Lowell Financial CCA Letter Mumbojumbo reply

[laureli]

Hello

 

I have been contacted by the lovely lowell group, portfolio I, and financial... both by phone and letter, and after a couple of confusing months I did my homework and found your site.

 

The story so far is this:

 

Skip to the read from here if you dont want to read war and peace

 

They sent me a letter saying I owed 164 quid to HSBC - with no HSBC reference or further information. I found this a little odd as I have banked with HSBC for over 20 years (yes I know im dumb, but im also lazy), and have never been contacted about this debt by them, ever.

 

I contacted the bank and they didnt know anything about it. I had a managed loan forced on me in 1999, incorparating a credit card and an overdraft. this was satisfied in 2001.

 

Now, after contacting Lowell Portfolio by phone and asking for evidence of this debt so I could get it rectified, they helpfully sent me a letter from Lowel Financial saying that HSBC had told them I do owe the debt - and thats that - so I call them and say, Im getting the bank to look into it but without any references Im having a bit of trouble... I get another letter on the 21st December saying (and I quote) : "further to our letter dated the 13th November (the letter they first sent was actually on the 16th) regarding your query relating to the aove outstanding balance (of which there was no reference from HSBC again).

 

In our letter to you we confirmed that statements from HSBC have previously been sent to you and that no further fees or interest have been added to your account following its purchase by Lowell. (what - just lowell now - are we on first name terms already?)

 

We have no record that you have contacted us to discuss this matter... etc etc. contact us on blah, so that we can get your money (Ok, I have paraphrased the last paragraph but you get the jist).

 

Being the helpful soul I am I contacted them and explained the situation - ie. I didnt think this debt was correct and that I was trying to sort it and get evidence from the bank.

 

The bank are next to useless however, and have not been able to get bottom to speak to elbow... and have now sent me a letter with someone elses credit card number on it saying they're looking into it.

 

Further to this - HSBC have stated that this is a cock up, they acknowledge that I couldnt have had a credit card when in a managed loan and that no, they didnt send me statements, its all a big mistake, but that they do have to figure it out officially before they can put it in writing (very sorry and all of that, but you'll have to wait whilst we figure it out). Oh, and that its difficult because this goes back to 2000 and they dont have any paperwork . opps. They did sell a debt on to metropolitan in 2000, but they're not sure what for now, and they've never heard of or from Lowell... unless you include complaints from customers saying they've been contacted in error.

 

Anyway - getting back to the happy chaps at lowell:

 

I call them up and they get shirty on the phone and basically call me a liar. They say nasty things about debtors and how 90% of people who call do owe the money and that this is a stall tactic, and they will chase the debt until its paid.

 

I get another letter shortly on white paper this time, saying Ive not contacted them (um, who's the liar now), and that someones going to come to my house (scarey), and that I must contact them URGENTLY.

 

I get a little annoyed at this and finally get on the net and do my homework. I find this site, and then call the CAB and my bank, who all tell me to send them a letter asking for the orignal CCA in 12 days or do one - numpties.

 

I send this on the 5th Feb, but like a plank I didnt do it recorded... but then THEY call me on the 8th, and say they received it the day before... this is actually after a little bit of pushing, because the guy on the phone is actually trying to just get me to pay.

 

I tell them they have 12 days from his call because Im nice and to not contact me again unelss its with a photocopy of the CCA.

 

on the 9th feb I get a postcard from them saying someones been to the house (yes, the postman looking at the postmark on the back) so I call them up and have a grump.

 

AND THEY ASK ME FOR MY PASSPORT!!!!! WTF???? they then say this is so they can see my signature - and tell me the letter I sent and the cheque for a quid isnt good enough. I ask the guy to give me his name and he wont and he hangs up.

 

So I call them back and say I want to speak to a manager / supervisor and after an hour the guy gets fed up and puts a woman on the phone. She asks me if Im sure that its 12 days.... and says she'll hold the account.

