robbersway for barclaycard, now sold to lowells

[CG7]

Hi everyone,

Just received a letter from the above people, I had a credit card, everything was ok and then I became ill due to depression, nasty divorce etc in 1993. I was on income support at the time,and eventually couldn't pay the minimum payment In 1995 I did a voluntary arrangement through CAB, as they had put it into the hands of Robinson Way Debt Collectors, and I paid them back monthly for quite a lot of yrs and then I asked for a new paying in book back in 2001 (but not sure of the date to be honest) never heard another thing from them the whole time, until recently, when it was transfered to Lowell Financial. I am on incapacity benefit and awaiting another operation this year, I cannot afford to pay anything else,(I am strangled as it is) and my situation (my health) wont improve, (unless i have a lotto win) but of course you have to do it to win it, but never have played it. anyway thats all beside the point.

Does anyone on here have an information on Lowell Financial. are they decent people or thugs.

Thanks,

CG7

[diskmandave]

Lowell are chasing me for an age old debt too

 

I sent them this letter after much reading of the forums.

 

 

Mr xxxxxxxxxxxxxx,

xx xxxxxxxxx xxxxx,

xxxx xxxx xxxxxxxxx,

xxxxxxxxx,

xxx xxx.

 

Reference No: xxxxxxxx

 

08/01/2007

 

Dear Sir/Madam,

 

I refer to letters dated 25/12/2006 and 03/01/2007 which were both recieved today in

respect of a very old Capital One account. I am informing you that this account is still in

dispute and that it was indeed Capital One whom breached the agreement, not me. I trust

that you will not further attempt to collect any alleged outstanding amount whilst there is

a dispute still in force.

 

Consumer Credit Act 1974

 

I do not acknowledge ANY debt to your company. I require you to supply the

following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to.

This is my right under your obligation to supply a copy of the agreement under

the legislation contained within s.78 (1) Consumer Credit Act 1974 -

(s.77 (1) for fixed sum credit).

I enclose a cheque to the value of £1 in payment of the statutory fee. This is not to

be applied as any kind of payment to the disputed account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement

that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the

original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will

result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the

customer is totally unenforceable under the CCA and therefore is a complete defence to

any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours sincerely,

 

 

 

 

 

Dave xxxxxxxxxx.

 

 

Hope that helps.

 

Dave.

[CG7]

Thanks for that Diskmandave,

I think that they must have bought a job lot off Robinson Way, I was reading on another debt forum, that someone else had received a letter from Lowell for a very old debt. Let me know what happens with your letter if they reply to you or not. CG

[CG7]

I rang national debtline and they said to do the statute barred letter rather than the proof of debt, what do you think ? trouble is I dont think its quite six yrs from last payment, but almost i am sure.

 

Not heard from anyone else who's had dealings with Lowell Financial.

 

Would appreciate other people's dealings with these people PLEASE PLEASE.

[MAVE]

Hi CG7

 

Please see my post 'Ignoring my SAR', which is dealing with Lowell. I have had letters from Lowell for the last few months saying they bought a debt from Barclaycard, and then threatening letters when I didn't answer them. They have threatened giving me a CCJ. In answer to my CCA request, they just sent a copy of my original app to Barclaycard, who had the debt originally. I am still not sure if this is sufficient or not. I was then told to SAR them by someone on this site, and they just sent me a load of notes saying what they have done on my case, copies of my own letters to them (!), and notes on how they found me re old addresses. Then someone told me I had to send an SAR to Barclaycard, as they orginated the debt, which I have since done.

 

After I had sent this and copied Lowell in on it, they have now made me an 'offer' to pay them only half of the Barclaycard debt, with a time limit on it, and I have asked on this site for advice as I am unsure whether to take this or hold out for an answer from Barclaycard to my SAR request, and to find out exactly how much of the debt is made up of charges.

 

Going by what people have told me here, the CCA letter (above) is correct. It is the one I sent. And maybe you should send an SAR letter to the old credit card company as I have done, asking for a full statement of charges. The template is in the library here.

 

I have been told that it is only 'statute barred' if a company has had absolutely no contact from you in over 6 years, so that might not apply.Also, I have noted from a lot of cases- and mine- that these debts seem to be sold on to Lowell and others just before the 6 years is up. Coincidence? I don't think so.

[diskmandave]

I'm having problems with Lowell atm, again with a problem that I just about thought had gone away... What I do is put ALL LETTERS from DCA's regardless of their content into my crosscut shredder. Wait for them to telephone me, and then inform them that I will only converse with them by Recorded Mail, quoting the Protection From Harrassment Act.

