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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Lowell Financial/Red debt collection services


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Would anyone have any advice on whether or not i should send a letter to Lowell saying that a signed copy of an application form does not fulfill the CCA request? I don't want to do their job for them but on the other hand i don't want them to think everything is ok.

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Hi there Langhar,

 

I wrote and asked them for the executed agreement and all i have received is initial application forms too, so thats not enough, write back and say that you requested a true copy of the executed agreement and that all they have sent to you is the initial application form, and don't forget to put I do not acknowledge any debt to them, This is what i have been advised to do. best of luck,:) cg

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  • 4 weeks later...

Hi all,

Not been on for a while coz of Computer problems. Just thought that i would update you all.

 

I sent Lowell a letter dated 11th April 07 saying that "on the 15 March 2007 i requested a true copy of the executed credit agreement under CCA 1974 and that to date all they had sent was the initial application form signed by myself, which only proves i applied for a credit card. It does not prove that i owe any outstanding debt."

 

On 25th April 07 i received a letter from Lowell which says in part "We can confirm that we fulfilled our obligations with regards to your Consumer credit act request by sending you a copy of the original aplication on 2nd April 07. Under the terms set out by section 78 (1), we are not required to send you any other information except for the agreement. As you have stated in your letter that you require further proof of the monies owed to us we have requested copy statements from our client."

 

Then on the 26th April 07 i received a letter from Hamptons Legal adressed to Mr George Langham, (my name is Robert Langham and all other letters have been adressed to me.), saying "As you have failed to attempt to clear your outstanding arrears or adhered to a repayment plan i enclose a statutory demand by way of service upon you......... we may be in a postion to present a Bankruptcy petition against you should you fail to respond accordingly."

 

Are Lowell right? Does a copy of a signed Application form fulfill a CCA request? If not, the 12 days + 1 calender month ended on 3rd May 07 so have they now committed a criminal offence?

What do i now do about Hamptons serving the Statutary Demand??????

 

Please Please Help.

Langhar

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Hi Langhar, just had another peek at the copy application you posted, and though difficult to make much out...it does not conform with what they are required to provide under CCA request...and that's just from my limited knowledge on these matters.

As you say Lowells have defaulted on the CCA request and have now past the 30 days. I would think a complaints to TS is now in order, especially as they are still sending their threatening letters.

Have a read of DiskManDave's thread re his battle with Lowells.

I would imagine the latest threat is a last ditch attempt to scare you into paying up! Considering they are not only in default, but have now committed an offence I'm sure TS...and maybe OFT would be interested in hearing.

I expect to be getting the same treatment from them soon, as I have disputed a copy application form.

Good luck Langhar, keep us posted :)

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Then on the 26th April 07 i received a letter from Hamptons Legal adressed to Mr George

 

Getting your name wrong on a statutory demand is a very serious mistake; it invalidates the demand.

 

The rules say they need to produce a legible Credit Agreement (i.e. you need to be able to read the terms).

 

A complaint to TS is in order, as Zimmie suggests.

 

A S.A.R - (Subject Access Request) would be indicated, as any default notice they posted under the wrong name would not comply with requrements and might leave them subject to a compensation claim for breech of contract.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi there, soory to hear about your problems with Lowell/Hamptons !!!

 

I have had similar trouble with them !!! You will find many of us on here served with this SD !!!! They are calling your bluff "may be in a position"!!!!! . . . either they are or they aren't . . .

 

My SD was back in March and I ignored it, as sending second class post is not serving it properly, they have to serve it in person via a server, if that fails they apply to the court to serve it via post or another means . . . not just send it out second class as they have no proof you have recieved it !!!!

 

Since my SD over two months ago I have recieved nothing from them at all, others have recieved follow up letters saying the same thing again . . . . if they were honestly going down the route they would serve it properly and get on with it !!!

 

Like may others it looks as though you have recieved a copy of the application form not CCA. I do hope you get it sorted with them, I just hope this puts your mind at rest a little about the bankruptcy issue.

 

Keep smiling :)

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Thank you ICO.