 

READ FROM HERE IF YOU JUST WANT THE JIST

 

Today I get a letter from Nigel Beaven, who appears to have been promoted to supervisor (congrats nige), saying he's got my letter asking for the CCA:

 

Quote:

"We are in receipt of your request for a copy of your cca in this matter in accordance with section 78(1) of the CCA 1974.

 

We are also in receipt of the prescribed fee from you. (better cash it quick nige, Im a debtor, I may not have a pound in there for long).

 

We are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement. (good luck, they couldnt give ME a copy and they've never heard of you).

 

While we endeavour to reply to you with the required information within the prescribed 28 day period under the CCA 19744 you will appreciate this is dependant upon reciept of the info from your original creditor.

 

We will advise you further if it will take longer than the prescribed period and the reason to supply the required information"

 

WTF>????? Is this right? I called them and some guy tells me that its 28 days for them as they've bought the debt. its only 12 days for HSBC... and he kept saying THATS THE LAW.

 

I told them you've got 12 days and I dont want any contact from you after that and he said "We'll see about that"

 

So, now Im stumped - have I missed the point? Is it 28 days for these people, or is it 12? and How does that part work - i noticed that its 12 days + 28 days and then they're breaking the law but Im not sure how - can someone explain it to me?

 

Thanks in advance you lovely, lovely people,

 

Laureli

[beancounter]

First I've heard of it. 12 days per the CCA. If the new purchaser stands in original creditor's shoes then surely it's 12 days for them too. Get the guy to quote you the revevant statute that says 28 days. Bet he can't!!

[diskmandave]

It's 12 days (+2 for delivery), original creditor or not. Read the Act.

Always send stuff like this by REC/DEL.

 

After 12 days they're in default and whilst it is, it's un-enforceable even in court, if in default for a full calendar month an offence has been commited.

 

That letter you got off Lowell laureli is a standard computer letter the same as the one I got.

 

And it's never a good idea to talk to these kinda ppl on the phone. Keep it in writing so there's a papertrail and nothing can be denied.

 

Good luck, Dave.

[laureli]

yeah lesson learned on the recorded delivery thing...

 

can anyone explain what the criminal act is?

 

Also, I did ask them to tell me where it was in the CCA 1974 that they've got 28 days and he said section 77...

 

Id still also like to know what they wanted with my passport!

[diskmandave]

yeah lesson learned on the recorded delivery thing...

 

can anyone explain what the criminal act is?

 

Also, I did ask them to tell me where it was in the CCA 1974 that they've got 28 days and he said section 77...

 

Id still also like to know what they wanted with my passport!

 

1. Not supllying a true copy after 12 days +2 and then a calender month.

2. don't ask them to tell you anything!!! It's not your job!!! They have to comply with the Act, it's not for you to be chasing them!

3. Hiding behind Data Protection Act! Answer to this is that they didn't

need your passport to write to you in the first place! Call their bluff!

 

Don't give in to these bullies!

 

 

 

[laureli]

thanks guys... you've got no idea how much of a help this site is. Im hoping that if I learn enough I can hang around and be help to some other people.

 

Does anyone know where the criminal act that they're about to commit is described?

 

Ive just about had enough of this company... and I imagine they're not alone in their tactics.

 

If I was alone, or old and vulnerable, I think all of this would have worked. They talk to me like Im a low life (when the truth of the matter is I worked hard to not be in debt, and when I was I was at Uni).

 

The letters, the misleading information, the utter contempt from these people disgusts me. And I know that for the majority of letters they send out must work - or they wouldnt use these bully boy antics to get at your money.

 

I fear for the old and vulnerable that get taken in and make themselves ill over these threats - and for all of those that are paying back amounts they cant afford to satisfy Lowell who must pay all of 20 pence in the pound for these debts.

[beancounter]

I'm with you. DCAs are hounding my mentally ill wife relentlessly. I even sent them a letter from her GP saying the stress they were putting her under was "clearly detrimental to her mental and physical health" but they just piled on the pressure further hoping we would cave in. Well,the gloves are well and truly off now. It's outright war against DCAs everywhere!

