Lowell Financial/Red debt collection services

[Doone175]

I reported Lowells to Leeds Trading Standards, but because I dont live in their area, they passed the complaint onto my local council. I am absolutley sick of Lowells and their standard letters, and these cards they send through the post pretending someone has been round to the door. The last letter I sent was size 28 font and advised them I was not writing back to any of their standard letters again. Now the court action letter has arrived, 3 days to pay or else court action.... Bring it on. Maybe that way we can be taken notice of at last. It does not surprise me that they are harrassing people, and for fairly small amounts of debt. Hamptons the pretend legal department too! Bunch of amateurs.

[ODC]

Leeds TS ARE actively investigating this shower and their activities.

[ebony and reg]

please can anyone help me, my husband recieved a letter from mackenzie hall oct 07 saying my husband owed a debt of over £15,000 pounds, we then had lots of text messages (nasty ones) threats of all sorts, by this time i'd had enough, i wrote them a letter stating my rights the debt is statue barred as it was defaulted in 2001 and not to harrass me again which i sent recorded delivery and kept copies for myself, didnt hear anything till today 21st feb o8, a letter now off red debt part of lowell saying they are now going for bankcrupcy and if i dont pay it will be bailiffs coming round, do you think i should send them the same letter i sent to mackenzie hall as it seemed to have worked or can you guide me on what other way i should go about this. kind regards ebony and reg

[ODC]

Send this to Lowells

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

And this to M Hall

ACCOUNT IN DISPUTE

LETTER BEFORE ACTION

Dear Sir/Madam

 

Re: Account Number: xxxx xxxx xxxx xxxx

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

I am absolutely amazed by your company’s disregard for OFT Guidelines and legal process and procedure.

 

Not only has your company broken a number of OFT Guidelines for Debt Collection,

 

Including;

 

UNFAIR BUSINESS PRACTICES

Communication

S2.2g g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

False representation of authority and/or legal position

S2.4b falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

 

Physical/psychological harassment

S2.6a contacting debtors at unreasonable times and at unreasonable intervals

And

S2.6 ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

Also the WHOLE of section 2.13/14 concerning Statute Barred Debts.

 

 

You have also failed to comply with my properly formatted Consumer Credit Act 1974 section 78 request, sent to your office by recorded delivery on 27th April 2007.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed, punishable with a £2,500 fine and/or six months in prison.

 

I must inform you that as of the ** FIRST DATE **, this alleged agreement is unenforceable and will be a criminal matter on the ** SECOND DATE **.

 

Further to your appalling business practices your company has been reported to Trading Standards and I am working closely with them regarding your apparent contempt for the law.

 

This will be the FINAL time I will contact you regarding this alleged debt too your company. All further correspondence will be conducted via the proper legal channels within Trading Standards and possibly The Office of Fair Trading, Financial Ombudsman Service and the Financial Crime Branch of HM Treasury.

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

I would appreciate your due diligence in this matter.

 

 

Yours faithfully

[ebony and reg]

hi i have contacted red debt collections services anonymously and had a go at them for wrecking peoples lives and about breaking the law, they replied that its not against the law to buy a debt of another debt agency but when the debt is statue barred they cannot take it to court for the money or send bailiffs, so i asked why they were still asking people for the money then, his reply was they took loan out or credit card and spent it happily now they need to pay up. i then put the phone down in disgust.

[ODC]

when the debt is statue barred they cannot take it to court for the money or send bailiffs, so i asked why they were still asking people for the money then, his reply was they took loan out or credit card and spent it happily now they need to pay up. i then put the phone down in disgust.

The of course forget to mention that the Original Creditor has written the debt off against tax an Lowells and their like have bought it for pennies in the pound hoping to make a nbig fat profit. They have no morals themselves in the way they rtreat people so why do they try to take the moral high ground against others.

[theywontwin]

Update re RED DCS

 

After sending CCA request to them, received letter this morning (22nd Dec 07) saying:

 

"We are in receipt of your request for a copy of your credit agreement in accordance with section blah, blah.

 

We are also in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

 

Yours sincerely

 

(MODS delete name if necessary) Alison Shepherd

Customer Service"

 

What course of action do I take now? Not a word from anyone, so that's well over the 12 day timescale and the 30 day limit, so do I send another letter? If so saying what exactly? Or do I just report them directly to Leeds OFT/TS?

 

Thanks for your help.

[Anthony Blaine]

if you have a complaint against this organisation simply contact the OFT with details and copies of their letters. Do not answer Reds letters or phone calls. I did this and got a letter from Red with an apology and told the file was closed. Simple

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

The more complaints against them the more likely their license will be withdrawn.

 

Really this is all you have to do. Just do it and forget the B..s, don't talk or write. Anything they threaten to do will take longer than the OFT to contact them.

[theywontwin]

Will do, thank you.

