Lowells / Red

[tinks79]

Hi Guys,

 

After some advice after trawling the internet and confusing myself daft!

 

Lowells /Red have been contacting me via text, phone and letter since the end of September, telling me they are the owners of a debt i have for £774 from Park Direct.

 

I do not remember having an account with Park Direct, although there is a possiblity i did and that it is from 5-8 years ago, as i got myself into some debt after losing my job. But i thought i had sorted out all my debts from this era, and as such am getting worried that i have a debt i have not paid.

 

I have spoken on the phone with Lowells and told them that i was unwilling to confirm anything other than my name and address and that i was not accepting that the debt was mine, at which point their caller told me they were terminating the conversation as they were unsure who the were talking to!

 

I have today (24th Novemeber) had another letter from Red, dated 31st October, saying if i do not repsond within 7 days (!!!!!) i risk legal action being taken against me.

 

I am in need of advise on which letters i send to Lowell /Red, i know i can send one asking for documetation proving the debt is mine, but that is all i know.

 

Can anyone help me with what my next step is and how to go about it, i would be gratefull.

 

Also this debt does not show on my credit expert file, should it if i owe the money?

[dx100uk]

its prob for an old private parking ticket

which have no legal standing anyhow

 

ignore them

 

dx

[padja]

first of all Lowells, Red (& Hamptons) are all the same company. I think you may have got the answer unwittingly from the phone conversation. They have probably bought the debt and realise its statute barred (if your dates correct). You could send the prove it letter (making sure you dont sign the letter with signature always print it) and see what happens I suspect very little, as for the 7 days to respond I've got about 10 of those. I wouldn't worry about it DCA's love sending threatening letters out near xmas its their homage to Scrooge. The other course of action is the stop phoning me letter, so this helps set up a paper trail if they do carry on. My thoughts are its a phishing trip to see if you bite so they can get some cash out of another poor soul. And stay off the phone to them only communicate in writing. I think after the prove it and stop phoning me letters they will crawl back into the woodwork but just check your Credit File in case they have put anything on it.

[tinks79]

Padja,

 

I am unsure if the debt (if it's mine) is statute barred, so is all i need to do for the time being is send a letter asking them to prove the debts mine? Are there any templates about, or is it a simple, i am not acknowledging the debt as mine and therefore i would like you to prove it is, letter?

Just checked my credit expert file again, they did an unrecorded search middle of September, but the Park Direct debt is not on there and nothing else from Lowells, Red either

[247orbital]

For now I suggest just holding off on the SB status, make them prove they have a legitimate right to collect. If your dates a wrong and you play the SB card it could reset the clock on its status.

[tinks79]

Thanks 247, i'll get the letter asking them to prove the debt is mine sent asap. So to get this right, i state that i am not accepting the debt as mine, i want a true copy of the original agreement and i do not sign the letter and print my name instead???

[Halibutt]

This is the template for the "Prove it" letter:

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxxxxxx

 

You have contacted me regarding the account with the above reference number, which you claim I owe.

 

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

 

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

 

I 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 look forward to your written response.

 

Yours faithfully

 

 

- Don't sign it, just print your name. I usually send these letters by recorded delivery (I like the belt and braces approach) but some will say you can simply obtain proof of posting at your post office - up to you.

 

Good luck

 

H. x

[citizenB]

TBH, I rather like to have proof that they have actually received a letter of this nature and would send it either Recorded or Special delivery

[tinks79]

Thanks Guys,

Letter has been sent, and another from Red has been delivered today saying they are Red debt collection services and Portfolio I Ltd has asked them to collect the money on their behalf!

Cannot wait to get this sorted as i am 99% certain that this is not my debt!

[citizenB]

I believe it is against OFT guidelines for them to imply they are working independantly of a company they are part of or T/as..

 

As Padja has already stated... they are from Lowells Portfolio down to their chums, Hampton Legal.. one and the same company..

[tinks79]

Hi Guys,

I have today received a reply from Lowell Portfolio I.

It is a standard letter telling me the original companys name, a reference number and the date of the last payment.... ( 09.01.06 ) ....but it does not give me a copy of the original credit agreement... should they be giving me this?

Also something i wanted to hightlight, the letter tells me the account relates to a Park Direct account, but then the letter also states that the original companys name is CL Finance Limited??

Do i have to send another letter asking for a copy of the original signed credit agreement?

 

Cheers

[cerberusalert]

PARK DIRECT UK LIMITED:

Registered no: 07437795

Registered office: Unit 7 Tomo Industrial Estate

Packet Boat Lane

Uxbridge

Middlesex UB8 2JP

 

Which seems to be a clamping/parking company. If so anything from them is a speculative invoice see; http://www.consumeractiongroup.co.uk/forum/showthread.php?309210-Private-Parking-Tickets-AKA-Speculative-Invoices(1-Viewing)-nbsp

[dx100uk]

i was more thinking of the old park direct xmas hamper saving lot

 

i think they were funded by CL finance?

but anyhow

 

this is soo obviously a phishing trip

that i'd just ignore them now

 

 

 

dx

[tinks79]

Cheers for the reply,

 

The debt in quesion is for £774 so i doubt it is a parking fine... never had a parking fine, and never been clamped. So i assume that Park Direct is loan company? I do not recall ever having a loan with these so the next step is a CCA letter me thinks.

