My Friend vs Lowell, Victory?

[kennyparkroad]

Hi there.

 

Quick history, a friend of mine got letters from lowell, well we CCA'd them and on the 14 March got a letter saying they could not get the documents and that they matter is now closed - RESULT!

 

 

THEN!

 

Today, she got a letter dated 15 March (AFTER the date of the lowell letter saying they were closing the matter)

 

 

Notice of Intention to Issue a County Court Claim

 

Phone us immediately to arrange payment or we will issue a CCJ Claim on behalf or our client, Lowell.

 

Hampton Legal

 

 

 

 

how can they do this AFTER lowell have admitted they cant produce documents?

 

I am now asking for advice as to what she can do, im doing it on her behalf as she has parkinsons, but they are relentless!

 

Also, Lowell have placed a default on her account dating back to 2003, how can i get this removed? and could she get any compensation?

 

Hoping to get a reply so i can send a letter off to Hampton Legal

 

(any advice on that letter appreciated)

 

Thanks

 

Kenny

[kennyparkroad]

Ive drafted a letter to be sent, that i will copy Hampton legal on.

 

Any changes or advice on it appreciated, as im really tired today, and the stress my friend is under due to her parkinsons is making me rush things,

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO BOX 172

LEEDS

LS11 9WS

19 March 2007

To Whom It May Concern:

Reference: xxxxxxxxxxxx

Original Creditor: xxxx

HAMPTON LEGAl/DEFAULT ON CREDIT FILE

 

Thank you for your letter dated 14 March in which you state no further contact will be made or action taken on the above account which is now closed and returned to your client.

However, I am concerned that, you have passed this matter over to Hampton Legal for court proceedings.

May I point out that you have closed this case, and therefore should not have passed it on to Hampton Legal (their letter enclosed for ease of reference). Also, while the account was in dispute, no further action can be taken unless the request of the alleged debtor is satisfied, therefore you have passed this on illegally and in contradiction to OFT guidelines.

Can you please halt all action on this case including Hampton communicating about the now closed case above and instruct them to destroy all paperwork regarding the above account.

Also, I wish the immediate removal of the default placed on my Credit File in 2003 and notification sent to myself.

Failure to do this will result in all information being passed onto Trading Standards, the OFT and the Credit Agencies themselves.

In addition I require all points and requests in this letter to be acknowledged in writing by yourselves.

 

Yours faithfully,

My friend

[pmhcfc]

Ive drafted a letter to be sent, that i will copy Hampton legal on.

 

Any changes or advice on it appreciated, as im really tired today, and the stress my friend is under due to her parkinsons is making me rush things,

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO BOX 172

LEEDS

LS11 9WS

 

19 March 2007

To Whom It May Concern:

Reference: xxxxxxxxxxxx

Original Creditor: xxxx

 

HAMPTON LEGAl/DEFAULT ON CREDIT FILE

 

Thank you for your letter dated 14 March in which you state no further contact will be made or action taken on the above account which is now closed and returned to your client.

 

However, I am concerned that, you have passed this matter over to Hampton Legal for court proceedings.

 

May I point out that you have closed this case, and therefore should not have passed it on to Hampton Legal (their letter enclosed for ease of reference). Also, while the account was in dispute, no further action can be taken unless the request of the alleged debtor is satisfied, therefore you have passed this on illegally and in contradiction to OFT guidelines.

 

Can you please halt all action on this case including Hampton communicating about the now closed case above and instruct them to destroy all paperwork regarding the above account.

 

Also, I wish the immediate removal of the default placed on my Credit File in 2003 and notification sent to myself.

Failure to do this will result in all information being passed onto Trading Standards, the OFT and the Credit Agencies themselves.

In addition I require all points and requests in this letter to be acknowledged in writing by yourselves.

 

Yours faithfully,

 

 

 

My friend

 

 

 

 

 

 

 

 

I would send a letter to Lowell (the red bits) and CC it to Hamptons :grin:

[kennyparkroad]

thanks, redrafted it.

 

anyone else got any comments - all appreciated! lol

[ODC]

Its a pity its not your own debt because it would be nice to let Hamptons take you to Court and produce the letter from their clients stating the matter was now closed. Im sure M'learned friends would take a dim view of this. They would look quite foolish in court.

 

Arent Hamptons part of the Lowell group.

[kennyparkroad]

ODC - are the bits in red ok to send? and CC to hamptons????

 

If so i will do it recorded at lunch time.

