Lowell

[clareyluxo]

Could anyone offer some advice on where I go next.....

 

My dispute with Lowell has been going on for some time - Lowell have been contacting me regarding a debt I claim is clear. In numerous letters I have asked them to provide copies of statements from the original creditor which proves I still owe money and also copies of the notice of Assignments as they claim the debt was sold to them on 30 Nov 2009.

 

I have now received a notice of assignment from them dated 19th May 2011 - which they claim under the law of property Act 1925 is sufficient enough to make the sale of debt effective and also a very poor quality print out from the original creditor which they are passing off as a statement and is definately not the copies of statements sent to me that I requested.

 

I find it hard to believe that they are able to provide a notice of assignment with a current date - just because I have requested one - and that this would be considered 'legal'.

 

Also they have still failed to provide me with the proof that I owe the money that they say I do in the form that I requested (copies of original statements from the creditor and also copies of letters that state the debt is being/has been passed to Lowell).

 

I do not know how to reply now so any help would be gratefully received......

 

Many thanks.

[maroondevo52]

Would sending a SAR to the Origional Creditor not tell you whether the debt is clear or not ?

[ims21]

Hi there

 

I've had dealings with these people and they are a but of a pain but nothing to worry about.

 

You have asked for proof of the debt which has not yet been received to your satisfaction. Sometimes you might find their "statements" are just knocked out on an old Sinclair. If you are not convinced they are true copies, don't accept them.

 

What I would do is send a formal cca request to Lowell together with a letter saying you are not satisfied wth the proof they have provided and that you want clearly legible documents.

 

Also I would SAR the original creditor (who is it by the way?)

 

You can then compare what you get from the SAR to what you get from the CCA request and that will answer a lot of questions and might even pose some more for Lowell to answer.

 

ims

[clareyluxo]

Thank you for your responses.

 

The original creditor is Shop Direct - I had received an email from them after I queried not receiving any statements, the email stated the account is clear - this was the basis of my dispute with Lowell. They claim it is for a different account number (even though no account number was mentioned on the email) and when queried they then said that Shop Direct would say it was clear as it had been sold to them.

 

I have received a CCA from them already but my query isn't that there was a debt just that Shop Direct have informed me it is clear.

 

Lowell asked me to pay £20 for copies of original documents to prove the debt but I wrote to them stating surely the responsibilty to prove the debt exists is Lowell's especially as I have an email from the original creditor which says the account is clear. Hence the 'made up' notice of assignment and 'strange' statement.

 

Is it right that the notice of assignment can have a current date?

[ims21]

Hi

 

So

 

1 You have an e-mail from Shop Direct saying the account is clear but with no account number.

 

2 You have Lowell chasing you for a different account number

 

3 You have a NoA dated recently for this different account number

 

4 You have Lowell trying to charge you £20 in order to have them to prove the alledged debt

 

5 You have a strange statement from Lowell

 

6 when you sent your CCA request you did not get back an agreement.

 

Sounds like Lowell could be on a phishing trip with a made up debt.

 

Only way to be sure is to CCA Lowell again and make sure you specify in bold that you want the agreement relevant to the account they are chasing you for. In addition SAR Shop Direct to get all the information they hold on you and your account with them. There's too many bits to this that don't add up.

 

ims

[harrassed senior]

When a debt is sold on, this reverts automatically to clear on the Original creditors records because as far as they are concerned, the debt is no longer their property so you owe them nothing.

 

If you have an entry on your Credit Files, then this will be taken over by the DCA as owners.

 

You have a Notice of Assignment, and you should receive annual Statements from the DCA (free of any charge).

 

Is the CCA you have enforceable?

[clareyluxo]

Thank you for your help on this.

 

How do I tell if the CCA is enforceable?

[ims21]

Thank you for your help on this.

 

How do I tell if the CCA is enforceable?

 

Hi

 

Did Lowell supply you with your agreement in response to your cca request? if they did, post it up here (MINUS ALL PERSONAL INFORMATION) and it can be checked.

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

Is the summary I posted in post #5 correct?

 

ims

Edited June 18, 2011 by ims21