Lowell Financial or Lowell Portfolio 1 Ltd

[runtothehills]

Hi

I had the same problem with Lowell, they had put an incorrect default on my credit reference. Lowell did not have the courtesy to reply to my dispute or formal complaint within the given time restraints. With the great help from this great action group I wrote and complained to the credit reference agency and to Trading Standards and to the Information Commissioner's Office and despite no response from Lowell the problem was resolved via the other organisations.

 

So, after putting in your request with Lowell I would write to Trading Standards and ask them to act on your behalf. Two reasons, one it's more likely your problem would be sorted out correctly and two, Trading Standards should be kept aware of the practices of credit agencies in order revoke licences or reprimand those that do not comply.

 

Good luck.

[SteveMcvixon]

ok thanks, anyone have any idea where the cca template letter is?

[Zimmie]

Creditors and DCAs - Letter Templates & Budget Planner

[scouser9]

Thanks every one for your comments, but all thanks and praise should go to the forum as it is with everyone's help we beat these people at their own game. But thanks for the comments anyway.

Now that you have seen it works to follow direct ways and and set steps, please read as much as you can from the forum and ask as many questions as you need to sort out your problems, there is always someone on the CAG to help, I will ask everyone to consider posting any documents or letters you intend to send to these people so that the forum can make suggestions or hints as to how well your letter will be recieved.

Please remember this is not a race to see who gets their problem sorted out first, every problem posted is everyone's problem to achieve the best result. Dont be in a hurry to send any letters off lets have a look first, even if it is just say yes thats fine.

Because one mistake can seriouly damage your case, so please be sure and accurate with all letters, it saves any problems further down the line.

Hope I do not sound like a little hitler but from my own experience's its better being right first and right second, ask all forum mediators if you need personell items to be scrutinised, honestly it will save a heap of problems later.

 

Anyway I will get off my soap box, but all thanks to the CAG in everyway shape and form.

 

Keep on claiming the right.

 

Mikey

[Zimmie]

I'm so pleased for you

[Jooper]

So the saga begins.Recieved first letter last week june 07 from Lowell for 2002 account with Abbey stating I owe £384.I [mistakenly] called them.They said it was a mistake and I was not liable.Today the second letter came,same amount etc.I called again stating I have no recollection of this debt,that I do not believe I owe the money.I asked for proof from Abbey[statements].They said this would take anything up to 90 days and they would proceed with court action in the mean time.So I got on the net and here we are good people..

 

I have also recieved a letter from Abbey saying they have passed the debt on to Lowell. Is this enough verification of debt? [not signed]

Even though I honestly do not remember could this be valid?

Should I just pay it before they start to heap charges on?

or should I do a CCA and wait to see the see the reply?

I do not know this company.They could be anyone.

Any Response greatly appreciated.

[ODC]

DO NOT PAY, DO NOT TALK TO CLOWNELLS ON THE PHONE.

Send them the CCA letter template N. They are talking sh!t about 90 days. The law gives them 12 working days to produce a valid CCA. If the fail to do this then they are in default. One calendar month later they have committed a summary criminal offence. Why should you pay something which you may not even owe and Clownells may not even have a legal right to ask for it.

[Jooper]

Thanks.I agree just was not sure if the letter from Abbey was proper validation.Will do template and recorded delivery.Thanks for swift response .Will keep posting.

[Jooper]

Swift reply from lowell.As my request for cca.

They reply:

Dear Jooper,

We are in reciept of your request for a copy of the executed credit agreement in accordance with Section 78 of the Consumer Credit Act 1974.

The agreement to which you seek is not a regulated consumer credit agreement and is not governed by the terms of the above Act.

Our client therefore has no obligation under the provisions of the Act to supply the information requested by you.

We would therefore request you contact us on the number below to put forward your proposals to settle outstanding debt.

 

Not sure what to do now,they also included my cheque for the one pound for the cca.

I really have no clue what to do now.Obviously I wont be calling them but am not sure what to do next?

 

Any Advice Greatly Appreciated.

[Zimmie]

Hi, if the lovely lowells say the agreement was not regulated under The CCA...what sort of agreement was it? They may be bluffing as the agreement is lost or destroyed, or they may be once again displaying their sheer stupidity...or hoping that you don't know your rights!

[ODC]

Swift reply from lowell.As my request for cca.

They reply:

Dear Jooper,

We are in reciept of your request for a copy of the executed credit agreement in accordance with Section 78 of the Consumer Credit Act 1974.