[kennyparkroad]

Its a pity its not your own debt because it would be nice to let Hamptons take you to Court and produce the letter from their clients stating the matter was now closed. Im sure M'learned friends would take a dim view of this. They would look quite foolish in court.

 

Arent Hamptons part of the Lowell group.

 

 

 

good chance, the letter wasnt even on headed paper and looked like it had been done by a 4 year old!

[kennyparkroad]

again have tweaked the letter

 

 

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO BOX 172

LEEDS

LS11 9WS

19 March 2007

To Whom It May Concern:

Reference: 10208663

Original Creditor: HSBC

 

HAMPTON LEGAL/DEFAULT ON CREDIT FILE

Thank you for your letter dated 14 March, and I am pleased that this matter has been closed because your client cannot substantiate the alleged debt.

However, after you confirmed this and after you formally closed the case, I received a demand for payment from Hampton Legal (their letter enclosed for ease of reference).

As the Hampton letter postdates your own admission that the debt cannot be substantiated, two offences have been committed:

Firstly, OFT rules which govern licenced debt management companies state that while an account is in dispute, no further enforcement action can be taken unless and until the request of the alleged debtor is satisfied.

Secondly, I am being harassed to pay money that clearly, I do not owe.

I now demand that you, or your client properly halt all action on this case including Hampton's legal proceedings on your behalf and instruct them to destroy all paperwork regarding the above account.

Also, I wish the immediate removal of the default placed on my Credit File in 2003 by yourselves.

I am willing to offer you and your clients seven days to effect the above.

Failure to do this will result in all information being passed onto Trading Standards, the OFT and the Credit Agencies themselves.

In addition I require all points and requests in this letter to be acknowledged in writing by yourselves.

Yours faithfully,

 

 

 

 

 

this any better?

[PriorityOne]

Hi Kenny... and thanks for the PM,

 

Send the letter drafted by pmhcfc to Lowell and cc to Hamptons (also as advised)... it gets straight to the point. I know you mean well, but your letter is not direct enough.

 

Make sure they both go rec. delivery...

[kennyparkroad]

in my haste i sent my second letter to both of them by post (recorded) and fax, hope i havent shot my friends chances in the foot

[PriorityOne]

in my haste i sent my second letter to both of them by post (recorded) and fax, hope i havent shot my friends chances in the foot

 

Don't worry Kenny.... it was just a personal view. My letters are always very direct, that's all. Please let us know if/when you get a response. The most important thing is that you sent them both recorded.

 

[TotallyWithoutPrejudice]

Think you may have done belt and braces there, Kenny!

Lowell and Hamptons are one and the same. Look at the very bottom of the letter from Hamptons - apparently Hamptons Legal is a "trading style" of Lowells.

Nice to know thay've got some style after all! (as if...)

Your friend is lucky to have you to help, well done!

[kennyparkroad]

both signed for, printed proof of devliery

 

will update you as to what they send her.

[kennyparkroad]

nothing back from them as yet.

 

Strange huh?

 

they dont want to play no more.

[kennyparkroad]

Ok

 

so nothing back from hampton legal or lowell.

 

however i want the default removed asap.

 

so i was thinking of sending a letter to Experian/Equifax/CallCredit to the effect of.

 

 

 

Dear Experian

After receiving a copy of my credit file, I noticed a default on my account for an alleged debt from Lowell Portfolio, the entry is placed as:

JOINT ACCOUNT

LOWELL PORTFOLIO LTD

Default £xxx Defaulted xx/xx/03

File Updated for the period to xx/xx/06

I have since been in touch with Lowell and they have informed me that they cannot substantiate the alleged debt they were trying to claim monies on and as such have closed their files, they were also not the original client for the alleged debt therefore no default should have been placed.

I have therefore asked them to removed the illegally placed default however as of yet they have yet to comply and have exceeded my seven day request.

I attach for ease of reference the letter from Lowell closing the case.

Could you please ensure the default which has been incorrectly entered is taken off my credit file and send me notification.

Yours sincerely

 

 

My friends

 

 

will this do?

 

Any and all advice welcomed and thanks in advance!

[kennyparkroad]

sorry to do this but bump

[kennyparkroad]

or should i just report them to the OFT with all relevant evidence?

 

she really wants the default removed, so am looking for advice on the above letter to send experian.

[InKogneeToh]

Ok

 

so nothing back from hampton legal or lowell.

 

however i want the default removed asap.

 

so i was thinking of sending a letter to Experian/Equifax/CallCredit to the effect of.

