I sued Lowell

[isuedlowellandwon]

I sued Lowell last year and got judgment in September. (Both against Lowell Financial Ltd & Lowell Portfolio I Ltd)

 

They applied to get that set aside but I got that struck out.

 

The bailiff returned the warrant saying that their address at "Enterprise House, 1 Apex View, Leeds LS11 9BH" was just a registered office and they had no saleable goods there.

 

I was surprised as their website at www.lowellgroup.co.uk says, "Lowell Financial Limited is the servicing arm of the Group, whose headquarters is based in the financial sector of Leeds with a 400 seat call centre and state-of-the-art business support and technology facilities."

 

You'd think they'd find something worth seizing amongst the 400 lcd screens and chairs and stuff!

 

Does anyone know the addresses of other places they operate at in Leeds? So Mr Bailiff can pay them a visit.

 

I contacted Royal Mail as to their PO Box 172, Leeds LS11 9WS but that just leeds back to their registered office address as above.

[diabolical]

Hmm... this sounds fishy.

 

It couldn't be that the bailiff is one of Lowells or in some other way connected? There's no other info on the net about any other addresses so either the info on their website is correct... and the bailiff isn't.... or the bailiff is correct... and the website isn't (in which case Lowell appears to be fraudulently advertising).

[Sparkie1723]

isuedlowellandwon,

 

Have you thought of applying for a bancruptcy order against both of them,or at least threaten them with one.

they will either have to pay up plus all your costs or go under and the directors of the two companies banned from being directors for 5 years.

 

 

Sparkie1723

[lookinforinfo]

I think it may well be your bailiff. There is no mention that Lowell have

another branch, but they have just increased theri call centre personnel late last year to around 250 with another increase in staff forecast for this year. Their turnover last year was around £27 million.

 

If you have paid them any money, I would ask for it back and get another

bailiff company to go in.

[CG7]

HI,

Go back to the court where you got the judgement from, there has to be something that can be done, you can't just accept what they are saying, but if you think about it, its really quite funny, they are now trying to AVOID paying you, talk about the tables turning.

[dannyboy660]

I sued Lowell last year and got judgment in September. (Both against Lowell Financial Ltd & Lowell Portfolio I Ltd)

 

They applied to get that set aside but I got that struck out.

 

.......

 

Excellent. Just the kind of 'stand up to them and give 'em hell' attitude I like to see. Well done.

 

It's a pity the bailiffs didn't enter into the spirit of things, but birds of a feather......

 

There must be something you could do to follow this through, but you should take care not to get bogged down in the murky world of legal poop. I let OFT do everything for me but they were far too gentle with them, if I'd known then what I know now I would have fought Lowell tooth and nail over their tracing and bullyboy tactics.

 

Perhaps Bailiffchaser could offer some advice if he's around??

 

All the best.

[isuedlowellandwon]

isuedlowellandwon,

 

Have you thought of applying for a bancruptcy order against both of them,or at least threaten them with one.

they will either have to pay up plus all your costs or go under and the directors of the two companies banned from being directors for 5 years.

 

 

Sparkie1723

 

 

It's under £750 so I don't think bankruptcy is an option and I wouldn't go down that line anyway.

 

I am considering a Third Party Debt Order, all their letters show their bankers as Barclays but that would mean another court hearing.

 

They have some time to pay the extra costs so I will wait and see.

 

The court have imposed some sanctions on any future appeals by them and they are barred from doing so unless they pay me my costs for attending the last appeal first.

 

Of course I sent every bit of evidence to the OFT maybe one day the OFT will click their heels together and return back from the land of OZ and do what they are supposed to do.

 

Has anyone thought about suing the OFT under the Human Rights Act to get them to act against some of these companies? Maybe next time I have to sue one of these companies I will join the OFT to the proceedings as per the HRA at least it will get them fully aware of it.

 

I have seen every act in the book by DCAs, it's a shame consumers can't get their act together and report to the OFT every breach.

 

Probably 1 person in 1000 reports it to the OFT, as the OFT doesn't do anything (how many have had their licence revoked?) why bother anyway?

[stivis]

I got an action to freeze bank account before , but that was in Scotland . It would mean that they could pay no one not even their staff.

Would be even better if it was the account that money goes into

Or get a winding up order ( that liquidates the company )

[SHERLOCK]

Lowell Finance and Lowell Holdings are the only two listed as 'Holding companies including head offices' at the Leeds address.