[ebony and reg]

hi had letter off red which they claim my husband owes £15643.33 which defaulted in 2001 which i might add my hubby knows nothing with this letter was 2 more letters being statutory demand under section 268(1)(a) of the insolvency act 1986. debt for liquidated sum payable immediately saying i should present this to my local county court to be set aside, i am really confused because i thought they could not take anyone to court or apply for bailiffs if it was statue barred, a recent telephone conversation with them saying we requested all the info on this loan, ie;amount of original loan, date taken out, date defaulted payments, how much charges cost, who debt was passed on from and so fourth, they said they didn't have this information on the amount what we owed, anyways i have sent them a letter by recorded delivery fao; andrew bartle at red stating my rights on statue barred debts, am i right in doing this or should we be worried about it, look forward to your reply thanks

[ebony and reg]

sorry another question, would a telephone call act has a acknowlegement or debt or just unmissable evidence, i would assume it would only count if written confirmation. thanks

[ODC]

They cannot take any legal action on Statute Barred debts. Have you sent these clowns the Statute Barred letter by Recorded Delivery.

 

They seem to have developed this new tactic of issuing Statutory Demands like confetti. It is important that you go to your local court to get this SD set aside. You have at least two grounds to apply for the Set Aside. 1. The debt is Statute Barred 2. The Statutory Demand was improperly served. They should have tried personal service first of all and if that was unsuccesful then the Courts may permit service by FIRST CLASS mail.

[ODC]

sorry another question, would a telephone call act has a acknowlegement or debt or just unmissable evidence, i would assume it would only count if written confirmation. thanks

The debt must be acknowledged IN WRITING

[ebony and reg]

hi odc, thanks i did send the letter 1st class recorded signed for, i will go to my local county court and have it set aside for the grounds of statue barred, what will happen after that? sorry not sure how to tip your scales.

[ODC]

The court will then inform Lowells that you have applied to have it Set Aside and your reasons. Lowells SHOULD then withdraw the Statutory Demand.

[ebony and reg]

thanks i will keep you posted on what goes on,

[ODC]

thanks i will keep you posted on what goes on,

Of course if these clowns sent this SD after being informed the debt was Statute Barred then you may wish to complain about them for abuse of process amongst other things.

[Topspeed007]

Looks like they will have a minimum of two recorded delivery letters on Monday then- I sent my "this is statute barred" letter off as well.

I will give it a few days and see if i have any response before sending court my set aside request- although this will be in the 18 days from the date the letter.

 

One thing I did notice are the signatures - on the Red letter and on the SD they appear to be quite different and yet the alleged same person's name is below signature (not PP either)

 

Best of luck and all that

[theywontwin]

Does anybody have the address for Leeds TS office? I would like to report RED to the too.

 

Thank you

[ODC]

Here you go

 

Trading standards - West Yorkshire Trading Standards

[ebony and reg]

just to let you know that i have wrote a letter to the oft in london complaining about red debt and i have included all copies of letters that they have sent me and included the copy of my statute barred letter that i have sent them, the more complaints these b***s get the better, i hope they have enough complaints to have there licence withdrawn, is there anywhere else i can write to to complain, thanks

[ODC]

Complain to your MP. Complain to Loewlls and when they fob you off you can report them to the Financial Ombudsmans Office who will charge them £400 to investigate your complaint.

 

I also see on another thread that Devon and Cornwall Police are also investigating this shower

[ebony and reg]

hi topspeed007, i wish you all the best and hope the letter we sent will be the end of it, if not i will be fighting it all the way, will keep you posted of further developments, good luck:)

[ebony and reg]

hi, had letter today (27/2/08) from lowell saying that;

i have pleasure in confirming that our client lowell portfolio1 ltd are prepared to accept the sum of £6000.00 in full and final settlement of your personal liability to them.

this sum will only be acceptd provided that cleared funds are recieved by us, no later than 29/2/08.

we look forward to recieving the outstanding balance and bringing this matter to a satisfactory conclusion.

please ensure payment is sent by return in the pre-paid envelope provided.

yours sincerly

andrew bartle.

i sent red debt a 1st class recorded letter with the statute barred letter which they would have recieved on saturday 23/2/08, now lowell are sending me letters like this.

do you think i should sent these a statute barred letter, it semms funny because these are part of red debt. also noticed on the envelope the postmark says 28.2.08, 00;05am, 20002910. but its the 27th today?

they also have about 3 or 4 different addresses so which one is the correct one. what do you think i should now, many thanks

[ODC]

They are trying it on. You have informed them the debt is Statute Barred. It is up to them to prove otherwise. They have failed to do so and are now trying to con you into paying them money by dressing it up as a discount. Dont be fooled by their weasel words and threats.

 

Red Debt/Lowell/Hamptons Legal are all the one. They use different PO boxes and post codes to pretend they are seperate.

 

Send all to

 

The Lowell Group

Enterprise House

1 Apex Way

Leeds LS11 9BH