The agreement to which you seek is not a regulated consumer credit agreement and is not governed by the terms of the above Act.

Our client therefore has no obligation under the provisions of the Act to supply the information requested by you.

We would therefore request you contact us on the number below to put forward your proposals to settle outstanding debt.

 

Not sure what to do now,they also included my cheque for the one pound for the cca.

I really have no clue what to do now.Obviously I wont be calling them but am not sure what to do next?

 

Any Advice Greatly Appreciated.

 

What is the alleged debt for

[Jooper]

They say is for Abbey National account.Ended in 2002 .I honestly dont remember having account with them.I have had a few bank accounts and have moved house a bit.So genuinely am not sure.Even if I did have an account with abbey I never had an overdraught with any account I had so can not see how acc ended 400 in the red.Unless was for bank charges which is again another story.

Again any advice greatly appreciated.I have no record of this account .

 

Should I now ask what type of agreement they have?If its not regulated how is it valid?

[ODC]

They say is for Abbey National account.Ended in 2002 .I honestly dont remember having account with them.I have had a few bank accounts and have moved house a bit.So genuinely am not sure.Even if I did have an account with abbey I never had an overdraught with any account I had so can not see how acc ended 400 in the red.Unless was for bank charges which is again another story.

Again any advice greatly appreciated.I have no record of this account .

SAR Abbey to see if in fact they have any details on you. If Clownells say you had an account with Abbey make them prove it.

[Jooper]

Ok

Sorry to sound ignorant but I have never had to deal with this sort of caper before.

Why is this not covered by a C.C.A?

What exactly is a S.A.R.?

How do I go about it,is there a template for one?

Do I post to there registered Abbey office?

Could I get Abbey to buy back the debt if there is one?

Maybe to remove lovely lowells charges?[which it must include if it is genuine]

Like I said in my earlier post I have recieved a letter from Abbey stating that they have sold the debt from my account to lowells.My mother whos address I was at the time now thinks I did have an account with Abbey.

Sorry to seem so flakey but was messy split with x etc and general life stuff in way.[am much better now with my acc records,honest]

So if I had an account with Abbey.

How can I find out exactly what the closing figure was?

Exactly how much lowells have heaped on to it?

How can I get it back to the original amount?[if poss].

Do I still need a S.A.R?

Am genuinely concerned with these jokers sending Baliffs round.

Realy dont want to scare my new wife.

All Help Gratefully Recieved.

[lookinforinfo]

Jooper- calm down.

An sar is a request made by a member of the public to a company asking what information they hold about them under the Data protection Act.

In your case, once Abbey receive it they hae 40 days to supply you with all the data they have on you. This will include how much they have charged you over the years, and how much the debt was when they assigned the debt to lowells. Hard to think of a condition whereby you apparently had a

debt with Abbey that did not come under the Consumer Credit Act.

 

You will find the sar request template letter if you go to the first page of the forum, then click on FAQs followed by the Step by Step instructions.

 

Lowels cannot add charges to the account except for legal fees if they own the debt. Until they take you to Court they cannot send bailiffs round and

if as I suspect, the debt, if you do owe money, will be covered by the Consumer Credit Act [CCA]. In which case they would be extremely stupid taking you to Court since they will shortly be in default for failing to provide you with the original contract as required by law.

 

I suggest you write back to Lowells asking them why the debt is not covered by the Consumer Credit Act.

Also you are hijacking ODCs thread. In light of the fact that you may need

a fair amount of help with our friend at Lowells, please start a thread of your own since the help that you need may be different from the advice that ODC needs and may confuse readers of this thread.

[ODC]

Jooper. I cannot really add anything to Lookings superb post. Just in case you havent already done so I would suggest you read the many threads on Clownells om here. You will then get a picture of the muppets you are dealing wiwiyj and how their threats progress. The golden rule is NEVER speak to them on the phone. Keep everything in writing, that way you have a paper trail when it come to turning the tables on them:D

[Jooper]

Thanks for great advice.Did not realise about threads,just joined.Sorry bout that.Cheers again.

[CARDONE]

Hello Everyone,

 

I wonder if you can help me? I have had a letter from Lowell Financial stating that they have received information that I used to live at an address that I lived at back in 2001, if I do not telephone they will assume this information is correct. After doing a search I found this wonderful website and so decided to wait and see what happens next. Next letter I got from them was dated 21 June saying that they have been instructed by Lowell Portfolio 1 Ltd regarding an outstanding balance with Capital One and that I should contact them to find a solution.