The others are listed as 'other business activities'. Are they hiding behind this........also data protection is at that address:

 

 

Registration Number: Z7273861

Date Registered: 21 November 2002 Registration Expires: 20 November 2007

 

Data Controller: LOWELL FINANCIAL LIMITED

Address:

ENTERPRISE HOUSE

1 APEX VIEW

LEEDS

LS11 9BH

Seems it is another CABOT..........

 

[spotnot]

I have the names and addresses of their directors if you are interested.

[DanP1973]

As stivis says serving / threaten them with a winding up order.

 

Im a Manager for a recruitment company and recently had a client that wasnt paying their fee for a candidate we placed and had to look into this with our legal team.

 

It doesnt matter if its £5 or £5m. You can get their company wound up and reclaim monies owed.

 

Now that would be sweet!!

 

Also if you want to confirm their address why not contact them saying you used to work for Cabot or someone but have just moved to Leeds. Theyre bound to want to see you considering theyre expanding so quickly and will have to provide a true address for your interview.

 

Underhand but hell arent they?

[tifo]

i will also sue Lowell, Cabot and others for unnecessary defaults, non-compliance with CCA, data protection issues etc.

 

anyone got any good advice?

[runtothehills]

This is a bit long winded but could you tell me if I'm in a position to sue Lowell Financial?

 

I received my first demand in Nov 2006 regarding an apparent account they bought from Barclaycard for £539. I wrote immediatley disputing this as I knew I had paid up my account in Feb 04 and requested evidence of this purchase. I carried on receiving demand letters and then on the 22nd of Dec I received a letter from Nigel Beaver stating they will send me evidence in due course and in the meantime will hold my account in abeyance.

 

In the meantime I was trying to talk to someone in Barclaycard (that was a task in itself), eventually got a decent person who admitted Barclarycard had sold some wrong files and mine was one of them. They had been in touch with Lowell Fiancial prior to me speaking to them asking for the account to be returned and on the 8th of Jan. Lowell emailed Barclaycard stating the account had been closed and will be sent back. Ironically also on the 8th of Jan I received a letter threatening a home visit by one of their agents.

 

After further conversations with Barclycard and their apologies and guarantee that this would be sorted and they've requested twice now to Lowell for the account to be returned, only to check my credit report today to see that Lowell Financial have put a default on my credit report for the amount £539 on a level (8).

 

Sorry if I've gone on too much but I would like advice on how I can hurt these people where it really hurts - pocket or licence (both would do nicely).

 

THANKS...

[tifo]

i guess you can sue them for defamation of character (the default) and for distress etc.

[isuedlowellandwon]

No forget defamation stuff. You might have a valid claim for such but libel laws will end up with you broke, even if you are in the right.

 

Send them a letter, be civil, telling them they must update their records as per the Data Protection Act 1998. Demand they remove the default.

 

Mark this letter with the subject "LETTER BEFORE ACTION"

 

You must give them a time limit. I'd give them 28 days to correct it, I think they have a statutory time limit under the DPA of 26 days or so to correct it.

 

Send it recorded at least, I always use Special Delivery and get a signature, that costs £4.10. The choice is yours.

 

Their records must be accurate and up to date as per the Act and you are allowed to sue for damages if they aren't.

 

If after 28 days you still have no reply from them and the default remains the time to sue has come.

 

Make sure you file with the Information Commissioner and request they make an Assessment as to their Data Processing. This is worth it's weight in gold if it goes to a court hearing and you have an opinion from them that they didn't comply with the Act.

 

Also tell the Office of Fair Trading and send a Witness Statement to your local Trading Standards Office.

 

Make sure you sue for damages and use "UP TO" amounts and let the court decide, don't sue for a fixed amount. You can't use moneyclaim.gov.uk for non-fixed amounts.

 

Also, don't specify in your claim that you want an order for them to comply with the DPA as this might up your issue fee by £150! Just claim for damages because of what they have done. i.e. all the admin costs, phone calls, loss of earnings filing claim, sending letters etc.

 

If that doesn't get them to correct it then you can move on to the next stage to get an order for them to correct it. You can also ask the judge nicely to order it at the damages hearing.

 

You need to quantify your losses for any claim you make and prove such enough to satisfy the judge. So don't ask for thousands unless you can prove their actions caused you to pay higher APRs, loss of income due to loss of sleep etc.

