lowell portfolio 1 ltd help

[stitcherbaker]

I have just recieved a claim from the court from these and i dont know what to do . I asked them prior to christmas to send me a copy of the credit agreement which they did not do it was emailed to them on the 7th of december now this what do I do?

[SHERLOCK]

Hi Sarah,

 

I wouldn't email them anymore, send all letters recorded delivery.

 

Make sure you go online and acknowledge service of the paperwork, this will give you 28 days instead of the usual 14 days. Full instructions should be with the claim.

 

DO NOT send them any money, or bother talking to them. Just send them this letter, and wait patiently.

 

 

Your Address etc

 

Their Address et.

 

Date

 

Dear Sir

 

In the XXXX County Court

(CLAIMANT) -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

• A true copy of the alleged agreement you refer to.
  
• How you calculate the sum of £(AMOUNT)
  
• How you calculate the sum of £(TOTAL)

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

 

YOUR NAME

This letter requires them to provide the account details and all charges to your account to which the claim relates.

They may well come up with these if it is a recent account but you will be able to counterclaim for unlawful charges + interest.

 

 

Also send a copy to the courts to place on file and ensure you place the claim details clearly on the letter.

 

More advice can be given when you receive your next letter from Lowell/courts.

SHERLOCK

[Sparkie1723]

Lowell Portfolio 1 are not registered with the ICO as data processors, there are a lot of DCA's who are incorrectly registerd but.... this lot are not registered at all.

 

Here's what happens when they are not registered, and if they try to put you in court no judge will entertain their claim because they are committing criminal offences by processing your data.

 

I,ll post the sections you can quote in any further dealings with them next. mind you it would be worth letting them take you to court on this

one. Sparkie 1723

 

13 October 2005

Two companies fined for flouting Data Protection Act

Two companies have been successfully prosecuted by the Information

Commissioner’s Office for failing to notify under the Data Protection Act 1998. in both cases they were given the maximum possible fine of £5000, and ordered to pay£300 towards prosecution costs, by Manchester City magistrates yesterday.

Corporate & Trade Limited and General & Commercial Guarantee Limited who both trade from premises at First Floor, 130 Church Street, Preston, failed to notify with the Information Commissioner’s Office that they processed personal data. The companies are debt collection agencies. Corporate & Trade Limited were written to on five occasions and General & Commercial Limited on three; both companies failed to notify as a result of these letters. Under the Data Protection Act organisations that process personal information may be required to notify with the Information Commissioner at a nominal cost of £35 per year.

[Guest The Terminator]

Lowell Portfolio 1 are not registered with the Information Commissioners Office as data processors, there are a lot of DCA's who are incorrectly registerd but.... this lot are not registered at all.

 

Here's what happens when they are not registered, and if they try to put you in court no judge will entertain their claim because they are committing criminal offences by processing your data.

 

I,ll post the sections you can quote in any further dealings with them next. mind you it would be worth letting them take you to court on this

one. Sparkie 1723

 

13 October 2005

Two companies fined for flouting Data Protection Act

Two companies have been successfully prosecuted by the Information

Commissioner’s Office for failing to notify under the Data Protection Act 1998. in both cases they were given the maximum possible fine of £5000, and ordered to pay£300 towards prosecution costs, by ManchesterCity magistrates yesterday.

 

Corporate & Trade Limited and General & Commercial Guarantee Limited who both trade from premises at First Floor, 130 Church Street, Preston, failed to notify with the Information Commissioner’s Office that they processed personal data. The companies are debt collection agencies. Corporate & Trade Limited were written to on five occasions and General & Commercial Limited on three; both companies failed to notify as a result of these letters. Under the Data Protection Act organisations that process personal information may be required to notify with the Information Commissioner at a nominal cost of £35 per year.

 

 

 

Sparkie the fine is taking the p it should have another couple of zero's added to it and that's Terminators opinion:lol:

[Sparkie1723]

This is the search return for Lowell Portfolio 1

 

 

 

 

* There are no entries that match your search criteria

 

 

Lowell Portfolio 1 Ltd

 

Enterprise House Leeds

 

L11 9BH

A COPY OF THE DATA PROTECTION REGISTER

 

 

When you do contact them over this they may attempt to bluff and huff and tell you they are covered by their other companies registration WRONG data processor licenses are not transferrable from company to company or usable by other companies.

 

They may try and move the debt over to one of their other companies .....too late if they do that they will be in bigger trouble they should'nt have had your data in the first place and if they process it further in an attempt to get out of being reported and prosecuted the directors really could face the prison sentence as well as the £5000 fine.

 

 

Sparkie1723

 

 

 

 

Sparkie1723

[stitcherbaker]

thanks all so I acknowledge the papers and when I send them the letter I also include the bit about them having my data illegally?

[stitcherbaker]

Also do I inform the court they are not registered? Ive never done this before so am a bit thick at this.

[tifo]

lowell portfolio 1 are registered but it is under 'I'.