 

 

 

Dear Experian

 

After receiving a copy of my credit file, I noticed a default on my account for an alleged debt from Lowell Portfolio 1 Ltd, the entry is placed as:

 

JOINT ACCOUNT

LOWELL PORTFOLIO LTD

Default £xxx Defaulted xx/xx/03

 

File Updated for the period to xx/xx/06

 

I have since been in touch with Lowell and they have informed me that they cannot substantiate the alleged debt they were trying to claim monies on and as such have closed their files. Since they have sent me written confirmation of this then the default placed by them must also be removed as unsubstantiated.

I have therefore asked them to remove the erroneously placed default. However as of yet they have not complied and have exceeded my seven day time limit.

 

I attach for ease of reference the letter from Lowell closing the case.

 

I therefore request that the default which has been incorrectly entered is taken off my credit file immediately. I understand that you are obliged to respond to my request within 28 days and therefore await your reply.

 

Yours sincerely

 

 

My friends

 

 

will this do?

 

Any and all advice welcomed and thanks in advance!

 

Hi

 

Have re-jigged your letter above. The CCA states that the CRA must respond within 28 days.

 

Regards, Pam

[kennyparkroad]

thanks a lot for that! much appreciated.

 

Kenny

[kennyparkroad]

Update

 

my friend recieved the following letter from Lowells.

 

Balance Outstanding £00.00

 

Dear Mrs KPRs Friend

 

Thank you for your recent letter.

 

The arrears letter which was sent to you dated xx march 07 (wasnt an arrears letter, it threatenend court action) was an auto generated letter which was requested prior to the account being closed and we are unable to stop this letter from going out.

 

We can confirm a request has been made to amend your credit file but this can take a few weeks for the credit reference agencies to act upon our request.

 

We trust helps clarify the situation and thank you for your attention to this matter.

 

Yours faithfully

 

Nigel Beaver

 

Collections Supervisor.

 

 

 

 

 

 

So as far as im concerned case closed, although i will send Experian the letter above with copies of BOTH the Lowell letters.

 

Case closed - My friend won with my help, and lowell, well no doubt they will live to fight again, but beware lowell, CAG is on the case!

 

Thanks for all the help!

 

1 case down, many more to go ;-)

[runtothehills]

Hi Kennyparkroad

 

Apologies for jumping in but great news about your letter from Lowell.

 

I've been in dispute with them since last Nov and no joy. Have you managed to get the default removed? I've been trying for a couple of months and have now left it with the Information Commissioner's Office and Trading Standards but I'm going to put a complaint in with the Financial Ombudsman as well as I want these organisations to realise how unprofessional Lowell are.

[kennyparkroad]

Hi there

 

ive sent a letter off to Experian, they will remove it, i hope, if they dont i will then get the OFT on it.

 

This is the letter i sent them.

 

 

Dear Experian

After receiving a copy of my credit file, I noticed a default on my account for an alleged debt from Lowell Portfolio, the entry is placed as:

JOINT ACCOUNT

LOWELL PORTFOLIO LTD

Default £xxx Defaulted xx/xx/xx

File Updated for the period to xx/xx/xx

I have since been in touch with Lowell and they have informed me that they cannot substantiate the alleged debt they were trying to claim monies on and as such have closed their files. Since they have sent me written confirmation of this then the default placed by them must also be removed as unsubstantiated.

I have therefore asked them to remove the erroneously placed default as well as all other entries pertaining to this alleged debt. However as of yet they have not complied and have exceeded my seven day time limit.

 

I attach for ease of reference the letter from Lowell closing the case.

 

I therefore request that the default which has been incorrectly entered and all other details for this alleged debt is taken off my credit file immediately. I understand that you are obliged to respond to my request within 28 days and therefore await your reply.

 

Yours sincerely

 

 

 

 

 

 

 

any other information you can give relating to your debt would be helpful, may be helpful if you start your own thread though and if you do PM me the link and ill repost this message there.

[sparkle51]

subscribing

[kennyparkroad]

the only update on the default removal i have is that i wrote to EXPERIAN after writing to lowells and hearing nothing.

 

Experian and now writing to Lowells to get the information removed as they cannot do it without the consent of Lowell.

[runtothehills]

Hi Kennyparkroad

 

I've had my default removed only because the ICO intervened on my behalf. Lowell do not seem capable of working with disputed claims or formal complaints and only appear to act upon the instructions of their governing organisations not the client (for want of a better phrase). If no joy with Experian write to the ICO, I found them to be efficient.

 

Good luck.