 

[Sparkie1723]

In a case like yours I would consider action under the Libel Act, against Lowell, for negligent mistatements which are in fact defamatory, also under the Lbel Act you do not have to prove loss ie. financial loss if you can prove Damage such as being turned down for any financial assistance of any sort you will have a good case, damage to character and financial credibility.

Take at look at the libel Act under the new act you can take a libel act case in the County Court now you don have to go to the high court as you once had to.

Worth takin a look

 

sparkie 1723

[lookinforinfo]

Do what Stivis did and freezw their bank account. In England it is called a

3rd Party Debt order where the 3rd party is the bank who are obliged by law to freeze the account for one day only. So you have to pick a day when there

is enough money in the account. With a company like that it will probably be

the week prior the end of the month before they pay the staff salaries.

As the account is frozen all day, it creates havoc since they can't pay money

in, or get it out, or transfe it. Also stops direct debits and standing orders going out and payments coming in, so it might be fun. The Court cost is £55

for that and you will have to appear in Court at least once. I imagine the

cost will probably be less than a bailiff.

For more info see [you will have to know their bank, though not necessarily

the branch-and the main account that holds the wages etc would be maybe

best]

Third Party Debt Order

[runtothehills]

Thanks everyone for your comments.

 

I'm going to do some serious research because I want to get this right. I want to do this in a way that they have to take notice and it will be taken seriously by governing bodies. Unfortunatley I'm not a legal wizz so I'm chasing up the info you've given me to attack this situation in a way that will give the best result in addressing Lowell's credibility and hopefully licence.

 

I do believe new legislation is coming in on April 6th where the new regulations are designed to hit these companies where it hurts if they don't change their behaviour. A company will be allowed two free investigations a year but every subsequent complaint in that year will cost the company £400 per complaint whether or not they're in the right or wrong.

 

It would be great if people forward their complaints to the FO and put this new legislation to the test to let the FO be aware that this is happening on a larger scale than they realise or admit to, and, subsequently hit the unprofessional organisations like Lowell in the pocket.

[dannyboy660]

Hi,

 

Looking for more support. Anyone??

 

We the undersigned petition the Prime Minister to Introduce legislation to give better protection from harrassment by Debt Collection Agencies.

 

Cheers.

[richie2007]

Not being funny guys, but if you actually paid your debts on time, you wouldn't get into this situation. Just a thought eh....?

[Guest The Terminator]

Not being funny guys, but if you actually paid your debts on time, you wouldn't get into this situation. Just a thought eh....?

 

That is total sarcasim.What you should have posted is that if the finiancial institutions didn't put people in debt in the first place then they'd be able to pay on time.

[runtothehills]

No, I appreciate your not being funny BUT neither is it funny being pursued for a debt you do not owe!

 

I had an arrangement in 1999 with all my creditors at that time straight after my (now ex) husband walked out on the children and I but kindly left all his debts behind. Being the wife I was liable for a lot of his debts. I did not hide or shirk my responsability. I made financial arrangements, got two jobs brought up the children and even managed to pay the mortgage up to date, even when my husband would not sign the divorce papers and went bankrupt a couple of years after the separation I was responsible (so I was told) for his debts. Just because I was married to him... This resulted in the sale of the house (lovely, no home) and me paying off his bankruptcy. My last outstanding payment was finished in Feb 2004 to Barclaycard as per agreement.

 

So, in answer to your thoughtless message. NOT everyone owes what is being claimed they owe and have to fight because these people are unscrupolous. You must have missed the bit where I stated Barclaycard admitted fault and should not have sold the account in the first place, oh, and the bit where despite stating they have put the account into abeyance until documentation (which I never received) can be forwarded to me, they still manage to hound and put a default on with a credit reference agency without even serving a default notice in the first place!

 

'Situations' are not always of your own making...

[tifo]

Not being funny guys, but if you actually paid your debts on time, you wouldn't get into this situation. Just a thought eh....?

 

absolutely right, ritchie.

 

so what exactly are you doing on this forum?

[dannyboy660]

Looks like someone traced the wrong forum!!! :D

[payingonlyencouragesthem]

Not being funny guys, but if you actually paid your debts on time, you wouldn't get into this situation. Just a thought eh....?

 

If I hadn't lost my job and my partner I would pay my debts on time.....prat.