days since CCA

and stop payments to any debt without one.

 

dx

 

Thanks for all your replies

 

Just to help me understand this clearly.

 

I have two debts with Lowell, the one debt I have been paying for some time under a mutual agreement with them, but only recently did they put a default notice on my file which I knew nothing about. So as regards to this debt from reading here it seems they should not have put a default on my credit file without me knowing, am I with it so far? lol. Also if I read right they should not have defaulted me whilst in an agreed payment plan? Or does it not matter? Also I have not sent a CCA request for this debt, maybe I should or is it too late as I have an agreement with them?

 

The second debt with Lowell, to which I started this thread. Same as above they have defaulted me without me knowing. Second they only received the CCA request on December 23rd (signed for) even though I posted it nearly 2 weeks earlier! (Postal service huh? lol). So until they send me a copy of my credit agreement this means they can't chase me for the debt, right?

 

And to Bazooka Boo you wrote:-

 

"they must remove the second entry for the same debt or legal action will be taken against them. "

 

What I meant was there are two defaults registered one for each of the two separate debts, sorry for any confusion

 

And once again thanks for all your help, it may not seem like it but I am learning from you guys all the time lol.

[dx100uk]

Thanks for all your replies

 

Just to help me understand this clearly.

 

I have two debts with Lowell,

 

the one debt I have been paying for some time under a mutual agreement with them, but only recently did they put a default notice on my file which I knew nothing about. So as regards to this debt from reading here it seems they should not have put a default on my credit file without me knowing, am I with it so far? lol.

 

depends if they own the debt or are only collecting.

if you 'break' an agreement, they are entitled to put a marker on your cra

 

Also if I read right they should not have defaulted me whilst in an agreed payment plan?

 

correct

 

Or does it not matter?

 

Also I have not sent a CCA request for this debt, maybe I should or is it too late as I have an agreement with them?

 

no fire of a cca request - sounds like you're being fleeced here

 

 

The second debt with Lowell, to which I started this thread.

 

Same as above they have defaulted me without me knowing. Second they only received the CCA request on December 23rd (signed for) even though I posted it nearly 2 weeks earlier! (Postal service huh? lol). So until they send me a copy of my credit agreement this means they can't chase me for the debt, right?

 

that would be nice, but it dont happen that way

if you've been a cash cow, they'll pile on the pressure to keep you coughing up.!!!

 

And to Bazooka Boo you wrote:-

 

"they must remove the second entry for the same debt or legal action will be taken against them. "

 

What I meant was there are two defaults registered one for each of the two separate debts, sorry for any confusion

 

as said, they can 'only' default you IF you havsince broken a payment agreement with THEM.

 

 

And once again thanks for all your help, it may not seem like it but I am learning from you guys all the time lol.

 

above ALL else you need to READ SOME THREADS

 

the more you read, the stronger WE become.

 

use the advanced search top right

 

dx

[Tingy]

Sorry to have only just picked up on this thread, but I'll try to keep up to date now and see you've already had good advice. There are guidelines for these people about the way in which they deal with mental health issues (MALG guidelines). However, you only need to inform them you suffer - I think you were right to do this, then they are supposed to abide by the guidelines.

 

If you haven't yet done it you need to formally place the account in dispute to ensure they cannot pursue you (or shouldn't) until they've provided the relevant agreement, and also to cover yourself for not making payments to them as it is in dispute.

 

For now I'd leave it at that, as basically no agreement, no payment. I'm sure you could live with that. If however they do come up with an agreement let us know and then we'll really start to have some fun with them!

[jas1304]

above ALL else you need to READ SOME THREADS

 

the more you read, the stronger WE become.

 

use the advanced search top right

 

dx

 

Ok. Thanks for your replies. I will try and have a look around here when I work out how to navigate the forums lol. (See already learned how to multi-quote and add a reply lol)

 

 

Sorry to have only just picked up on this thread, but I'll try to keep up to date now and see you've already had good advice. There are guidelines for these people about the way in which they deal with mental health issues (MALG guidelines). However, you only need to inform them you suffer - I think you were right to do this, then they are supposed to abide by the guidelines.

 

If you haven't yet done it you need to formally place the account in dispute to ensure they cannot pursue you (or shouldn't) until they've provided the relevant agreement, and also to cover yourself for not making payments to them as it is in dispute.

 

For now I'd leave it at that, as basically no agreement, no payment. I'm sure you could live with that. If however they do come up with an agreement let us know and then we'll really start to have some fun with them!

 

 

At least for now I have a better idea and can start to give Lowell a small taste of their own medicine. I will be writing to let them know what i think of them slyly putting defaults on my credit file, especially as 1 of my accounts has had an unbroken agreement in force for some time - thats about to change.