 

So following advice given to others on here I sent them a letter on 27 June recorded delivery (which according to the Royal Mail website was delivered on 30 June) enclosing the £1 postal order asking for proof, I headed it "without prejudice" and started the letter "I do not acknowledge any debt to your company or any company you claim to represent". I did not sign the letter though as I thought it would give them the ideal opportunity to create something using my signature.

 

Now today I have received another letter dated 2 July saying that as I have failed to contact them they have been instructed to appoint an agent to visit my home to discuss and that I must contact them within 48 hours or an agent will pay a visit.

 

What should I do next as this is scaring me! I am a single woman living by myself and find this very intimidating. It is true I had a small debt with Capital One but the last time I contacted them about it was around March 2001. Should I resend the letter but sign it this time?

 

Please help!!! CARDONE

[Jooper]

Hey Cardone.

I only just joined myself and am in similar situation with regards to our not so friendly lowells.

I have been advised NEVER PHONE THEM

"Until they take you to Court they cannot send bailiffs round"

 

Keep your reciept from your recorded delivery.

 

Keep all mail to do with this situation.

They can by all accounts only threaten you .

Try not to let them get to you[difficult but possible]

 

You are home

 

This is a fantastic website and very shortly someone who knows alot more about these situations will be posting.

Try to read as many different threads as you can on this lot.

 

Post everything you intend to do here.

Sorry I only know a small amount.

Personally I would send them nothing signed.

[ODC]

FIRST OF ALL

 

NEVER CONTACT CLOWNELLS BY TELEPHONE.

 

By the sounds of things this debt is staute barred but with Clownells this is a standard tactic.

 

They will not be sending anyone to your door.

 

A caller from a DCA has absolutely NO LEGAL power whatsoever. If one should ever call at you house tell them to leave. If they refuse to do so telephone the Police and report them for a Breach of the Peace, or if you feel threatened by anyone then you can report them for a more serious matter.

 

If the letter you sent was the CCA letter then Clownells know they have 12 working days to comply before the alleged debt is in default.

 

The next letter you get will be the threat of bankruptcy etc. Again thi is just a load of sh1t.

 

This company bough a load of old Capone debts that are Statute barred and they do not even have the CCAs for them. The best you can hope for is a dodgy copy of an application form. Clownells follow a similar pattern with everyone. They will pass you on to a company cvalled Hamptons iLEGAL and eventually Red Debt. They are all the same company just different types of threats. Let the 12 days go past and then a calendar mont they will have committed a summary offence. If you are 100% sure the debt has not been acknowledged in writing by you or a payment made by you within the last 6yrs then send them the template Statute Barred letter.

 

If these monkeys ring you do not speak to them.

 

Do not worry. They are well known on here and we will help you get them off you back

[CARDONE]

Thank you so much guys, that has made me feel a little better.

 

I am pretty sure I haven't contacted them since March 2001 as I buried my head in the sand because I couldn't afford to pay up (I was young and stupid and I had a few debts at the time because I got cards when I was working but then got made redundant and was in between jobs) and then I moved a few times after that and never heard anything from anyone. I had a debt collection agency contact me last year about an Abbey loan and I managed to pay them off but having read this site maybe that wasn't the right thing to do!

 

I have taken the advice on here and not contacted Lowells by telephone at all, was I right in not signing the letter I sent? It was the CCA one from the templates. Will I still get the bankruptcy letter even though I sent the CCA letter?

 

This is horrible, I wish they would just leave me alone!

 

Worse thing is I can't view my details because Experien is out of action!

 

Thank you both again for replying, I know I'm supposed to start my own thread but I don't know how!

[ODC]

Just go here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/ click on the button forum tools and from the drop down menu click post new thread simple

[CARDONE]

Thank you OCD, you've been very helpful and I tipped your scales.

[CARDONE]

Lol, sorry I meant ODC. :o

[ODC]

Thank you OCD, you've been very helpful and I tipped your scales.

Everyone is helpful on here. Read the many threads there are on Clownells, Hampto iLegal. and Red Debt. You will get the picture on the sort of idiots you are dealing with. They specialise in buying debts that are statute barred for a few pence and hope their bullying staff can foce money out of you. Ignorant nasty ill mannered ill advised twats the lot of them.