[diskmandave]

I'm with you. DCAs are hounding my mentally ill wife relentlessly. I even sent them a letter from her GP saying the stress they were putting her under was "clearly detrimental to her mental and physical health" but they just piled on the pressure further hoping we would cave in. Well,the gloves are well and truly off now. It's outright war against DCAs everywhere!

 

Don't they just make your blood boil!

 

Send them a letter headed, Protection from Harrassment Act 1997

and why you don't ever want to hear from them again! And, of course, if they

should feel the need to call again, that they'll be sued/reported for committing a criminal offence...

 

Good luck, Dave.

[nearlyoldwoman]

AND THEY ASK ME FOR MY PASSPORT!!!!! WTF???? they then say this is so they can see my signature - and tell me the letter I sent and the cheque for a quid isnt good enough. I ask the guy to give me his name and he wont and he hangs up.

 

 

scary, LINK FINANCIAL asked me this on friday, i've never heard anything so ridiculous!, but saying that, every time they've phone me they've never asked all that "are you miss such and such, confirm address, confirm BOB" etc, my radar shot up straight away, i thought it was a delay tactic as no-one in their right mind would send driving license/passport etc but having a look round here it seems these companies will try any trick in the book.

anyway, keep us posted:)

[laureli]

LOL They called again, and I sat and said you could be anyone... whats your name, and your date of birth... and can I have YOUR passport.

 

The guy on the phone wasnt too impressed... so I said you know what Im going to say next dont you? he said no - I said that he surprised me. and that the conversation was over, and he could put whatever he wanted in writing, other than that I was convinced he was a [EDIT] and I wouldnt entertain his tricks over the phone.

 

He tried to persist so I asked him if he'd considered taking jesus into his life and he hung up. I guess he was an atheist.

 

Next call I get Im gonna just say Tick Tock Tick Tock Tick Tock until they hang up on me.

 

Bunch of Doofuses.

[beancounter]

Diskmandave - thanks for your most helpful advice and support as always.

[laureli]

The only reason - and I mean the ONLY reason I knew not to send them the passport or driving licence was because of a Watchdog report on BBC one recently.

 

It was about DCA's and how they blanket post to people of the same name hoping for a reply.

 

The advice from them was vague at best, but they did say NOT to give over your personal documents.

 

Im shocked that these companies can do things like this, and the man in the street is pretty much unable to do a thing about it.

 

You can say you're going to the OFT but they dont care, you can go to the CCA but they're a voluntary organisation and they cant really do anything either. Nobody ever really does anything to stop them.

 

I dont see why it should be down to us to proove we dont owe a debt, it should be down to them to proove we do, and for them to stop chasing for the money until they can prove it.

 

The stress and undue aggravation they cause people is disgusting - and now, Ive realised the money they make from blanket chasing must be humungous - I paid over half of this debt off before I realised it was a mistake.

 

How many people do you think are paying for debts that are not theirs? and how many debtors accounts do you think they have two or three people paying off at once because they dont realise that its not their debt?

 

Id like to see how much money they are supposed to be making from debts, and how much they actually do make - because I have a sneaky feeling that if me and another miss X were to call them about the same debt, I'd bet they'd take both lots of payments.

[mole-inside]

ok, firstly ALWAYS REQUEST TO SPEAK WITH A SUPERVISOR!

 

secondly, Protection from Harrassment Act 1997 will do nothing for Lowell group, they have the right to contact you (up to 3 times a day unrequested) while they believe the debt is outstanding by you , IF they find out it isn't yours, or the debt has previously been paid, you'll get an apology letter saying so.

 

Lowell aren't a DCA, they are debt purchasers, meaning if you go to HSBC, etc asking for original docs, etc, the monkeys in their call centre won't ever heard of Lowell. surprisingly enough, when seniors at HSBC decide to sell their accounts, they don't inform the muppets in the call centre! They sell the accounts because they don't want to deal with them, and once they do, they have no obligation to speak with you. simply put, once it's sold, anything the muppets in the call centre for HSBC tell you is most likely made up on the spot.

