Being Hounded by Lowells - Help!!!!

[PJMCM]

this might take a while, but here goes....

 

I split with my ex late in 2012 – September or thereabouts She was a compulsive gambler and got us into all sorts of bother!!.

We sold the house and paid off debts etc....or so I thought.

 

A few months ago I started receiving letters from Lowells at my new address

(presumably they found me via the Electoral Roll or similar).

 

They were claiming payment for several different debts which they claimed I owed.

I thought at the time of us splitting that there may have been the odd debt which was missed

(my head wasn't in a great place at the time),

but nothing like what they were on about.

 

Details:

 

Vanquis Credit Card - £778.

I sent Lowells the usual CCA Letter and they have come back with an “electronically signed” agreement as I'd apparently applied for the card online. Along with that is a statement of account and the last transaction on this – other than their charges - is dated 1/12/2011 yet the default date on Experian is 31/8/2012???

 

Provident - £4,450

I sent Lowells the usual CCA Letter and they have come back with statements of accounts.

These are merely like Excel spreadsheets with balances, payments etc with my name & address on them.

 

They are not what I would consider legally-binding agreements under the CCA, and quite frankly,

are documents which I could have run up myself in next to no time.

 

The £4,450 is made up of several apparent individual loans with various start dates

and all are listed on Experian with my old address on them.

 

As stated I left that address late in 2012 not knowing about these debts

and therefore have made no payments to them since then.

Yet Lowells have the default date for all of them as 19/5/2014???

 

Creation Consumer Finance - £597

Again I sent Lowells the usual CCA Letter

they have come back with an account statement and what I would say is part of the CCA Agreement.

 

 

This is only one page and is signed by myself but it is a copy – not the original document.

What concerns me about this is that the original creditor sent this copy agreement to Lowells with my bank account details on it.

Obviously I would never have consented to this

 

 

I'm wondering if this contravenes the DPA at all.

Funnily enough, I cannot see this debt on Experian or on Noddle????

 

No idea what to do next.

I'm loathe to give Lowells a penny

– if I was dealing with the original creditors I'd enter into a plan of some kind.

I'm not in any position where I can make significant payments.

 

Help....?????

[renegadeimp]

With vanquis debt, the date of default can be months after the cause of action that caused the default to occur.

 

With provident, can you post up what they sent? Because it very much sounds non compliant, but lowell will swear blind it is.

 

With creation, again, post up the CCA reply.

 

Make sure you convert all cca replies into PDF and edit out ALL personal information

[citizenB]

So, is it looking like your ex set these accounts up in your name and without your knowledge ? I would say that it is the creditor who will need to prove that these were set up by you?

 

 

As for sending documents to Lowell from the original creditor - you/your ex will have agreed to the sharing of data with third parties when the loans/accounts were set up.

[maroondevo52]

Hi,

 

I'd be sending a SAR for each debt, this would let you know exactly when these accounts were opened what payments have been made, how much of the balance is made up in charges ect, it would also show you when the last payments on the accounts were made.

 

Looks like Provident and Vanquest are associated so one SAR would get you all account details for both accounts.

[dx100uk]

if you can prove you moved out before the take out dates of these debts

i'd be considering actionfraud or the police....

[PJMCM]

With vanquis debt, the date of default can be months after the cause of action that caused the default to occur.

 

With provident, can you post up what they sent? Because it very much sounds non compliant, but lowell will swear blind it is.

 

With creation, again, post up the CCA reply.

 

Make sure you convert all cca replies into PDF and edit out ALL personal information

 

Ta....it'll take me a few days to post up the docs. I'll do it ASAP.

 

So, is it looking like your ex set these accounts up in your name and without your knowledge ? I would say that it is the creditor who will need to prove that these were set up by you?

 

As for sending documents to Lowell from the original creditor - you/your ex will have agreed to the sharing of data with third parties when the loans/accounts were set up.

 

Maybe I wasn't clear - it's all still a bit confusing.

Don't think the ex set these up - I can now recall some of what is being alleged,

but not all and not all of the amounts being claimed.

