Lowell Financial/Red debt collection services

[ODC]

Yes time enough contacting them when they they ask why you have not paid. Then all you have to say is that you have defaulted on my CCA request. Dont chase them let them chase you

[ODC]

1/ yes they can assuming this has been sold to them.

2/ Enter a dispute with experian and inform them that Lowell have failed to supply your CCA so they cannot prove they are legally entitled to collect or even report on this debt

3/ Sounds like a normal DCA trick. They think that useing the £1 against the balance absolves them from suppltying your CCA info.

Clownells think that by doing this they can show you have paid £1 off your debt should you claim it to be Statute Barred. Of course by sending you the pathetic attempt at a CCA form they have admitted what the £1 was for.

 

Clownells sent me a lovely leter today offering a once in a lifetime deal of cutting my balance by 50% if I cough up. Even though I had not responded to the threats of imminent Court action from their paramilitary wing Hamptons iLEGAL. They are now passing me on to a company which specialises in insolvency cases RED DEBT COLLECTION SERVICES:rolleyes: I think I will wait till Red Debt (A trading style of Clownell Funancial) get in touch threatening to bankrupt me for an alleged balance of a couple of hundred quid. THen I will have some fun with the lot of them

[ODC]

Thanks Curlyben. I will get on to experian today.

 

Hi ODC, It is getting quite confusing now as to who actually owns the debt. I am getting letters on a regular basis from both Lowell Financial and RED debt collection. Lowell sent me the copy of signed application form and seem to think that they have complied fully with CCA request and RED debt collection sent me copies of my Cap One statements and are now demanding payment within 5 days.

A little concerned after reading some threads on here that some TS offices think that a copy of signed application form DOES NOT comply with CCA while others seem to think that it DOES.

Not really sure how to proceed.

 

Doctors differ and patients die. The courts at the end of the day are the ones who will decide if an application form constitues an Executed Agreement under the 1974 CCA. I am in the camp of I dont think it does. Some members are testing this will Leeds TS who cover the Clownells group of companies. Im sure they have had plenty of complaints about them so shjould realise what sort of company they are. They are EXPERTS on here who can give chapter and verse as to why an application form is not an agreement and I would be happy to believe them. As has been shown many times Clownells are a bunch of bullies who when faced with Legal Facts will collapse. There are plenty of cases where CAGers have taken them own and beat them before they even see the light of a courtroom. If they were so sure theyu had a case they nwouldnt waste time passing you from one part of their empire to another over a period of months. Every letter threatens imminent court action, bankruptcy etc and next week they offer to settle for 50%. Clownells specialise in buying debt that is almost Statute Barred and pay buttons for it. If they scare/bully/intimidate one in one hundred to pay then they make a profit. Join the 99 who ignore the lies.

[ODC]

Thanks ODC. "Doctors differ and patients die" I like that, very funny lol.

I have just emailed Experian as per Curlybens suggestion so will await any reply from them.

Suppose i should just sit tight and see if these Clowns are gonna serve me with a correctly served SD instead of the joke one i got back in April.

And following on a recent discussion on the forum I think we all know what is correct and what is in fact incorrect

[ODC]

Nic please start your own thread about this so as your responses do not get confused. You will get plenty of help on dealing with these maggots. NEVER SPEAK TO THEM ON THE PHONE. Do not worry as they will not be sending anyone to your house. Im amzed that a cheque issued in 2001 bounced in 2006. Cheques are out of date after 6 months. A debt incurred in 2001 will be Statute Barred this year in ANY case. Red Debt aka Clownells are trying it on

[ODC]

On your request for a CCA you make it clear that the £1 is the Statutory Fee. What they do with it is up to them. It does not mean you have accepted liability for a debt and has no bearing on the Statute Barred aspect. Once a debt becomes Statute Barred it remains so.

[ODC]

Well then dont worry. Sit back and wait

[ODC]

Raelkid.

First of all start your own thread here so as we dont get confused.

What is the alleged debt for as some debts such as mobile phone debts are not covered by the CCA. All of the above mention folk are well known on this forum

[ODC]

Report them to Leeds Trading Standards. Under the OFT regulations they are obliged to tell you what the alleged debt is for. They are obliged to prove a debt exists and that they are legally entitled to collect it. Did you send them the prove it letter

 

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

[ODC]

Report them to Leeds TS who are very interested in the activities of this shower

[ODC]

The poster has started a new thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/126708-lowell-financial-help.html

[ODC]

Soot Mark your envelope Payment Enclosed

 

Did you know that if you ''forget'' to put a stamp on the envelope the recipient has to pay the postie £1.22:eek:

[ODC]

This is the proper postal address of the wonderful Lowell Group of Companies. The post office really appreciate post codes

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

[ODC]

Leeds TS ARE actively investigating this shower and their activities.

[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

[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.

[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

[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.

[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.

[ODC]

Here you go

 

Trading standards - West Yorkshire Trading Standards

[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

[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

[ODC]

Its not your job to remind these ''professionals'' that they are in breach of your CCA request. They are supposed to know the law and what it requires them to do.

 

If they continue to demand money from you they must be reported to the OFT and Trading Standards

[ODC]

Make an official complaint to Lowells themselves and when they give you their pitiful Final Response then you can report them to the FOS who will charge them £400 to investigate YOUR complaint