help with red/lowell/hamptons debt

[Halibutt]

Thanks for the updated link CitizenB. It's a worrying (though unsurprising) admission in the last paragraph where the RBS/Natwest spokesperson says,

 

"Internal fraud is an industry-wide issue which we take very, very seriously."

 

For Hsemrm's benefit, Lowell have been reported here many times for allegedly "creatively producing" people's signatures. An industry-wide issue that alot of them seem to be getting away with.

[andie_303]

Are Lowell now so busy going through their bottom feeder debts that they are farming out to other companies but still retaining "ownership"?

 

My friend has been pursued by a number of DCA's on and off for almost 4 years relating to one 02 bill - which is ever increasing BTW (naughty naughty DCA's)

 

It started out with Lowell/Red/Hamptons and did the rounds of them each time they were asked to "prove it" they failed and it was disputed with a number of emails back and forth, Lowells acknowledged the address details used for my friend were incorrect (they are writing to their parents address) and started communicating via email - every now and again if they did send a written letter it was sent c/o the address so they are well aware the address is incorrect.

 

They disappeared for quite a long time, occasionally a one off letter appeared from Fedricksons and BCW but nothing more than that - all addressed c/o.

 

However Scotcall now seem to have the bit between their teeth - they write to the address Lowell acknowledged not being my friends (no longer c/o as the others had) and ring quite regularly despite being told that my friend does not live there. Despite this they continue to call as they know the address and phone number is connected to them.

 

Yesterday my friend happened to be at their parents and answered the phone which happened to be Scotcall. They claim they are working on behalf of their client "Lowell Financial" to recover a debt.

 

Now surely if Scotcall are working for Lowell does Lowell not have to have sent a NOA as "O2 did" when passing the alledged debt from o2 to Lowell in the first place? I say it in inverted commas as the original NOA was one of the Lowell mockups as made famous by Watchdog.

 

I know this is a moot point as the debt is in dispute and therefore Scotcall should be nowhere near it anyway but just trying to put all my weapons in one basket.

 

Thanks all

 

Andie xx

[Halibutt]

If Scotcall are collecting "on behalf of" then they don't need a NOA. If the debt had been sold to Scotcall, then they would. The point in that being that Lowell still claim the alleged debt is owed to them as the legal "owners" of the contested amount.

 

H. x

[andie_303]

If Scotcall are collecting "on behalf of" then they don't need a NOA. If the debt had been sold to Scotcall, then they would. The point in that being that Lowell still claim the alleged debt is owed to them as the legal "owners" of the contested amount.

 

H. x

 

Thanks.

 

I've put together a reply for them that basically says you've been given an account that Lowell know is in dispute which is a breach of OFT guidelines yadda yadda yadda.

 

Andie x

[Halibutt]

Not sure about that. Maybe others can advise.

My point of view is that, as Scotcall are acting as agents on behalf of Lowell, you should tell Lowell that the account is still in dispute. That is, if you really want to contact them at all...

[BRIGADIER2JCS]

You inform Scottcall that the account is in dispute

with Lowell and that you will not deal with them

and they should return the debt to their client.

You should have had a notice either from Lowell

or SC saying that SC have been assigned the debt

without this you really don't know if they have the

right to atempt to collect the debt.

[Halibutt]

You inform Scottcall that the account is in dispute

with Lowell and that you will not deal with them

and they should return the debt to their client.

 

Brigadier - if Scotcall don't own the debt and are acting as a collection agent for Lowell, is that necessary? Afterall, there's no assignment (not needed if debt hasn't been sold). I would say that Lowell need to prove legal entitlement to collect in the first place as this is a disputed account. Am I missing something here?

[BRIGADIER2JCS]

Lowell as debt purchase company have assigned the

debt for collection by SC the assignment to collect

or manage an account is required to give authority

for the assignee to collect, your argument could

be put forward if it was an inhouse collector such

as Red with Lowell.

The assignment is not total as in a sale, and SC

could not take court action but must be refered

back to the owner of the debt.

[Halibutt]

Thanks for clearing that up

[hsemrm]

Further to the matter, received a letter today (20th) dated the 16th, saying;

" You have not arranged a payment plan, despite our previous letter.

AS previously advised we have assessed your financial means and will look to the courts if necessary to ensure the debt is repaid.

We can now apply to court for a county court judgement and if we are granted a ccj and you do not repay we can then apply to have it enforced. We could then apply to;

various ways of legal theft etc etc"

 

I had no reply to email I sent last week, I had a missed call at work but didn't phone back.

 

How long does the court application proceedure take and is there anything I can do in the meantime?

 

I did send an email as soon as I read the letter saying that I haven't had the information requested in last week's email nor have I had a reply of any kind.

