letters to and from lowell on SB debts - **RESOLVED**

[timtjtjb]

hello, i wonder if someone could give me some advice please, i have some alleged debts from lowells, i have checked my experian credit report and have found no trace of these debts, so i assume they are statute barred. i sent the first letter on the 25 jan 2013 and received the letter from them on the 20 feb 2013 and wonder what my next plan of action should be? hope someone can help, thank you in anticipation. Tim

 

my letter to them

11 Jan 2013

To Red debt collection services

Enterprise House

1 Apex View

Leeds

LS119BH

Dear Sirs,

Notice and Demand

DO NOT IGNORE THIS NOTICE

Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

Regarding Referen. Notice is hereby given that your claims are insufficient

and are hereby refused for cause, without dishonour, due to the fact that you have presented no

evidence of your capacity as either:

1. a bona fide party to any contract in which I am also a party; or

2. an agent of a bona fide party to any contract in which I am also a party; or

3. a holder in due course of any debt to which I am obligated.

4. evidence of the validity of the original alleged contract.

Stories of companies falsely claiming money to which they are not entitled are rife. Absent any

evidence of capacity, I have no obligation to either confirm or deny any contractual relationship with

the alleged creditor mentioned in your correspondence, or yourselves. Accordingly, you are hereby

given notice that you are in a condition of estoppel with regard to your claims. Upon receipt of

reasonable evidence of sufficient capacity I will give this matter timely attention. I will deem the

following to be sufficient evidence:

A complete copy of any and all contracts which affect or affected your relationship with the alleged

principal, as they apply to the above-referenced matter. Said contracts must be certified "true,

correct, and complete" by affidavit signed under penalty of perjury, by a principal officer of your

company in a position to know all the details of your company's relationship with the alleged

principal, in his or her personal capacity. The affidavit must also either completely describe any

additional verbal, constructive, or implied contracts you have with the alleged principal affecting this

matter, or else certify that no such additional contracts exist or existed.

I hereby give you ten (10) days to reply to this notice from the date you receive this communicationwith a notice sent using recorded post and signed under full commercial liability and penalty of

perjury, assuring and promising me that all of the replies and details given to the above requests are

true, correct and complete and without deception, fraud or mischief. Your failure to provide all of

the aforementioned documentation in the manner described within ten (10) days from the date you

receive this communication constitutes your agreement to the following terms:

1. that you are or were a third party interloper;

2. that you have or had no legal standing;

3. that you have or had no first-hand knowledge of this matter;

4. that your claim is or was fraudulent;

5. that you will pursue this matter no further.

Further, you agree:

6. that you accept liability for any damages I suffer or suffered as a result of your actions;

7. that any negative remarks made to a credit reference agency will be removed and confirmation of

said removal sent to me within thirty days of this communication;

Please be advised that I am keeping a written record of all correspondence in this regard and

therefore do not consent to discuss this matter over the telephone. Any future communications

must be written, otherwise you are hereby given notice that they will be ignored without dishonour

on my part. Any telephone calls regarding this matter, whether by an actual person, or a

computerised system, or personal visits; will be deemed harassment and dealt with accordingly.

If you wish to provide evidence of your capacity as either Agent, or Holder in Due Course, Notice is

hereby given that in addition to the above, as Agent you would be subject to the same terms and

conditions as the original alleged contract. As Holder in Due Course you would be subject to the

same duties and obligations as the original party. In either case I will require evidence of the validity

of the original contract, as I have a reasonable expectation that you would do if you did not want to

run the risk of acting illegally. If you did not satisfy yourselves as to the validity of the original

contract when becoming either Agent or Holder in Due Course, it would show a profound failure in

your due diligence and duty of care. If you did so satisfy yourselves, the required information should

be readily to hand.

Inexperienced and vulnerable people are easily intimidated into making payments by what would

appear to be unsubstantiated threats. At this moment I am not in possession of any evidence that

supports such threats. That is precisely what I am requesting. If, in the event, no such evidence is

forthcoming, the offering of these threats passes from mere negligence into the realms of criminal

activity.

Any previous acknowledgement by me of any alleged debt is hereby withdrawn as having been

obtained under duress.

Please notice that the commonly accepted principles of good faith demand that if you have any

reasonable objections to this Notice and Demand, that you immediately state any and all such

objections and not harbour any hidden objections with which to surprise me later. Therefore it is my

reasonable expectation that should you not offer any specific objections to any part of this Noticeand Demand, sent to me by recorded delivery within ten (10) days from your receipt of same, that I

may presume your agreement to the above terms.

I will presume silence to mean acquiescence in all these matters.

Yours sincerely without ill-will, vexation or frivolity,

Timothy: of the Blake family

Without any admission of any liability whatsoever, and with all Natural, Inalienable Human Rights

reserved

 

there letter to me

Edit

16 February, 2013

L4DEF

Dear Sir,

Thank you for your recent correspondence in relation to this matter.

We can advise that there is no contract between Lowell Portfolio I Limited and

you. The agreement that effectively makes you liable for these debts is

between you and T-Mobile and Vodafone.

When you signed your contract with the above service providers you agreed to

their terms and conditions; an element of which stated that your account and

personal details may be passed on to debt collection agencies should the

terms and conditions not be adhered to.

You were sent a Notice of Assignment on 25 November 2010 and 14

September 2012 respectively, which, under Section 136 of the Law of Property

Act 1925 serves as sufficient evidence that we have purchased these accounts

and can now collect on all monies owed.

At the point of purchase of these debts Lowell Portfolio I Limited became the

data controller in respect of this matter replacing the original service provider

from whom the debts were purchased in accordance with the Data Protection

Act. Subsequently, as the legal owners of these debts Lowell Portfolio I

Limited retains the right to process your personal data.

