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robbersway for barclaycard, now sold to lowells


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The trouble is Gizmo111

I almost resent paying Lowell's the money because they only paid peanuts for it, it was originally sold from barclaycard then on to Robinson Way and now on to Lowells, and its so OLD. (bit like me really):)

 

Hi

 

My hubby has also recently received threatening letters out of the blue from Lowells regarding an old B/Card debt.

 

I decided to send the CCA request but also challenged them on their supposed authority to process hubby's personal data.

 

I sent letters to both Lowell Portfolio I Ltd (who supposedly have bought the debt) and Lowell Financial Ltd who are collecting it. (not!)

 

If your situation is similar you might consider doing the same. My letter to Lowell Portfolio was signed for on 26/1 and so far haven't heard a peep! :cool:

 

Have copied my letters below. Copy and change as required if you want to try this.

 

Regards, Pam

 

 

 

Lowell Portfolio I Ltd

Enterprise House

1 Apex View

LEEDS

LS11 9BH

Your Reference No. .........

date.........

 

Dear Sir/Madam

 

Request for information under the Consumer Credit Act 1974 – Sections 77/79

 

Further to your letter of .......... 2006 in which you claim to have purchased a debt allegedly formerly owed by me to Barclaycard, I am hereby requesting a true copy of the executed credit agreement that relates to this debt under the provisions of sections 77/79 of the above Act and hereby enclose a payment of £1.00, being the fee payable for this information under the Act.

 

Please note that I do not acknowledge any debt to your company unless, or until, a true copy of the signed executed agreement is sent to me, together with proof that the alleged debt has been legally assigned to yourselves.

 

Further, I note that you have passed this debt to another company within the group i.e. Lowell Financial Ltd

for the purposes of collection and have therefore supplied this company with my personal data.

 

If this alleged debt has been legally assigned to you then the right to process any personal data relevant to the credit agreement allegedly entered into may have possibly passed to you provided that the borrower's authority was obtained in the original agreement. Until I have sight of that document I do not acknowledge any authority from me for Lowell Portfolio I Ltd to process such data. Until such authority is proven to have vested in your company I am requesting that you immediately cease and desist from all processing of my personal data.

 

Even if such authority is subsequently shown to exist in relation to your company, you have certainly NOT

requested and I have NOT given any permission for my personal data to be passed to or shared with Lowell

Financial Ltd (an entirely separate company). I shall therefore also be writing to Lowell Financial Ltd to request that they cease and desist from processing my data immediately.

 

Please note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and if this persists I will report both Lowell Portfolio 1 Ltd and Lowell Financial Ltd to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office.

 

I look forward to receiving the requested document and your response to the Data Protection Act issues at your earliest convenience.

 

Yours sincerely

 

 

 

Lowell Financial Ltd

Enterprise House

1 Apex View

LEEDS

LS11 9BH

Your Reference No. .......

 

date......

 

 

Dear Sir/Madam

 

I am in receipt of your letter dated ......... 2007 and note that you are requesting payment on an alleged debt recently purchased by Lowell Portfolio I Ltd.

 

Firstly, I would like to point out that I do not acknowledge any debt to Lowell Portfolio I Ltd and have written to them regarding this matter. I enclose a copy for your information.

 

You will note also that unless and until I receive a copy of the original executed consumer credit agreement from Lowell Portfolio I Ltd, I do not acknowledge having given them any authority to process my personal data.

 

Lowell Financial Ltd, on the other hand, is an entirely separate limited company that would not have acquired any contractual rights whatsoever under any assignment of this alleged debt to Lowell Portfolio I Ltd.

 

I have certainly NOT given and DO NOT intend to give my consent for your company to process or share my personal data, which includes the sharing of such data with Hamptons Legal (a 'trading style' of Lowell Financial Ltd) from whom I received a threatening letter regarding this alleged debt on ......... 2007.

 

Please note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and I hereby request therefore that both you and Hamptons Legal immediately cease and desist from such processing (in any form and for any purpose) of my personal data.

 

I expect written confirmation that the necessary action has been taken to comply with this request within 7 days of receipt of this letter, failing which I shall report your company to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office.

 

Yours sincerely

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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You need to send the CCA request to the creditor, which in this case is Lowell Portfolio I Ltd as it is they who have bought the debt.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi CG7

 

Don't be nervous - you are in the driving seat now! You have the information, the support and the advice that this site can offer. Whatever the result of your letters, you will be able to deal with the situation in an informed and positive manner.