 

As soon as I have any relevant info from Lowell I will post it here.

 

Thanks for the advice, it can be surprisingly comforting to have support and advice.

[Helenatroy]

A year ago, I noticed that Lowells had done a couple of searches on my credit file.

At that time I hadn't a clue what they were looking for.

 

However, a couple of weeks later after receiving a letter from Lowells it was apparent that they had purchased

my Littlewoods debt.

The appropriate entry on my credit file (including the default) was changed from Littlewoods to Lowells.

 

I cca'd Lowells, and after a few weeks they wrote to confirm that they were closing the file as Littlewoods

could not produce a cca.

 

I then wrote to Lowells asking them to remove their entry from my credit file.

After another couple of weeks they completely removed the Lowell entry from my credit file.

 

This was a result for me ; a couple of months earlier I had an entry from Littlewoods showing a default

on my credit file - and now there was no entry in respect of that particular debt whatsover )

[jas1304]

Wow. A result like that would be very nice, well done.

 

With my kind of luck though, well let's just say I'm not going to hold my breath lol.

[jas1304]

Hi. just a note to keep the thread up-to-date

 

I have had a reply from Lowell today (05/01/2011) regarding my request for my Credit Agreement (which they received on 23/12/2010).

 

They say they have requested a copy from my original lender (Littlewoods). They said they would do their best to send me the agreement within 12 working days but it depends on when Littlewoods can send it. If they can't send it to me on time because of the reasons already mentioned they will let me know.

 

So I will wait to see what happens.

[thrubolt]

They are bufoons, your letter reads same as my wifes word for word. They say as soon as the original lender can find it - Lowlifes reckon they purchased debt outright so shouldnt they have every single bit of paper work?? They will write to you again to be making it look like they are pandering to your needs. "News on your request blah blah they have let us know they are trying to retrieve it blah blah In event cant find - will write and let you know (yeah right matey) once you have seen your credit agreement we will ask you to pay your balance in full" To me that last sentence seems to be a threat which goes against guidelines. I am writing a FAIL letter in moment on behalf of other half.

[Tingy]

Hi. just a note to keep the thread up-to-date

 

I have had a reply from Lowell today (05/01/2011) regarding my request for my Credit Agreement (which they received on 23/12/2010).

 

They say they have requested a copy from my original lender (Littlewoods). They said they would do their best to send me the agreement within 12 working days but it depends on when Littlewoods can send it. If they can't send it to me on time because of the reasons already mentioned they will let me know.

 

So I will wait to see what happens.

 

Normal advice is after 12+2 working days send the Account in Dispute letter. Until they supply the original agreement they are then unable to enforce the debt and you can stop making payments.

[jas1304]

They are bufoons, your letter reads same as my wifes word for word. They say as soon as the original lender can find it - Lowlifes reckon they purchased debt outright so shouldnt they have every single bit of paper work?? They will write to you again to be making it look like they are pandering to your needs. "News on your request blah blah they have let us know they are trying to retrieve it blah blah In event cant find - will write and let you know (yeah right matey) once you have seen your credit agreement we will ask you to pay your balance in full" To me that last sentence seems to be a threat which goes against guidelines. I am writing a FAIL letter in moment on behalf of other half.

 

Thanks for letting me know. TBH I expected them to give a standard reply and at least now know what to expect "an update" again lol. Yes I agree if they purchased the debt then surely they would have the paperwork. And yes that last sentence definitely is a threat IMO. They are probably miffed you have questioned their authority. If they threaten me with the same it won't matter, as I said at the start of this thread - they ain't getting a penny until the court orders it - then I'll apply for an Administration Order so stuff em

[jas1304]

Normal advice is after 12+2 working days send the Account in Dispute letter. Until they supply the original agreement they are then unable to enforce the debt and you can stop making payments.

 

OK, thanks very much. I will send the account into dispute as soon as the 14 working days are up which I will probably take from the day they received my request on December 23rd - well 12 days I guess from there. Thanks for the advice, greatly appreciated.

[Bazooka Boo]

Don't forget it is 12 'Working' days from receipt of your request so you must allow for the bank holidays...

[jas1304]

Don't forget it is 12 'Working' days from receipt of your request so you must allow for the bank holidays...

 

Yes you are quite right. I will add the holiday period to the 12 days, so they received my request on December 23rd so being fair I will dispute the debt from January 14th (If I don't receive my Credit Agreement). I believe this is ample time if my math is correct, but I fail at maths too lol...

Edited January 6, 2011 by jas1304
Accuracy