 

I'd rather not gain this ccj at this point, as not only am I incredibly close to the statute barred point, but also as I'm going to be moving house soon and don't want it to affect my ability to get a flat.

 

Any help would be greatly appreciated (sorry for the long post)

[brokebutnotbeatn]

blah, blah, blah. never email. only write. send recorded. Sent proof of debt letter. Make sure you head it 'i do not acknowledge any debt to you or any company you claim to represent'. you'll find it in the green library link up top. However, what does your CRA file say? if you have missed payments or defaults you won't be able to g ta mortgage. Shouldn't affect renting however as long as you have no missed priority debts (its a top level search for CCJ's). When was your last written acknowedgement or payment towards this debt?

[Bazooka Boo]

They won't go near a court, if this is as close to being SB then ask yourself, why the OC never took you to court within the first 18 months of you defaulting on the account?

 

Something is very wrong with it that's why, it is full of charges or fees and would never stand up to scrutiny in court.

 

You have a record of your email that they have chosen to ignore, so reciprocate their immature attitude and do the same, the ONLY time you need get worried is if they issue you with a SD, and then you will be able to submit a defence anyhow..

[Bazooka Boo]

blah, blah, blah. never email. only write. send recorded.

 

Not technically true, emails are a legal form of correspondence and can be proved in court, as for sending correspondence via recorded delivery, IMO that is an expensive waste of money, only the most important letters should be sent via that method, if they can get away with using walk sort and TNT, then I will always recommend sending correspondence 2nd class post and to obtain "Proof of posting" from the PO counter which is free, especially in light of the massive hike in sending letters from next month.

[brokebutnotbeatn]

yes Boo. i hang my head in shame But as for emails, they end up as junk and many legal documents do not 'allow' email so safest to write and get proof of delivery, FOC as you say! IMHO of course!

[hsemrm]

Wow, now I'm confused. I have copies of all emails sent.

It says on my Noddle cra thing that the date of default was 25/05/2007, which is almost 6 years. But if I'm right in saying the SB will be in effect from 25/06?

SD? Is that a summons date?

I'm really hoping that they don't go to court but IF they do, then does anyone know what the usual turnaround time is to get a date?

[BRIGADIER2JCS]

The default date is entirely different from the date for SB.

The SB date is the date when a payment was due and not

made and the no further payment was ever made so usually

1-6 months before the default date.

Courts are busier than they have been for many years so it

depends a lot on where you are as to how long the process

takes.

[hsemrm]

so I may be able to claim for SB now or in the very near future?

I'm really greatful for all this help, this kind of thing really goes over my head

[BRIGADIER2JCS]

so I may be able to claim for SB now or in the very near future?

I'm really greatful for all this help, this kind of thing really goes over my head

Yes I think so if you can establish the date of the last payment then it's easy to sort out.

You may need to make a Subject Access request to the original creditor to find out about

the last payment if you cant't remember it.

[hsemrm]

Ok, so if I get hold of 3 mobile, or would it be Moorcroft? And the SAR is 10 squids isn't it?

[BRIGADIER2JCS]

Ok, so if I get hold of 3 mobile, or would it be Moorcroft? And the SAR is 10 squids isn't it?

 

It would go to 3 mobile they should provide all the info on the service

contract and all payments.

Yes £10.

[ims21]

Wow, now I'm confused. I have copies of all emails sent.

It says on my Noddle cra thing that the date of default was 25/05/2007, which is almost 6 years. But if I'm right in saying the SB will be in effect from 25/06?

SD? Is that a summons date?

I'm really hoping that they don't go to court but IF they do, then does anyone know what the usual turnaround time is to get a date?

 

Erm....that is almost 5 years!

 

Are you in Scotland?

 

You need to establish when the last payment on the account was

 

ims

[hsemrm]

ohhhh, wow I'm special. you are correct ims21. I really can't count. so it's almost 6 years if I magicked up a year from somewhere. Thanks for that spot. Kind of changes things a bit.

I'm not, I'm in Wales.

[ims21]

ohhhh, wow I'm special. you are correct ims21. I really can't count. so it's almost 6 years if I magicked up a year from somewhere. Thanks for that spot. Kind of changes things a bit.

I'm not, I'm in Wales.

 

 

Seriously though, you're a way away from SB sadly, even if we allow a couple of months for the last payment to the account.

 

EDIT:

 

Oh and get that SAR done....I know its a tenner but you really need to know what is going on with this account

 

ims

[hsemrm]

Yeah, that's true. Maybe that's why they're being so pro active now.

Definitely going to have to get this proof from them soon then and get the SAR as well.

[citizenB]

The longer you leave requesting the data, the more chance you have of losing out on information that is important. A lot of companies either do, or say they do, destroy information on a 6 year rolling basis.