 

I don't recall reading any clause/s in any agreements re sharing of data with 3rd parties.

I can perhaps understand the sharing of some data, like my name and address and the debt details,

but I find it hard to believe that they are allowed to share my bank details without my express permission.

 

Hi,

 

I'd be sending a SAR for each debt, this would let you know exactly when these accounts were opened what payments have been made, how much of the balance is made up in charges ect, it would also show you when the last payments on the accounts were made.

 

Looks like Provident and Vanquest are associated so one SAR would get you all account details for both accounts.

 

With the Prov and Vanquis letters, Lowells sent account statements.

I wouldn't question the start dates and I can see what payments etc have been made.

 

I would have thought that any default date would coincide approximately with the date of the last payment.

 

If this is correct, then the entries on Experian are wrong as the dates are way out....

 

if you can prove you moved out before the take out dates of these debts

i'd be considering actionfraud or the police....

 

The start dates were all prior to me moving out, so that's not the issue.

It's the default dates I'm having a problem with.

 

For example, lets assume the Provident debt is genuine.

I would not have made any payments or had any dealings with them since around August 2012,

yet the default date Lowell has posted on Experian is May 2014.

That can't be right, surely...????

[renegadeimp]

You need to SAR the Original Creditors and CCA lowells.

[dx100uk]

not sure what other sites you've been visiting too

but when a debt is sold

the debt buyer assumes all legal rights that the OC had.

so theres nowt wrong with then having all the details the OC had.

 

 

as for the defaulted dates.

ideally yes it should be about month 3 of missed payments

[PJMCM]

Think I'm screwed

 

Today I received CCA docs from Lowells in regard to the Provident debts. They look as if they might be genuine and actionable unfortunately. Maybe it's time to get professional help??

 

That said, I'd like opinion on the following please?

 

They've sent me all the CCA docs in envolopes emblazoned with their name in big letters "Lowell Financial". Could this be in breach of the following sections on the CONC guidelines?

 

CONC 7.9.7R01/04/2014

When contacting a customer:

 

(1) a firm must ensure that it does not act in a way likely to be publicly embarrassing to the customer; and

(2) a firm must take reasonable steps to ensure that third parties do not become aware that the customer is being pursued in respect of a debt

[Note: paragraph 3.7q of DCG].

 

CONC 7.9.8G01/04/2014

The reasonable steps required by CONC 7.9.7 R may, for example, require a firm to ensure that:

 

(1) post sent by the firm is properly addressed to the customer and marked “private and confidential” or an expression to the same effect;

(2) where the firm has a name which indicates its debt collection activities, its name is not shown so that third parties may see the name on the firm's communications.

 

The whole world knows that Lowell are debt collectors - shouldn't they be more discrete?

 

I'll post up all the stuff they sent in a day or two once I can get it all scanned etc.

 

Ta....

[AndyOrch]

Think I'm screwed

 

Today I received CCA docs from Lowells in regard to the Provident debts. They look as if they might be genuine and actionable unfortunately. Maybe it's time to get professional help??

 

That said, I'd like opinion on the following please?

 

They've sent me all the CCA docs in envolopes emblazoned with their name in big letters "Lowell Financial". Could this be in breach of the following sections on the CONC guidelines?

 

 

 

The whole world knows that Lowell are debt collectors - shouldn't they be more discrete?

 

I'll post up all the stuff they sent in a day or two once I can get it all scanned etc.

 

Ta....

 

 

Hardly the whole world...most posters here have never heard of them until they get either a letter or claim form.

[citizenB]

I think you are panicking unnecessarily - if you are confirming now that these debts are yours and nothing to do with a compulsive gambling, ex. You need to sit down and work out your budget sheet.

 

 

Once you know how much you can afford, you can either enter into a DMP via one of the non fee charging Debt management companies or come to an arrangement directly with Lowells.

 

 

It would appear that none of the debts are of statute barring age - you should check that the amounts being demanded are correct - are there any charges or PPI you can reclaim?

 

 

If you dont have any assets and the debts are under £20,000, then you might want to consider a Debt Relief Order.