 

Lowells are now 5 days into the 30 day period for non-compliance with my request. You can follow my progress on the link below as I am ahead of you.

 

Regards, Pam

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59677-re-assignment-debts-dcas-3.html

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi All here is a link to the information comissioners website - you will find that they are not registered directly or listed as part of a group Register of Data Controllers - find out what personal data is being processed

 

Hi

 

Sorry, but they are registered. You have to search as Robinson, Way and Company (with a comma).

 

Oh - What's a Mook has beaten me to it!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Thanks to you all,

 

I have the most appalling luck actually, my own family call me Jonah. :lol:. So i will sit back and wait for them to have all the relevant papers going back to the early 90's:( God i hope not.

 

cg

 

Yeah, just chill! Update us when you have any response and want feedback.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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  • 2 weeks later...

Hi

 

Hamptons are just a 'trading style' of Lowell Financial and so are one and the same! I would just send a letter to Hamptons telling them that you do not acknowledge any debt to Lowell Portfolio 1 Ltd (they are the legal owners of the alleged debt) and that you are still waiting for them - LP1 Ltd - to comply with your request under CCA s77/78. Don't remind them of how much time is left - don't want them hurrying now do we! ;)

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

You could attach a copy of your original CCA request to LP1 Ltd to your letter, just for clarification, but you do not need to CCA Lowell Financial or Hamptons or send them any money - neither of these are the new creditor - LP1 Ltd are, and it is they who must comply even though it's LF/Hamptons who are doing the chasing of this debt.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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  • 1 month later...

Hi

 

Can you scan or photograph the documents and post them up here (blanking any personal info)?

 

Image hosting, free photo sharing & video sharing at Photobucket

 

You can register on this site (used by many CAGers) then follow the instructions to upload. Once the image is uploaded photobucket gives the image an IMG code - you simply copy the IMG code into the CAG forum. It's easy - so I'm told!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi again

 

I've noticed that you've already said on this thread that you don't have a scanner, so if you haven't got a suitable camera either then you need to check the following on each of these documents:

 

Read all the print carefully and see if ALL of the following are present on each:

 

The Credit Limit (or a statement saying how it will be decided and notified to you)

 

The Interest Rate

 

The amount/frequency of repayments.

 

If ALL of these prescribed terms are not present then the document is totally unenforceable.

If any of these terms are missing, send them a suitably adapted version of my suggested letter in Post 2 in the following link:

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html#post702982

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

I'm afraid the images are too small for me to be able to read them (even when clicking to enlarge) but they both appear to be applications to me.

 

The crucial test is the inclusion of all of the prescribed terms as listed in my previous post. If either document does not include all of these then it is totally unenforceable, irrespective of whether it's actually a 'real' agreement or not!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Have sent out SOS!

  • Haha 1

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

It's a good idea IMO to put it in every letter - just so that they are in no doubt!! :D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

It means ' in my opinion' :)

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

Was this actually in reply to your letter asking them for a copy of a 'proper' agreement?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

Just ignore these letters from Lowell but file them away with all the rest of your now increasing paperwork! :rolleyes: They have still not complied properly with your CCA request and therefore are NOT allowed to enforce the agreement until they do.

 

I know it's all a bit unnerving but YOU are in the driving seat now so keep calm and wait it out. :)

 

Regards, Pam

  • Haha 1

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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  • 3 weeks later...

Hi

 

Well, frame letter No.2 and guard it like the Crown Jewels!

 

Shred letter No. 1 and deny all knowledge of it! :D

 

They can't take you to court anyway, they obviously don't have an enforceable agreement otherwise they wouldn't have sent letter No. 2.

 

Job done!! ;)

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

This is yet another case of right hand not knowing what left hand is doing.

 

Send them a copy of Lowell's letter and advise them to check their facts!!

 

Lowell's will have asked B/Card for the copy of the agreement to send to you in the first place and obviously there isn't one to be had - so no matter who Red Debt's clients are, they are up a gum tree!! :D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Dear Red Debt (a trading style of Lowells)

 

Please see attached letter from your alleged parent company. IF you do not recognise this as your parent company then I can only draw the obvious conclusion and that is you do not know who your parents are.

 

In which case, you must be a b*****d!! :rolleyes:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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