Lowells, Red, Hamptons etc.

[manalive]

I am looking for some advice please. I have had trouble with the above company & have tried to tackle it on my own. They are demanding payment for just over £3000. I have sent them the statute barred letter & they have replied saying I made a payment in March 2005. What evidence do they need to produce to prove they can legally collect the debt. I don't want to pay them anything I don't have to as my wife was made redundant recently & we are struggling a bit & I believe from reading they will have paid a pitance for this debt. How can I find out where I stand, if I do owe this company then I need to make an arrangement to pay. I just want some clarification that this Lowell Group are entitled to what little money I have. The original debt is a credit card with Barclaycard taken out in 1997

This is a very informative site,

Thanks in advance,

[Bazooka Boo]

Is that the infamous 'attempted' payment?

Or do they actually have a figure in mind this time? £2 per chance? Or £1??

 

So you are aware of 'A' debt to sharklaycard (BC) Did BC ever inform you that they were passing it onto to this hilarious outfit? Did this hilarious outfit ever tell you they had been instructed by their 'clients' to collect?

 

Did BC send you a default notice (DN)

Followed by a termination letter?

 

Questions questions, but the more you divulge the better help you will receive, for a start Lowell, red & Hamptons are all the same hilarious muppets.

Did you make a payment in 2005?

I lurrrrrrvvvvvve Lowlifes they are top of my Christmas list this year, closely followed by Bryan 'bloody' Carter!

[manalive]

Hello again, I think unfortunately they may be right that I did pay a payment to Moorcroft as I have found a payment card. It was in cash at the front door.The last payment was february 05. This is no longer on my credit file. It was Lowells that put a default on me not Barclaycard the default has since dropped off. I don't remember getting any other paperwork about default etc but can't be sure. I usually keep most paperwork but don't recall getting anything like that

[harrassed senior]

OK this is very nearly SB - February 2011, so we just need to drag things out a bit.

 

You could send a CCA Request to see if they even have an enforceable agreement against which they can collect, or you could first off send the 'prove it' letter, followed, after they respond with the information that BB mentioned proving they have been sold/assigned this alleged debt, by the CCA Request. That should take you nicely into the New Year.

[sillygirl1]

You can write back and state that you cannot trace any payment made at this time and see what they come up with, remember you still need to put "I do not acknowledge any debt to you or your company". If their records match your payment state that the payment was made under duress and you had no knowledge of your legal rights to refuse at the time.

[manalive]

Thanks for all the replys. Could you please tell & show me which letter to send first please. Thanks very much

[Tingy]

Prove It first, then CCA

 

 

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

 

OR

 

 

 

CCA request letter.

 

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

 

 

Please amend 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

[PGH7447]

send 2nd class mail and drag it out, also if they give you a deadline wait until the last minute to send anything back

[Tingy]

After that send the SAR - this gives them 40 calendar days to comply with your request, usually they're fairly slow - depends if they realise how close you are to SB, but still drags things out. Hopefully along this track somewhere it can be put into dispute...... Happy days!

[manalive]

Thanks very much. I will send the prove it letter first and keep you posted on what happens. I am just a bit nervous as they are threatening a charging order and bankruptcy

[PGH7447]

they always do, its called threats and harrassment

[Tingy]

Thanks very much. I will send the prove it letter first and keep you posted on what happens. I am just a bit nervous as they are threatening a charging order and bankruptcy

 

Empty words, but the words that scare people so much they can make a living out of saying them! Ignore them!