 

When these companies decide to sell the debt, they will send you a letter advising you so, BEFORE Lowell contact you.

 

If you believe the debt is not yours, or has already been paid, do not lose your temper (they get paid to deal with angry people) - just tell them that you do not believe it is outstanding, and you request a copy of original statements (they will them go into schpiel about paying, calmly say you have no intention of paying until statements have been provided).

 

They have 14 days (including delivery time) to contact you and let you know when the original docs will be with you, not when they have to be there.

 

If you don't believe you owe the debt, request original statements as per CCA, I think a lot of you actually owe the debts and just have no intention of paying it off, (time wasting tactics like talking rubbish about Jesus down the phone doesn't help either of you, DUH!)

 

 

Oh, and Nigel Beaven has been within Lowell Group (Head of their 'Special Projects' department to be precise) since day 1, knows his stuff, and if I'm honest, can be helpful to have on your side if you get the privilege of having him on the phone!

 

Oh, and in case you didn't guess, I work with one of the Lowell Group's companies...any further questions...?

[ODC]

ok

Oh, and in case you didn't guess, I work with one of the Lowell Group's companies...any further questions...?

 

I have a couple.

 

Why do Lowell threaten all sorts when they know that they have not got a properly executed CCA and therefore the debt is UNENFOCABLE

 

Why do Lowell claim to have sent their Licemsed Field Agents to my door when this is in fact a BLATANT LIE

[renegotiation]

ok, firstly ALWAYS REQUEST TO SPEAK WITH A SUPERVISOR!

 

Why don't you just train your staff more adequately?

 

secondly, Protection from Harrassment Act 1997 will do nothing for Lowell group, they have the right to contact you (up to 3 times a day unrequested) while they believe the debt is outstanding by you.

 

Please point me in the direction of where this 'rgiht' is located so I may scrutinise it. Thanks.

 

Lowell aren't a DCA, they are debt purchasers, meaning if you go to HSBC, etc asking for original docs, etc, the monkeys in their call centre won't ever heard of Lowell. surprisingly enough, when seniors at HSBC decide to sell their accounts, they don't inform the muppets in the call centre! They sell the accounts because they don't want to deal with them, and once they do, they have no obligation to speak with you. simply put, once it's sold, anything the muppets in the call centre for HSBC tell you is most likely made up on the spot.

 

There are obviously no muppets working for Lowell who make things up on the spot I am sure!

 

 

If you believe the debt is not yours, or has already been paid, do not lose your temper (they get paid to deal with angry people) - just tell them that you do not believe it is outstanding, and you request a copy of original statements

 

Just like the bloke in Wales did who appeared on 'The One Show'. Yes, good work Lowell!

 

(they will them go into schpiel about paying, calmly say you have no intention of paying until statements have been provided).

 

Why don't they just listen to what they are being told?! You seem to be openly admitting that it's ok for them to request payment when someone has told them the debt is not theirs!!! That's simply disgusting! 'Oh, just calmly tell them otherwise.' WTF. Some people are easily intimidated you ******* jerk and it is actions like that which probably caused the suicide of Beryl Brazier.

 

They have 14 days (including delivery time) to contact you and let you know when the original docs will be with you, not when they have to be there.

 

LMAO. I don't think so.

 

If you don't believe you owe the debt, request original statements as per CCA, I think a lot of you actually owe the debts and just have no intention of paying it off, (time wasting tactics like talking rubbish about Jesus down the phone doesn't help either of you, DUH!)

 

Sure, all the people losing their homes just took the time wasting too far. It's got absolutely nothing to do with them not having any money! You're a real self-deluded dullard. The only reason you are on here is for the benefit of your 'personal' financial situation. GREED. Is it going downhill fast mate? You try to self-justify and probably half-believe your own garbage. Get real!

 

 

Oh, and Nigel Beaven has been within Lowell Group (Head of their 'Special Projects' department to be precise) since day 1, knows his stuff, and if I'm honest, can be helpful to have on your side if you get the privilege of having him on the phone!