 

This will buy you about a month to get your head and story straight! And

get loads of information from here

 

Hope this helps ?

 

Regards, Dave.

[dizzydeedee]

I have got dealings with the idiots here too, regarding an account from 6 years ago and I told them they couldn't reclaim the costs cos time had expired etc (didn't really know my rights) and they bombarded me with letters every few days until i made an arrangement to pay it back. I have a thread posted somewhere asking what I can do, but i think they all just use bully boy tactics anyway. I have bad health, depression, bad heart, etc, but they're not interested in all this, all they tell me is 'you shouldn't be in debt in the first place' I hate all these companies, they are all wearing me down physically and emotionally. I wish someone would set fire to all these companies and destroy all their records. (not that i condone such behaviour!! but it would be nice not to have to worry about what comes through the letter box)

[CG7]

I agree with you to much of a conincedence I have heard nothing at all for over 5 years and then they crawl back out of the woodwork, just when your on your sixth year, or so it seems. National debtline have said that its up to them to prove i owe them, not the other way around, its harassment in a form, they never let you go, suck the last bit of blood out of us if they can. I find that I cant think of anything else, its like its took me over, but they will have bought the debt for virtually nothing. so i have been told and that grates me, I would rather pay the credit card company back then the DCA. I still dont really know what to do about it !!

[CG7]

Hey dizzydee,

Its an awful way to live isn't it dreading the post, and sorry to hear about your bad health, what stage are you at now with them.

CG7

[Sparkie1723]

THe only info I can give about Lowell Financial LTD is that THEY are operating legally..........BUT Lowell Portfolio 1 Ltd & Lowell Portfolio Ltd 2 are not.

 

These two companies are not registered with the Information Commissioners Office as data Processors if anyone is having hassle from these two, this info will be of a lot of help to them.

 

Sparkie1723

[lobo200]

I had a similar problem with a time barred debt which Lowell claimed I owed.

 

It got to the point where over the phone, one of their agents accused me of taking out the credit card and signing the CCA with the intention of never paying anything back (bearing in mind I had the card several years before problems started and no problems paying it off) at which point I took his name, wrote to them threatening legal action on the grounds of harassment and slander and have never heard from them since (touch wood!)

 

However, if I knew about this site back then I would have thrown a lot more at them!

[MAVE]

Hello Ms/Mrs/Mr Gravitas

 

Charmed to hear your comments...

 

Read people's circumstances before making rash judgements. I had debts run up on a subsidiary card by a now ex partner after I had written to the credit card company to cancel my (main) card and his, obviously.

 

But now I find that I, not he, is liable for the debt,and God knows where he is now...

 

In most cases, people have been placed involuntarily in bad circumstances because of illness, divorce, redundancy, etc. And most people are trying to defend themselves against companies who put interest on top of interest, charges on top of charges and take advantage of these situations, then threaten court action ans try to scare the life out of them. Most debt collection agencies buy a debt from a company for about 5% of its worth, then try and collect the full debt and make a packet. Is that fair?

I really hope for your sake that you are not in dire straits. Even if you are not, read some of the stories on this site and have a little empathy.

[dizzydeedee]

THe only info I can give about Lowell Financial LTD is that THEY are operating legally..........BUT Lowell Portfolio 1 Ltd & Lowell Portfolio Ltd 2 are not.

 

These two companies are not registered with the Information Commissioners Office as data Processors if anyone is having hassle from these two, this info will be of a lot of help to them.

 

Sparkie1723

 

Lowell Portfolio is who I have to pay the £10 to monthly. If they are not registered, are they actually allowed to take this money from me? Where do I stand with regards to that?

[thereshope!]

Hello Ms/Mrs/Mr Gravitas

 

Charmed to hear your comments...

 

Read people's circumstances before making rash judgements. I had debts run up on a subsidiary card by a now ex partner after I had written to the credit card company to cancel my (main) card and his, obviously.

 

But now I find that I, not he, is liable for the debt,and God knows where he is now...

 

In most cases, people have been placed involuntarily in bad circumstances because of illness, divorce, redundancy, etc. And most people are trying to defend themselves against companies who put interest on top of interest, charges on top of charges and take advantage of these situations, then threaten court action ans try to scare the life out of them. Most debt collection agencies buy a debt from a company for about 5% of its worth, then try and collect the full debt and make a packet. Is that fair?

I really hope for your sake that you are not in dire straits. Even if you are not, read some of the stories on this site and have a little empathy.

 

 

Well said Mave !

 

Dont know about you guys but dont come across many trolls on the CAG site ?