 

It is a appauling how low this company go to retrieve monies that they can't even prove people owe. I just hope enough people complain to the relevent authorities and this company get prosecuted.

 

I would like to thank everyone watching this thread for their support and advice.

regards Langhar

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Thank you Information Commissioners Office.

 

It is a appauling how low this company go to retrieve monies that they can't even prove people owe. I just hope enough people complain to the relevent authorities and this company get prosecuted.

 

I would like to thank everyone watching this thread for their support and advice.

regards Langhar

 

No problem, this site is brilliant, makes you feel like a weight is off your shoulders when you know there are so many people in the same situation. :)

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I have attached a copy of the Capital One application form that was sent by Red Debt Collection Services. Please could you advise if this complies with the CCA or not? Also any advice on my next steps would be great. Thanks

 

langhar... What you have is completely unenforceable! What you have been sent is exactly the same as what I was sent. It's not a copy of an agreement, it's a copy of the signature box from the original application! Read my own thread, which I won!!!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

You're winning this big time now! dance.gif

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Here's mine to compare....

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

 

Cap-one.jpg

 

Looking forward to releasing the balloons! thumbsup.gif

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Thanks Diskmandave,

I have read your thread. It is very inspiring to know that the little guy's can actually win. Congratulations!!

 

I hope to be putting this dispicable company behind me in the very near future.

Regards Langhar

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  • 1 month later...

Update time,

Received a letter from Red Debt collection services on 31/05/07 along with statements fron Capital One (dated 18/05/2000 - 19/06/2002). The letter reads as follows:-

Dear Mr Langham,

our ref: **********

original creditor: Capital One

Balance outstanding: £***.**

We write in respect of the above debt, which, as previously notified in writing we have purchased from Capital One.

Please find enclosed copies of the original statements as requested.

We know require you to call our collections department on the above telephone number to discuss this debt in more detail and to reach a satisfactory resolution.

We trust this information clarifies the situation and look forward to hearing from you.

Yours sincerely,

Firstly, they have never sent anything other than the Original signed Capital One application form, which they think complies with the CCA request. They have not sent anything to prove they actually own the debt.

Secondly, the time for them to comply with the CCa request expired on 3rd of May and the staements where not posted until 31st May. Have they still committed a criminal offence?

How should i continue with this? Can they now enforce payment in court after sending the statements?

 

Any help would be much appreciated. Thanks

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I've recently had some fun with RED, have a look at my Cap1 thread for the breakdown.

These guys are easier to deal with then RMA/NCO, least they listen.

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Be VERY careful whose advice you listen too

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Hi, Sorry to keeping asking for advice but would anyone be able to suggest a next course of action for me? Is there a template letter i could send to Lowell/Red advising them that the have defaulted on the CCA request, therefore committing a criminal offence, and that i have reported them to the relevent authorities and respectfully requesting they leave me alone?

Please help.

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There's no need to send them any letters to inform them of this.

Just wait for them to demand money and then send a letter about noncompliance.

Be VERY careful whose advice you listen too

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Hello again,

 

Just received a copy of my credit report from Experian and, Surprise Surprise, Lowell Portfolio have entered the following default on it:

 

Company name:LOWELL PORTFOLIO I LTD

Account type:Credit Card / Store Card

Default Balance:£841

Current Balance:£840

Defaulted On:23/09/2002

File updated for period to:15/10/2006

Status History:

(brackets indicate most recent status)[8.gif]

 

There are a few things i would appreciate advice on please.

1st) Can Lowell enter a default against me as they are not the original creditor?

2nd) How do i go about getting Lowell to remove the default?

3rd) As you cans see, Current balance is £1 lower than defaulted amount. Does this mean that the £1 postal i sent with my CCA request has been used to pay the debt? Would this mean if i went to court the Judge would say that i accepted liability?

 

Sorry to keep seeking advice but these Clowns are starting to get me down.

Cheers Langhar

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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.

Be VERY careful whose advice you listen too

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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

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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.

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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.

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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.

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