 

Cheers for that. Great.

 

Oh, and in case you didn't guess, I work with one of the Lowell Group's companies...any further questions...?

 

No, I guessed pretty quick. My big question is do you realise you talk out of your backside or are you just blissfully unaware of it? Ignorance is bliss as they say.

[JonCris]

"They have a right to contact you unrequested upto 3 times a day"

 

Where the hell did that come from. The law according to Lowell I suppose. Again utter rubbish.

 

If you don't owe the debt Lowells or anyone else has no right whatsoever to contact you at any time & if they do it's harrasment

 

"The Protection for Harrasment Act 1997 will do nothing for Lowell".

 

By that comment I assume it's meant that Lowell will just ignore it thinking they are above the law as usual

 

Great everyone just remember to cut & paste that comment from a Lowell employee into your next letter to them & the OFT

[Strand08]

Nigel Beaven is most probably mole-inside. We will not pay unenforcable debts Nigel. If you want to waste your money on fresh air, you must know your stuff.

[ODC]

Nigel Beaven is most probably mole-inside. We will not pay unenforcable debts Nigel. If you want to waste your money on fresh air, you must know your stuff.

Either that or Moley is a VERY good friend of Nige's judging by his sycophantic ramblings.

[JonCris]

Originally Posted by mole-inside

They have 14 days (including delivery time) to contact you and let you know when the original docs will be with you, not when they have to be there.

Oh my Gawd do Lowell staff actually believe that drivel

[JonCris]

I think we should all send greetings to Nigel............. on a daily basis

[dannyboy660]

It's very unlikely that Mole-Inside is the genuine article as Lowell employees run the risk of dismissal if they are found to be posting on these sites, and even the lowliest phone monkey isn't so ignorant as to how the collection process works. My money is on just another oddball (or perhaps the same) with some health issues.

 

Either way, the message is clearly "Don't get done, get Dom" and the advice given by a Lowell employee on a public forum about borrowing money to pay them etc, will no doubt be of further interest to Auntie Beeb's researchers who seem to be a bit more interested now the law has swung back in favour of the Consumer, and probably 80% of the population are getting begging letters from DCA's at the moment. These are interesting times.

[renegotiation]

Maybe he has more than 2 brain cells and realises Lowell won't know which employee he is? I did think it odd though that he resurrected a thread from 4 months ago and, as you mention, made a lot of factual errors.

[JonCris]

Thing is I don't think he/she was trying to mislead us intentionally. I really do think they believe all that claptrap.

 

If now't else it served to gives us another wonderful & informative insight into the world of those who work for DCA's

[dannyboy660]

It's that kind of trolling and spreading of misinformation that I find really annoying. If this person was posting anti semitic, racist or inflammatory religious crap in a site intended for the benefit of people of a certain persuasion, then they would be instantly blocked and maybe even prosecuted if possible. It's blatantly obvious this stuff is only being posted to mislead, misinform and provoke, for the amusement of someone who has quite serious mental health issues.

 

CCA'74 and various laws exists to protect vulnerable people from the vicious harrassment and bullying carried out by third party purchasers/DCA's who can only take over an account with your knowledge, co-operation and agreement. I'd rather see 100,000 outstanding accounts go unpaid and purchasers lose part of their profits, than read about just one more 'Beryl Brazier'. The majority of these 'debts' have been settled through tax anyway, and for a civilised modern society to turn a blind eye to this kind of bullying over money in the 21st Century is absolutely staggering.

 

Is it any surprise HMG uses any excuse possible to monitor websites, 'phone calls and e-mail traffic when there are so many freaks on the loose amongst us??

 

JC, fishmongers don't spend their evenings staring at Goldfish in a tank, are you convinced that turd is a real DCA employee when they quite obviously have no idea what they are talking about, and not even very convincing???

[JonCris]

danny I DO think it's an employee of Lowells cos much of what they stated I've heard before primarily from other DCA's who know nothing of the law or decency

 

They are convinced that what they claim IS correct why? cos their boss told 'em that's why