Just found a profile with templates attached so will copy and paste one of those!

I have an uncommon name, and lived at this address at the time of when the debt was allegedly last paid, but have no recollection of ever having this debt??!!

[dx100uk]

http://www.parkgroup.co.uk/Park%20Christmas%20Savings%20%20Club.aspx

 

this lot

 

dx

[cerberusalert]

i was more thinking of the old park direct xmas hamper saving lot

That wasn't a credit a/c tho' was it? IIRC peeps had to pay weekly into a didlum scheme.... diddle 'em being the operative words.

[tinks79]

Hi,

 

I have sent the CCA letter off, but today had a letter from Hamptons!!!... dated 14th November stating Red Debt collection Services have asked them to review my account and recover the debt.

This is becoming laughable.... i firstly sent a letter asking them to prove the debt was mine, and got a letter back giving me a reference number and the name of a company, and saying that they trust this now satisfies my query and to ring to arrange payment!

I have now had a letter off every section of this company and if i had not looked them up on this website i think i would be in a mess right now attemting to pay a debt that i am sure is not mine, right on top of christmas.

One question however.... if they cannot supply me with any of the information i have requested in the CCA letter, does this mean the case is closed, or do i have to go down another avenue with them?

Cheers

[dx100uk]

yep

 

its a private parking ticket speculative invoice

 

totally ignore them

 

typically they do railway station car parks

 

litlle darlings

 

they'll be no cca not applicable

[tinks79]

I've looked up Park Direct and CL Finance, nothing indicates this could be to do with a parking fine? Thet are a hamper / personal loan company and CL Finance were their backers??

Never had a parking fine in my life, and never had any dealings with Park... can't wait to get this put to bed and stop sending letters out only to get stupid replys back from Red/ Lowell/ Hamptons!

[cat10]

My experience with this crowd is that they will keep sending letters for a few months until the debt is SB which is very near. If you last made a payment in Jan 2006 the default would be sent February/March.Just sit tight and don't worry they will soon move onto the next person.

[padja]

I'm with Cat10 just sit tight and ignore they wont be going near any court room, Hamptons on it now give it 3 weeks and Lowells will write again with 'generous' offer then all quiet for 6 weeks then maybe Red again as a final attempt and then it will be statute barred so ignore and raise a glass to the numpties of Lowell/Red/Hamptons and wish them a less prosperous new year

[42man]

Edit this below to suit and send it recorded delivery, before you know it you could be in receipt of a statutory demand from them.....

 

LETTER BEFORE ACTION

 

Dear Sir / Madam.

 

It is with great concern I write with regard to your company's behaviour. Over the last (x) weeks your company and others within your group have written to me with various threats.

 

I can categorically state that I have NEVER used or had any kind of account with (name of bank), I am now of the opinion that this is now pure harrassment and in direct breach of CPUTR2008, The OFT's Guidance On debt collection, your own associations code of conduct and harrassment laws. I'm sure I have no need to remind you of the recent case of Ferguson vs British Gas

 

What I require.

 

An apology from the Managing Director of your company in light of the distress, embarrassment and upset this has caused.

 

Your offical complaints procedures

 

Confirmation that you will NOT call me again.

 

Instant removal of any adverse information placed on my credit file - this will be checked within 14 days - If it is not removed, I will commence court proceedings with no further notice.

 

If you do not respond with your official complaints procedure within 7 days, I will have no hesitation in informing Trading Standards, The Financial Ombudsman Service, The Office Of Fair Trading and my MP of your behaviour. And if I have to write to you again I will charge your company £20 taking time out to write again.

 

I trust this makes my position perfectly clear.

[tinks79]

Hi Guys,

 

Quick update.... i sent the CCA letter off on 8th Dec and got a reply dated 14th dec stating they will be in touch once they have a copy of my credit agreement.

Have heard nothing since.

Today through the post i get a letter from Hampton dated 28th Nov threatening court!!

Now my 12 days for them to prove it have lapsed, ( i excluded weekends and bank holidays into the time span) do i send another letter to say i trust the case is now closed as i have no credit agreement from them in my possession to prove the debt is mine??

Thanks again for all your help

[Space Cadet uk]

I'd just sit tight, statute barred status is only a matter of weeks in the future.

[tinks79]

Got the date wrong in a previous post... it will not be SB until oct 2012.

 

Will be sending a letter to them saying i will be expecting them to inform me of the account being left alone as it is non enforceable!