Harrassed by Lowell - Debt not mine

[foggy123]

Hello,

Well I have had a response from Lowell and after reading it carefully I feel they have second guessed the outcome. They contradict themselves and the rest is just untrue. I have kept all my dealings with all parties and crucially my correspondence with the Court. I hope that the FOS will take this case on .I have replied just to say I have passed my complaint to the FOS

[BRIGADIER2JCS]

Hi foggy,

Can you post up a redacted copy of the letter please?

[foggy123]

Do you mean Censor the letter by removing personal details? Yes I will do that.

[foggy123]

They state the Bankruptcy was Annulled and Dismissed by the Request of Lowell.

They dismiss statute barred because I acknowledge the debt with the first payment.

It is only my belief that the account is in my daughters name.

They have signed evidence from Capital One.

Lowell paid all costs as a gesture of goodwill.

I set up a repayment arrangement with Stephen Hunter which led to the annulment and dismissal at Lowells request.

They will start chasing the debt again after 28 days and trust I will not go to the FOS.

[foggy123]

Thank you for that info on "Gesture of Goodwill" so it means then, I take it, that they paid all costs because of the evidence, which proved they were in the wrong, and not because they were consumed with Goodwill. Stephen Hunter knew that and as I said before I had the feeling he would not take subsequent payment, although he had relevant Bank Details. I still have the e-mails of my discussions with him and everything was in place for Lowell to take payments and facilitate my account. They failed to act on this.

[unclebulgaria67]

If the FOS did take this complaint on, they would have access to all documents from Lowells and could see how they have come to the conclusions they have. If the FOS reject the complaint, it will be because a court has touched it and considered some of the matters which you are asking the FOS to look at.

 

Has your daughter made an SAR request to CapOne ? If not, it may be worth doing so and asking for all data for the account, particularly everything related to the start up of the account.

[foggy123]

If you are loath to recommend the FOS what are my best options of redress. Court has proved to be a minefield and large companies have the best Barristers something the little people cannot afford.

I have not heard yet whether the FOS are willing to take on this case.

[foggy123]

We have all Data for the account, letters from Capital One and her replies (when she first got into difficulties). Activity in her Bank Account to Capital One. The name of the person she was dealing with at Lowell once they took over the debt. Surely the FOS would also look at our evidence???? maybe not in this real world.

[unclebulgaria67]

The FOS are ok to deal with if the matter is straightforward, but anything complicated can take years. A court process would be quicker, but obviously with cost implications. You might wish to have a look into pro-bono lawyers or local legal advice centres. There are many newly qualified barristers/solicitors and retired barristers/solicitors who provide their time, purely out of public service duty and because they are interested in dealing with certain cases. The might just be interested in a case where an innocent third party was almost made bankrupt. Your local MP might be able to assist.

[unclebulgaria67]

We have all Data for the account, letters from Capital One and her replies (when she first got into difficulties). Activity in her Bank Account to Capital One. The name of the person she was dealing with at Lowell once they took over the debt. Surely the FOS would also look at our evidence???? maybe not in this real world.

 

So this totally confirms that it was your daughters account and there can be no question it was not her acount ?

[BRIGADIER2JCS]

Hi foggy yes suitably 'censor' the letter please.

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

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

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

.

dx

[foggy123]

Hi foggy yes suitably 'censor' the letter please.

 

Hello.

Well I have taken some free advice and it was interesting. On the Set Aside Legal Courts decision it says the reason for the Setting aside was on Evidence Produced in Court. It would appear that I no longer have to fight with Lowell on whose debt this is as it was decided in a Court of Law. The setting aside and dismissal was ruled on evidence submitted and not at the Lowell Group request as they have stated.

I was advised to contact them and advise them of the Setting Aside and Dismissal ruling and give them a figure of compensation which I would be willing to accept.This gives them a chance to settle before I take this further.I quoted £20,000 as advised.

All that I have to prove now is that I was treated unfairly and if the FOS and or a solicitor take this matter to a conclusion it would cost the Lowell Group Mega Bucks. Can this be correct? we will see because I do intend to fight to a conclusion once and for all.

Needless to say Lowell have not replied.

[unclebulgaria67]

Sound about right. You might find a Solicitor who is willing to take this to court for you at no financial risk to yourself, because they could earn a fair amount in fees in doing so.

[focus594]

What a disgusting state of affairs. My opinion of Lowell was already low before reading this thread. It beggars belief that a company, supposedly governed by OFT, can behave in such a despicable way. I hope you get every penny you sue them for Foggy.

[stockport6]

So is this your daughters acount or not?

 

I have been hounded by a number of DCA's for the last 7+ years as I have one of the most commom names in the country. One has even placed a default on my Credit File. I am trying to find evidence on this happening to someone else and what they did. I have great advice from memebers already about letter to send but wanted to find anyone who has actually taken these **** to court and won.

 

So was this account your daughters?

 

Thanks

[ericsbrother]

Yes, Stockport, his daughter has the same initail as he does hence Lowlife's insistence that he was the debtor. A cursory glance at the original agreement with Crapone would show this to be so but they had his address, realised he had assets so went after him in the most vicious and crooked manner possible.

It will take years but I sincerely hope foggy gets the result that would reaaly count, a big fine for Lowells and their public shaming. People like that hate nothing more than public scrutiny- just look at insects under a bright light and a magnifying glass and you get the idea.

These people know that you generally speaking these people know that the threat of unlimited costs causes the wronged poor to often give up and pay up. I must also say that the bias of judges in cases like this is not unique. I had it on one occasion where I was asked my occupation in an aggressive manner and when I replied retired the aggression continued. Only when I made it clear that I was a retired army officer, university lecturer and company director did the attitude to me change. Very much a differentiation between the officer class and the enlisted ranks with many of these. Judges who practised criminal law tend to have a better understanding of life in general but they are few and far between in these courts.You get it all the time in certain sports and hobbies as well, golf clubs v golfing societies, shooting at Bisley compared to shooting at smallbore ranges etc.

[foggy123]

Hello,

Sorry its been a while but I have been waiting for a response from the FOS. I have been liaising with Lowell if that is the right word, seeking compensation and above all clearing my name. They requested court documents, which I provided copies of, too Lowell and they clearly state after evidence read in Court that the Bankruptcy Order be set aside and dismissed.The outcome was according to Lowells this debt was still active for a further six years because I acknowledge the debt with the first and only payment they took but as a goodwill gesture they would cease chasing this debt. Yea right that would be until the next set of managers took over and the whole sorry saga would begin again.

I had already sent my case to the FOS and therefore told Lowell that I was continuing my complaint through the FOS.

Well they must be rubbing their hands with glee because the FOS say Lowell have stated this was about a case that had already been heard in Court knowing I am sure that the Ombudsman will not take that on. I made it clear that this was not about the Court case because that had finished but a new complaint about Bullying and Harassment for a debt that is not mine. They have chosen to believe Lowell. I have written asking them to explain how they came to this conclusion because they also say they have read correspondence between myself and Lowell well if they have they would know it was not about the Court case but the continued bullying and harassment. by Lowell. I will not stop here though and I will let it be known that the FOS are unwilling to help when it is blatantly obvious Lowells are breaking debt collecting law.I have asked the FOS to put in writing how they reached this decision and also to refer my case to an adjudicator or supply me with the name and I will do it myself. I am not expecting anything from them but i will have explored every avenue. I am not giving up I will fight on.

Thank you for listening I will keep you updated.