[PJMCM]

Thanks - no panic, just concern obviously and a desire to find the best way forward.

 

I wasn't trying to imply that my ex had taken these debts out in my name,

just trying to inform of the situation at the time.

 

Yes, she was gambling compulsively

and yes, we were taking out payday loans

and all sorts to keep food on the table

- mostly in my name unfortunately.

So much so that I completely lost track.

 

I paid off a load when we sold the house but was obviously forgot about these..

still do if the truth be tolld; it was a very confusing time, to put it mildly.

 

The Vanquis debt is approaching SB date I think.

There may also be charges associated with that which I may be able to get written off. Perhaps someone can advise on that once I manage to get the docs posted up.

 

Was looking at a budget etc today. I'd be lucky if there's £30 left at the end of the month (if I send Lowells a copy of it they'd probably send me money out of sympathy............or maybe not, it's Lowells after all)

 

Was thinking of initially speaking to the team at nationaldebtline.org as they're a charity, and not looking to make money from other people's misfortune like some others.

 

Not sure about the Debt Relief Order - due to my job I have to be careful about how I resolve this or I could end up on the dole!!

 

Meant to say...

 

I requested the CCA docs from Lowells on 20/4/16

but it's taken them over six weeks to respond.

Is the 12+2 days thing I've seen on here a legal thing?

 

In other words, what would be the possible outcome if I wrote back

and told them to get lost as they'd taken to long to supply the requested info?

 

Also, at one time they offered to discount both the Vanquis and Provident debts by about 40%.

 

At the time though, I had my head firmly buried in the sand

, adopting the "if I just ignore this, it will go away" stance!!

[renegadeimp]

Please scan and post the CCA response you got from lowells. Lets see if it is actually legit.

 

The fact they are offering 40% discounts proves theres something not right with these debts. Lets find out what they are.

[dx100uk]

The fact that they missed 12+2 working days affectively means not a lot

 

And no don't write

Simply invites letter tennis

[PJMCM]

Sorry for the delay, but I've now attached the latest communication from Lowells re the alleged Provident debts,

 

along with the CCA docs they sent in response to my request.

 

Advice gratefully accepted.....

 

Similar comms re the other claims will follow as soon as I can get them scanned etc.

Edited July 18, 2016 by fkofilee
Attachments Nuked - Barcodes Showing

[dx100uk]

smacks of irresponsible lending to me.

and ofcourse you say you've had discount letters on these too?

[citizenB]

Are these all separate agreements? only it looks like more than one agreement has been entered to on the same dates !

[PJMCM]

smacks of irresponsible lending to me.

and ofcourse you say you've had discount letters on these too?

 

Yes, there were discount letters, but I didn't upload to keep the file size down. I'll upload these later if you think they're necessary.

 

Are these all separate agreements? only it looks like more than one agreement has been entered to on the same dates !

 

All separate agreements I'm afraid.

 

Discount letter attached. There was only one with the Provi stuff - thought there were two.

 

Should be 5 loans in total??? And yes, on most occasions - if not all - if I remember correctly part of the new loans was used to clear the balance/s on the previous loans.

 

Comms re alleged Vanquis debt attached...

.(I trust that this is edited/redacted properly - I can't see anything identifiable left behind)

 

Don't know what I can say about this.

Approved via internet in about 4 minutes using a hotmail address!!

 

Lowell offered discounts of 50% and 60% before I sent the CCA letter.

Lowell_Prov_Discount.pdf

Lowell_Vanquis.pdf

Lowell CCA return provident loans.pdf

[dx100uk]

That's a std carrot dangle letter

Had 100's of those on debts that thus went nowhere

Sent to get a response

 

Dont

 

So 3 loans

Are we confirmed here

That the previous loan was paid off before the new one

And that the new ones bal was never used to giveback or pay off to the agent the previous loan

 

I bet my last shilling when you got a new loan

You were told to hand over £xx payment at the same time.

 

On the top right of each agreement scan there is a different reference number, which I redacted. So although a few were issued on the same date, there are 5 in total.

