letter from the Tocatoo agency / Lowell

[Hasin]

Hi

 

I have received the similar sort of letter from the Tocatoo agency, stating I owe 30 pounds to Lowell Financial Ltd, they also mention they have called and written so many letters with respect to the above amount, which I have never received. This is the first letter I am getting from them. Please help me what should I do in this situation? They are treating me, if I don’t clear the amount in 14 days they will send a home visit agent.

 

Thanks

Hasi

[maroondevo52]

Hello and Welcome,

 

I've started a new thread for you.

 

Regards.

 

Scott.

[silverfox1961]

Hi,

You have a couple of choices.

 

1 ignore them. What are they going to do for £30

 

2 Send a 'prove it' letter (this is in the library) by recorded delivery

 

Either way, don't worry about their non-existent field agent

[Tingy]

I'd send them a prove it letter 2nd class, but with proof of postage:

 

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 Consumer Protection from Unfair Trading Regulations 2008 (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 would also remind you, that I/we are aware of the 'MALG' Guidance/Code that you should comply with.

 

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. I think 14 days is a fair period to allow you to give a considered response.

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

[Hotmamma2babes]

Hi, regarding the o/s £30......Yes, if they contact you again tell them that until you receive a proof of debt letter, then they have no right in contacting you and until such letter is recieved and the debt proved then they are in breach of the debt collection guidelines.As mentioned in the following paragraph found on the link mentioned! Because i have just read this:-"Yes Lowell are in breach of OFT debt collection guidelines, by not sending proof of the debt with the letter demanding payment. You should have had a letter sent to confirming that NatWest had assigned the debt and that a Debt Collection Agency was now dealing with it. Type in Lowell Financial ltd in google and pick a link and read this is were i got the paragraph from. Don't let them threaten you, you threaten them with harassement as i will if they ever darken my door again. I am ready for a fight with this (Edit) Has anyone else read the letter sent from Tocatto, is it me or is the gramaticlal phrases strange.....it's almost like a child has written it???? Stand tall my friend, and when they call you, stand up, this will give you the sense of being totally in control, even have a sentence ready for them......all the staff calling are thick as pooh ( experienced today)!! keep in touch.

Edited March 4, 2011 by maroondevo52
Removed unsuitable language

[Hotmamma2babes]

Hi again, just found this on the office of fair trading site "Unenforceable credit agreements

 

Borrowers and hirers are able to ask creditors to send them information about their credit agreements. If information is not provided within 12 working days, the debt becomes unenforceable until they get the information they asked for.

 

Sections 77, 78 and 79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account and hire agreements.

 

Every bit helps!!

 

regards Hotmamma2babes

[Hotmamma2babes]

Hi again...here's alittle more info:

 

 

In debt with Lowell Financial? Know your rights.

Lowell Financial can not force you to repay more than you can comfortably afford each month. OFT-Debt-Management-Guidance 2003 section 2.6F

If you make a reduced payment, Lowell Financial can not refuse it.

OFT Debt Management Guidance 2003 section 2.6F

Lowell Financial can not add charges as a penalty for non payment, other than to cover the real costs of collections activity. OFT Debt Management Guidance 2003 section 2.10D

If you enter a debt management plan with Debt Line, Lowell Financial should not bypass Debt Line and attempt to contact you directly. OFT Debt Management Guidance 2003 section 2.8D

 

found this on Debt-Line site

[dx100uk]

I have received a letter from the Tocatoo agency, stating I owe 30 pounds to Lowell Financial Ltd,

they also mention they have called and written so many letters with respect to the above amount, which I have never received.

This is the first letter I am getting from them.

Please help me what should I do in this situation?

They are threatening me, if I don’t clear the amount in 14 days they will send a home visit agent.

 

have you any history on this debt please?

 

sounds like a std phishing trip.........

 

dx

[merlin100]

Yet another sleazebag DCA saying "we have sent numerous letters/ you have failed to contact us despite repeated attempts".

Anyone ever wondered why they do this? Ok, its pretty safe to assume its done primarily to intimidate the "customer".

But how would this pan out should a case go to court? Surely they wouldnt repeat this to a Judge because a defendant with a little knowledge would ask for proof? All you would need to show are the letter(s) received from the DCA purporting "numerous attempts" and ask them to confirm this with their imaginary pile of "contact" letters? Also, if they cannot prove it, wouldnt it be prudent of the Defendant to then state to the court that he/she has never recieved any previous correspondence from the Claimant so how is he/she to know this debt belongs to them?

It would also go towards showing possible deception from the Claimant towards the debtor and Court.

 

So I would have thought that if a Claimant is willing to send paperwork like this - and provide a written trail, then surely they must be printing letters for their own files to back their claim up should it go before a Judge? Its common sense really.

 

But then we are discussing a DCA here arent we? Ok, forget everything I said...............

[Hotmamma2babes]

hi guy's, have been thinking about this 2-bit piece of **** company, and the next time they contact me i am going to tell the to prove this debt to a court of law, so sue me! this should make interesting reading, don't you agreed.....AND i live in scotland, so lets see just how much they know about the law north of the border????????

 

no doubt we'll speak again!!!

 

xx8)