Please be advised that we are under no obligation to provide the full

accounting, a sworn affidavit or hand signed invoice.

If you have a dispute with regards to these accounts, we ask that you please

provide us with full details. On receipt we will then investigate the accounts

further.

 

We have also noted your concerns and we apologise that you feel harassed by

our activities in pursuit of this outstanding balance.

We would advise you that this is certainly not our intention and that all of our

procedures comply with the regulations and codes of practice laid down for the

industry within which we operate our business.

We can confirm that we have removed your telephone number from our

systems and that all future contact will be in writing.

We trust that the above clarifies the situation and look forward to hearing from you

Lowell Reference Numbers

xxxx and xxxx

Please provide these numbers when

you contact us

Original company names:

Everything Everywhere Ltd

{formerly T-Mobile UK Ltd) (“TMobile”)

Vodafone

Original Account numbers

xxxx and xxxxx

you owe £xxxx and £xxxx

England and Wales under Company Reg No:

4857418. Consumer Credit Licence No: 544015.

Registered Office: Enterprise House, 1 Apex View.

Leeds LS11 9BH

csa* cnodk urvfcas motiadon dbs hqnyi I t i ta n jrcup§

Edited February 20, 2013 by ims21
Edited name and ref numbers

[unclebulgaria67]

Remove your personal info.

 

If the debts are statute barred, just sent a letter stating that.

[BRIGADIER2JCS]

Hi welcome to CAG.

 

I do wonder the about the reasons for your original letter, how ever the remedy for statute barrred is far mor straight forward.

First SB== No pay payment or unequivocal written acknowledgment of the debt in six clear years.

 

S:

 

To The Compliance Manager

Lowell Group.

 

 

Ref: use theirs.

 

 

Sir/Madam,

 

I refer to recent correspondence regarding the alleged debt for £ xxxx which you claim is owed by me, please note I do not acknowledge any debt to Lowell.

 

I have been prompted to review my credit history and have concluded that the alleged debt is statute barred and therefore I will not make any payment in regard to this debt.

 

Should Lowell wish to dispute the status of the alleged debt you are reminded that the onus of providing unequivocal proof that the debt falls entirely upon Lowell.

 

This is my final response.

 

My reservation is that you may have restarted the 6 year clock.

[DonkeyB]

Blimey!

[BRIGADIER2JCS]

Blimey!

 

Whoo me DB????

[DonkeyB]

No, the original post! Still trying to work out what it means...

[BRIGADIER2JCS]

No, the original post! Still trying to work out what it means...

 

DB you know my background and I was crosseyed and bewildered (more than usual that is)

[timtjtjb]

lol, sorry to cause all this confusion, i sent the first letter because to me it looked good!, with all the posh jargon in it, and i sent it before i started to really look into statute barred and all the other bits n bobs, thanks for your help and i will get the letter sent out today or tomorrow

[fletch70]

Just because it is not on your credit file does not mean it is statute barred. This is sadly a frequent assumption. As the Brigadier says 6 years with no payment or acknowledgement. As an example I have a cheque£15000 debt that has never been reported to a cra but as the last payment was made 12 months ago it is far from SB.

[ScarletPimpernel]

There is a whiff of FOTL about some of the first letter.

[spamheed]

I have heard the whole "third party interloper" arguement before, it is indeed part of the FOTL doctrine, far too intense for the likes of me

[renegadeimp]

Yep. Just another silly FOTL letter.

[Lee Vodafone Company Rep]

hello, i wonder if someone could give me some advice please, i have some alleged debts from lowells, i have checked my experian credit report and have found no trace of these debts, so i assume they are statute barred. i sent the first letter on the 25 jan 2013 and received the letter from them on the 20 feb 2013 and wonder what my next plan of action should be? hope someone can help, thank you in anticipation. Tim

 

The agreement that effectively makes you liable for these debts is

between you and T-Mobile and Vodafone.

 

Hi Tim,

 

Thanks for making me aware of this.

 

If you'd like me to get the Vodafone side of things looked into further could you email me with the relevant details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[timtjtjb]

what does FOTL mean? and would i be better off just sending a send me the original agreement letter and starting anew

[spamheed]

FOTL = Freeman/men of the Land a far fetched system where the law is irrelavent and taxes/debts and liabilities are all washed away by common law

[renegadeimp]

Except FOTL has no basis in reality and has already been shut down by multiple court cases and judges.

[timtjtjb]

so basically i fubar'd sending that first letter and should start the whole process again with the prove it letter?, lee from voda, i cant remember any details, numbers or anything (me old mind dont work like it used to!!lol )

[BRIGADIER2JCS]

:!:The all debts and money are imaginary or just paper castles:-)

[timtjtjb]

well the above letter from the brig is on its way, see what happens next

[Lee Vodafone Company Rep]

so basically i fubar'd sending that first letter and should start the whole process again with the prove it letter?, lee from voda, i cant remember any details, numbers or anything (me old mind dont work like it used to!!lol )

 

Hi Tim,

 

Thanks for coming back to me.

 

I'll be able to trace the account from the reference in Lowell's correspondence.

 

Once you're in touch with me we'll take things from there.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[timtjtjb]

sucess, they have written off both debts!! thank you to everyone who gave me help and advice, they have sent me another one, but i now know how to deal with it now. one again thank you all. Tim

[dx100uk]

yes but there were no debts in the first place

they were SB'd!!

 

ruddy speculative fleecers

 

dx

[timtjtjb]

And i like the way they make you think there doing you a favour by writing them off!! DRATSAB'S!! lol

[BRIGADIER2JCS]

At least Lowell has lost some more money, the more the better:madgrin:

[fletch70]

Did we ever establish that they were indeed SB. All I can see is that they are not on the credit file?

 

Doesn't matter , a win is a win