lowell letter gratten catalogue debt

[skegleg]

Received letter from Lowell saying they bought alleged debt from gratten catalogue in 2010.

 

Also received automated phone call saying if you are skegleg press 1 or if not press 2

of course I didn't press anything and hung up

 

Last payment on this was April 2008

cca'd oc and

they couldn't produce it because there wasn't one

 

Now Lowell have sent letter,

any ideas please ,

 

do I now CCA Lowell's

 

Thanks skegleg

[silverfox1961]

Hi

I think Lowell are trying it on.

 

Your choice whether to write to them but in my shoes, I would be writing and telling them that this account is in dispute with Gratton and has been since XX/XX/XX

[fkofilee]

I would, see what they throw up...

I've recently CCA'd Lowell and they decided to change the rules which I've kicked off at them

 

If you can kick them away then good

[Stigman]

Received letter from Lowell saying they bought alleged debt from gratten catalogue in 2010.

Last payment on this was April 2008

do I now CCA Lowell's

 

This only has two months to run until Statute Barred.

 

Wait until you receive a proper collection letter from Lowell's before acting, at the moment you have only been sent a Notice of Assignment (N.O.A.) informing you of a change of debt ownership.

 

Do not answer the phone to Lowell's if they ring, if you do pick up, refuse to go through any security questions, do not get dragged into any conversation or slanging match, just say "in writing only" and hang up.

 

Stigman

[skegleg]

Thanks for the replies very much appreciated

[BRIGADIER2JCS]

Personally I would advise checking credit reference files for this debt before sending any letters at all.

How exactly have Lowell change the rules re the CCA request, this could be very important!!

[fkofilee]

I would be on high alert../. ive just realised above the amount of time thats left on this.

Lowell like to get Stat Demand and CCJ Trigger Happy...

I would CCA Lowell and see what you can get from them!... IF they then say they DONT have the paperwork and then try to change it to 40 days then its not on...

 

These companies should be buying these with the relevant paperwork!! But they never do...

 

Brig is right... If Lowell change attempt to change the rules beyond the 12+2 days, then its ammo for YOU!

[skegleg]

Thanks brig and fko

I do know there is no CCA for this ,when I cca'd the oc they admitted defeat and wrote saying no more collections activity to be taken

 

Haven't heard anything since until this letter from lowell

[BRIGADIER2JCS]

Ok if this has happened e.g. Lowell has quoted 40 days for a CCA request I suggest the following letter, this is entirely a complaint about the CCA request do not mention the alleged debt.

 

 

Private & Confidential

Ms Sara de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

 

Date.....

Ref: use the one on their letters re CCA.

 

 

Dear Ms de Tute,

 

 

Formal Complaint/cc. OFT/FCA

 

 

I refer you to my lawful request for information made under sections 77/78 of the Consumer Credit Act 1974 (as amended) dated xxxxx.

 

 

 

 

Lowell's response stating that it will comply within 40 days is as you must be well aware totally wrong the provisions laid down in CCA 1974 allows 12 + 2 working days for compliance with the request.

Perhaps staff dealing with such matters as CCA request under CCA'74 and Subject Access Requests under DPA 1998 should be better trained on the provisions of the Acts.

 

 

The account to which this request is formally disputed

 

 

I require Lowell to comply with my lawful request within the statutory time limit all else is unacceptable.

 

 

Take note no part of this communication is a admission of liability to the Lowell group.

 

 

Recorded/signed for post. check receipt

[citizenB]

Is the amount being pursued above or below £750.00 ??

[skegleg]

Is the amount being pursued above or below £750.00 ??

 

Hi citizen

yes above 750

[BRIGADIER2JCS]

Lowell have a tendency to issue SDs as a means of intimidating debtors when they have no intention of following up on the BR process.

 

 

They are usually pretty quick to issue if they have enough data to try it on.

[citizenB]

As Brig has pointed out - Lowells are SD trigger happy, so if you own your own home then you might want to start gathering as much information as possible in order to facilitate a set aside

[fkofilee]

Lol i pointed it out first ^__^

 

As mentioned above, they may go for it with a SD. You need as much info as possible...IF they try for either a Judgement or Bankruptcy then we will help you where possible.

[skegleg]

No I don't own my own home it is rented through social landlord,

I am totally reliant on benefits due to being severely disable and have no assets at all

 

Thanks for the replies everyone very much appreciated

[silverfox1961]

Lowell will know that you don't own a property and now so do we so that means they are VERY unlikely to issue a SD as to do so is a precursor to bankruptcy and as you won't have the money to pay your creditors, they would be throwing good money after bad. If (in error) they did, we can help.

 

At this late stage in this debt, they are unlikely to be able to get a copy of your agreement and I would definitely NOT send another CCA request.

 

It is well known that some debt collectors will put the £1 fee to the debt thus restarting the SB clock. It can be challenged but is a long drawn out process.

 

Never acknowledge anything with Lowell.

[citizenB]

No I don't own my own home it is rented through social landlord,

I am totally reliant on benefits due to being severely disable and have no assets at all

 

Thanks for the replies everyone very much appreciated

 

Fair enough - it would be pointless for them to issue a Stat Demand in these circumstances, phew

[mikeymack2002]

This has been very similar to what Lowell's said to me recently, I recorded the call converted it to MP3 and put in a complaint to the OFT I suggest the same as they think they are above the rules and can do what they want, they can't, I have started my own thread named DCA's and CCA requests, nice reading.

 

 

The rules clearly state 12 days no more no less, the more complaints that go in to the OFT will show the OFT how much Lowell's are trying it on with debtors...

 

 

MM

 

Brig is right... If Lowell change attempt to change the rules beyond the 12+2 days, then its ammo for YOU!

[BRIGADIER2JCS]

Should Lowell attempt to issue a statutory demand in this case it would be irrefutable proof that they do so

purely as a method of intimidation with no prospect or intention of continuing the process to conclusion.

 

 

This would of considerable discomfort to Ms de Tute et al I think.

[fkofilee]

Brig... I think they still do issue them out even when people aren't homeowners

[BRIGADIER2JCS]

Brig... I think they still do issue them out even when people aren't homeowners

 

 

Yes they do issue even when they are aware there are no assets that are realisable in BR.

[skegleg]

once again thanks so much for the replies

 

 

so should I do as suggested before and sent prove it letter and see what happens

thanks again

[skegleg]

just an update to this, sorry not done it before but been I'll

 

anyways sent letter off in February ,

1 asking them to prove it

 

2 sending a photo copy of letter from gratten that I had forgotten about stating they would not be Pursuing the alleged debt

 

3 and also sending them a photo copy of a letter from themselves regarding another matter in which they stated that they would not not pursue the other matter or any other debt they might buy in the future.

 

these letters I forgot about

 

anyway to date not heard nothing back from them so about 4 months have gone by

 

hope everyone is well

[silverfox1961]

Hi,

You have made your case clear to these muppets so the ball is in their court now. They may give up, they may continue with this chase. Uou can never know what goes through their heads.

[skegleg]

Thank you for the reply silver fox

I think it should be statute barred now

 

Will update as and when