 

It can be really hurtful when people judge and criticise , and as I said there are very few of these trolls lurking amongst us ,thankfully !

 

I think that gravitas was in a BAD mood this morning as they had a dig at me too.

 

I also posted a reply as gravitas accused me of trying to get out of my moral obligations !

 

The cheek !

 

So dont take it to hart Dizzy.

 

Some peeps just buzz off others misfortune.

 

I know it's hard but try not to feed into their mindset.

 

As they say on MSE site " DONT FEED THE TROLLS " !

 

Good luck Dizzy and I hope your health improves

 

Take care

 

Hope xx

[diskmandave]

THe only info I can give about Lowell Financial LTD is that THEY are operating legally..........BUT Lowell Portfolio 1 Ltd & Lowell Portfolio Ltd 2 are not.

 

These two companies are not registered with the Information Commissioners Office as data Processors if anyone is having hassle from these two, this info will be of a lot of help to them.

 

Sparkie1723

 

Thanks for that Sparkie:)

 

How does this help us? I've just CCA'd Lowell Financial, with regard to your info' what kind of letter would you suggest?

 

Regards - Dave

[diskmandave]

Bump!

[CG7]

Hi Tifo,

So I wonder where i stand then on this point, Barclaycard was the original creditor, years later it was sold on to Robinson way and now its been sold again to Lowell, would you say that this is legal as I have received a letter to say that they are sending a Debt collector round to my address. What do you think I should do.

[Sparkie1723]

CG7

First Point .....Id like to say is that when Barclaycard sold this debt to Robinson Way....Robinson were not ....and still are not registered as a data processor with the Information Commissioners Office.

Under the 1998 Data Protection Act and... are not on the Information Commissioners Office register of data Controllers .

"Processing" data now..... means the obtaing of information and the holding of information.

(They are still not regstered by the way)

 

Processing data without a licence is a Criminal offence,

 

Robinson way committed a crimal offence when they accepted/ bought the debt along with your personal information.

 

Barclaycard by assigning the debt and your personal informtion along with it, also committed the offence because they are responsible for the vetting of the companies they pass your information to,

 

Furthermore Robinson Way have committed a further criminal offence by passing the debt and again your personal details, data and information on to Lowell Finance Ltd.

 

Things get worse from what I can find out and discover Lowell Finance Ltd are also not registerd with the Information Commissioners Office as data processor, and if what I have found out is correct Lowell Finance Ltd are also committing criminal offences by obtaing your information, and processing it further.

 

In other words you have got the lot committing these offences and then threatening you with a doorstep collection visit. You can take action through the courts against all three and claim compensation from all three of these Idiots.

 

You can also report them to the ICO for them to take action under section 55 or 61 of the DPA and they are having a purge on DCA's who aren't registered at the moment, because they are a lot of them

 

Sparkie 1723

[CG7]

HI SPARKIE

 

Thank you so much for that, but where do i start, is it with Barclaycard or Lowell. please advise me as to where i go from here.

cg7

[Sparkie1723]

I've corrected my post but it doesn't matter too much,

 

The other question is... is it Lowell Finance Ltd ...OR Lowell Financial Ltd that are hassling you ... now that could make a lot of difference???

 

I'll tell you what way I'd go in a pm if thats OK???

Sparkie1723

[CG7]

HIYA SPARKIE1723

 

I think i Know what you mean ??? and yes that would be fine, asap please

[CG7]

ANOTHER THING SPARKIE

The first letter came from Lowell Portfolio 1 saying ...

 

We hereby give notice of the assignment of the debt due to us from you in respect of xxxx outstanding to barclaycard

 

On your account was sold to Lowell Portfolio 1 Ltd

 

Lowell Financial Ltd have been appointed duly authorised collection agents on behalf of Lowell Portfolio 1 Ltd and any further communications and payments must therefore be addressed to Lowell Financial at the address below

 

They actually bought the debt from Robinson Way and not Barclaycard.

 

Please advise me what to do next.

[CG7]

Still waiting sparkie1723, You haven't forgotten me have you. don't mean to pester, just anxious.

[tifo]

do Lowell state they bought it from Robinson or Barclays?

 

also, is it '1 (as in a number) or an 'I (as in a letter)' after their name because they are only registered as 'I and II' for data collection.

[CG7]

Hi,

its definately Lowell Portfolio l Ltd. and it just says original creditor Barclaycard, no mention of Robinson Way who i paid the payments to for a few years all. it just says

 

on your account was sold to Lowell Portfolio l Ltd

 

and if you look at the 1 or l or I which is it.

 

I think I am going mad.............