 

See here Information Commissioners - Data Protection Register - Entry Details

 

and also Lowell Portfolio II here Information Commissioners - Data Protection Register - Entry Details

[SHERLOCK]

yep, it is definately an 'I', a roman numeral '1' or something like that?

[stitcherbaker]

So this means that I dont contact them regarding the processing of my data just the first letter then requesting info for them ok.

[Sparkie1723]

tifo & sherlock are dead right they are registerd I was searching under 1&2.

1&11 thats how I came to give incorrect info my apologies to all

Sparkie1723

[tifo]

its a bit cunning of Lowell to use roman numerals and of course it is an issue whether the Info Commissioner also sees these as '1 and 2' or as 'I and II'.

[stitcherbaker]

Well i posted my letter on monday to them and not heard anything and it was sent recorded so if in roughly 2 more weeks nothing I just apply to the court for them to ... basically tell them they cant chase the debt ? is that right.

[stitcherbaker]

Well now I have recieved a letter from their solicitors. it basically is telling me that I need to contact them to arrange repayment either by a lump sum or by a monthly figure. Also this bit concerns me

 

Unless we hear from you by return, we shall apply to the court for a County Court Judgement against you with a view of proceeding with immediate enforcement action.

 

then there is a number to call them on what do I do? I aknowledged with the court and I sent them the letter do I now send it to Hamptons ( solicitors ) or do I contact the court because I feel kinda bullied here. :x

[SHERLOCK]

stitcher, it was implied in your first post that lowell had already issued you with a court claim.

Was it a threat, or a claim form as in your latest thread??

The letter above was if it had already gone to court!!

Have you sent the CCA request via recorded mail...if not do this first!

 

take your time to give info and people can then give advice when they know the facts.

 

Do not give names etc, but enter the headings of such letters bcoz the DCA's sometimes send letters with the notice 'this is not a court document' etc. basically scaring us 'ickle' people??

[stitcherbaker]

I did send the letter recorded and the first letter was a court claim. This letter acknowledged the claim in court there was no heading on the letter.

 

We have recieved notice from the county court that legal proceedings were issued on 5/01/2007 ( different date 2 me ) You should recieve a claim form which details out claim against you.

 

The response pack blah blah

 

You now need to contact us us to arrange repayment of your debt. Our client would be prepared to arrange monthly or lump sum blah blah.

 

Unless we hear from you by return we shall apply to the court for a ccj against you with a view of proceeding with immediate enforcement action.

 

You should call us immediately on below number.

Thats what letter said HELP

[stitcherbaker]

well the deadline has hit so what do I do they have not provided me with info or the origional aggreement so what do I do now?

[InKogneeToh]

Hi,

 

Have you actually received a notice of the claim from the court or just from Lowells?

 

Regards, Pam

[payingonlyencouragesthem]

well the deadline has hit so what do I do they have not provided me with info or the origional aggreement so what do I do now?

 

Unless anyone has any better suggestions I would suggest ringing the court and asking what form to use to have their action struck out. Send off a copy of Sherlock's letter (the one I hope you sent to their solicitors) with the application to show what info was requested and not supplied. Might also be worth doing a formal CCA request - if they are in default when it gets to a hearing you should get off, although the judge might give them more time to comply before striking their petition out.

[stitcherbaker]

sorry bit dumb here whats a CCA request. I sent a copy to them and the court and did it recorded delivery as well so on Monday I ring the courts and ask for the form to strike out their action.

So I do that and then there will be a hearing ? Does this mean I will have to appear in court never done that ever not been in a court except to drop of papers :o

[payingonlyencouragesthem]

You send them a postal order for £1 and they should send you a true copy of the original credit agreement. If they don't send it in 12+2 (allowing for postage) business days they can't enforce it without a court order. If they leave it another 30 days they commit an offence. Use the letter in the template section.

 

If you are worried about going to court click on the "buddy system" link at the top of the CAG home page and see if you can find someone who will go with you.

[stitcherbaker]

I have sent them the letter and now I have recieved a AQ it has to be handed in on fri. Computer been down so now what do I do? I can hand deliver to my local court thats not a problem but what do I fill in and how OMG please someone help me

 

Ty

[payingonlyencouragesthem]

I would ask for the case to be adjourned on the grounds that you are waiting for documents that you intend to use in your defence (attach a copy of your CCA request & Sherlock's letter). If they have already defaulted on your CCA request then ask for their claim to be struck out on the grounds that it fails to disclose any reasonable cause for action against you (attach CCA / Sherlock's letter). Go down to the court today and ask them for the appropriate form.

[TotallyWithoutPrejudice]

Sticherbaker,

Sorry to take things back a bit, but what sort of debt is this that Lowell are chasing you for?

Is it an old one?

I don't see any details other than the fact that Lowells issued the court claim. I'm interested because they did the same thing to me with an old debt, court claim, letter saying pay up etc exactly the same.(we won!)

I apologise if it's a more recent debt, but it would be a shame if you don't defend a statute barred debt in court properly.