 

 

oh dear two loans on each day

irresponsible lending smacks loud here

and int on int when you settled the previous loan with a new one

as I bet you got no interest rebate either!

[PJMCM]

the scans only shows 3 loans altho its 5 pages

2 are duplicates

 

On the top right of each agreement scan there is a different reference number, which I redacted. So although a few were issued on the same date, there are 5 in total.

 

And finally....communications re the alleged Creation Finance debt.

Again, I think everything identifiable has been obscured and I've protected the PDF

....jeez, too much to remember!!!

 

Lowell offered two discounts again of 40% and 60% before I requested the CCA.

Strange thing is that I can find no trace of this debt on either Experian or Noddle????

Lowell_Creation.pdf

[PJMCM]

No idea about interest rebates unfortunately.

 

Provident were pretty lax with loans if I remember right.

 

My ex had a pal who was friendly with their agent.

 

What happened was that the ex would call her pal and tell her how much was wanted.

 

The agent would appear maybe the next day with the cash and the agreement/s.

 

I don't recall any affordability checks being carried out.

 

Absolutely mental in hindsight, but those were desperate times, to say the least!

[dx100uk]

And finally....communications re the alleged Creation Finance debt. Again, I think everything identifiable has been obscured and I've protected the PDF....jeez, too much to remember!!!

 

Lowell offered two discounts again of 40% and 60% before I requested the CCA. Strange thing is that I can find no trace of this debt on either Experian or Noddle????

 

ah the pre school assessment letter

not in red crayon either

 

shame they've no idea how the Scottish system works

cause what they have put is total baloney

 

ignore unless you do get a claimform

 

fat fat chance

 

No idea about interest rebates unfortunately.

 

Provident were pretty lax with loans if I remember right.

 

My ex had a pal who was friendly with their agent.

 

What happened was that the ex would call her pal and tell her how much was wanted.

 

The agent would appear maybe the next day with the cash and the agreement/s.

 

I don't recall any affordability checks being carried out.

 

Absolutely mental in hindsight, but those were desperate times, to say the least!

 

def irresponsible lending then.

 

and

 

int would have been charged on the old loan

and should have been rebated upon its settlement.

 

I even think there are rules on their own website for the time

that says and still does

two loans cannot be taken out at the same time.

 

pers i'd ignore this one too

unless you get a claimform

 

but I doubt they'll ever go near a court

when the truth comes out

[PJMCM]

@dx

 

Thanks for the advice you provided on this thread re Lowells, it's very much appreciated.

I'm a bit confused though...

 

There are obviously parts of Scottish Law that I'm unfamiliar with,

as I thought that these three CCA docs which Lowell provided were legit

and that they were therefore entitled to chase me for payment.

 

Maybe you can help by letting me know which parts of the Scottish version of the CCA

(or whatever part of the Law applies) they don't adhere to??

 

I'd love to ignore them as you advised, but worry that they may still be entitled to enforce the debts and I end up in court.

 

Also, you advised on the Provi and Creation debts - any advice on the Vanquis one?

 

Thanks again...

[dx100uk]

theres no Scottish version of the CCA ...:lol:

 

and the way they describe how Scottish legal system works is wrong.

 

pers i'd let the lot run.

[PJMCM]

I didn't actually think there was a Scottish version of the CCA, hence my remarks in brackets...

 

"(or whatever part of the Law applies)"

 

The wee sarcastic smilies were therefore unnecessary. They're also not smart or clever - (edit ) TBH.

 

I came here looking for sensible advice as it seemed to be the best forum I found on the subject. To make glib comments like "the way they describe how Scottish legal system works is wrong" is easy but really needs to be qualified, which is why I asked for clarification on WHY they were wrong. Obviously I was maybe unlucky in that the resident "expert" on Scottish Law (edit).

 

I'll look for either another forum where the members - particularly those who call themselves "mods" - post with some decorum and consideration for people asking for help. Or I'll possibly seek some professional help....with the emphasis on professional

Edited July 22, 2016 by Andyorch
Edited