Lowells..preying on the vulnerable!

[Zimmie]

I lost my job following serious health problems and sought help from CAB with my debts, one of which was for approx £1000 on a Unison (public sector union) credit card through The Bank of Scotland. They did not respond to CAB's letters. A few months later I received a letter from a company called Blair, Oliver & Scott offering a reduced F & FS, which I couldn't afford, so I wrote explaining and offering a token payment. I never heard from them again. Late December '06 I received a letter from Lowell Portfolio I stating they had bought the debt, by now the debt had spiralled to over £2600, I also received a letter from The Bank of Scotland informing me they had sold my debt. A few days later I received a letter from Lowell Financial, foolishly I telephoned to explain my circumstances, the person I spoke to was rude, aggressive and very intimidating. He stated that I had to pay them £80 per month. He demanded information about my home & bank account details when I said I couldn't afford to pay them £80 per month. I didn't give much information but foolishly told him I had a mortgaged property, he then told me that if I didn't pay the £80 they would have a charging order put on my home and have it sold. He also suggested I take out a 2nd mortgage, which I explained I wouldn't get even if I wanted to as I didn't have the means to repay it. He demanded to know how much equity I have in my home, which I don't really know, then suggested I should take out equity release, which I've since found out I can't as I'm not old enough. I was becoming more and more distressed, I asked for his name which he refused to give, so I asked if there was a more senior staff member available. I was transferred to someone else who was slighty less aggressive but still demanded £80 per month, I said I could only afford a token payment of £X and offered to send income & expenditure details, which he agreed to the I&E that is not my offer. I sent the details with a letter and cheque for £X, I shortly received a letter saying that as I had not made a reasonable offer I would be receiving a visit, and be transferred to the litigation department. I wrote again asking them to reconsider my offer. I got a letter basically saying the same about no satisfactory offer, but also saying that I had avoided their agent, who incidently never called. I then received a letter with their own income & expenditue form stating that when this was received my case would be fully appraised. I completed and returned this along with a 'pleading' letter asking them to reconsider my offer, and attached a 2nd payment of £X. I did not get a reply, with my 3rd payment, I wrote saying I had not received responses to my letters and urged them to do so. I them received a letter from Hamptons Legal threatening me with court action as I had ignored all correspondence from 'their client Lowells!!! I wrote to them explaining my circumstances, gave dates of all letters sent to Lowells, and again requested acceptance of my offer. As I expected, Hamptons replied saying 'you have failed to respond to us to make satisfactory arrangements to settle the amount outstanding', they also gave a breakdown of extra costs I would have to pay if it went to court. I replied with a standard letter quoting 'Overriding Objectives'.

In previous letters to Lowells I have quoted OFT guidelines that have been broken. None of it seems to matter to them, I get the feeling that as they know I have a property...they are determined to get it sold!

 

Any advice on the next steps to take against these vile bloodsuckers would be very gratefully received.

 

My 76 year old mother has said she can give me £800 to help me, is it worth a shot at trying for a F & FS of this amount?

 

Incidentally if Lowell Portfolio I, Lowell Financial and Hamptons Legal are seperate companies as they suggest they are, how come they have the same company reg. no., consumer credit licence no., and registered office address? Is it to increase the threat by passing you from one to another? If it is, its working with me as the stress this is causing me has caused another stroke, and I lie awake at night thinking of how suicide might be the easier option to take.

[kennyparkroad]

hold on a second

 

first

 

step back and take a deep breath, i know a lot is going on but put your faith and trust into this website and its helpers, we will help you as best as we can.

 

When did you get the credit card?

 

How long has it been since you aknowledged it or made a payment to the debt?

 

If it is less than 6 years i suggest you send Lowell a CCA (Consumer Credit Agreement) request.

 

If it has been over 6 years, dont do a thing.

 

Here is the CCA request letter with the address for Lowell (i am dealing with them, and they have acknowledged they dont have a CCA and are closing the files)

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO BOX 172

LEEDS

LS11 9WS

 

28 March 2007

 

To Whom It May Concern:

Reference: xxxxxxxxxxxxxxxxxxxx

 

Before I continue I wish to establish that I am not seeking to avoid responsibility for any alleged debt or breach of any alleged agreement that I may have or have had.

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement and find enclosed a postal order for the statutory fee of £1, this fee is NOT TO BE offset against any alleged debt and must be used for the purpose stated.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

 

 

 

 

 

 

Also, sounds like youve had A LOT of illegal UNFAIR charges on this account, i would send the Bank of Scotland AN SAR (find below)

 

together with the £10 postal order.

 

 

 

Bank Of Scotland

 

 

28 March 2007

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

 

 

 

 

 

if you can provide us with any further information, please do.

 

 

Also HAMPTONS AND LOWELL ARE THE SAME, do not let them make you think they are now.

 

Couple of other points

 

DO NOT TALK TO THEM ON THE PHONE, SAY YOU WILL ONLY DEAL IN WRITING - that way you can prove what has been said.

 

send both of these letters off recorded delivery and obtain the free proof of posting too.

[allykat]

Hi Zimmie...

 

You are not alone, I'm going through something similar too and I feel so much better after joining this amazing site

 

Send the 2 letters above, as Kenny says. They have to provide these documents to you.

 

If they are giving you grief over the phone, then you can send out a harrassment letter requesting that they stop, If they ignore this, they are breaking the law:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

I would report them to Trading Standards, stating exactly what you just posted on here. You are right, they are all **** and they think they can get away with their threats and arrogance but TS will take the matter seriously and investigate accordingly.

 

Keep posting any new information, there are many people on here with more knowledge on this matter than me, and will be happy to help

 

Keep your chin up, you are not in the wrong, they are

 

Good luck

[Zimmie]

Wow thanks Kenny for such a speedy reply.

Well I can't really remember how long ago I had the credit card, but it was several years. The debt was acknowledged about a year ago when I went to CAB for help, and the last payment was sometime in 2005, without going through my cheque book stubs I can't remember the date.

 

I'm going to get on with the letters now. Incidently can I try to reclaim charges if The Bank of Scotland have sold my debt to Lowells?

 

Again many thanks.

[kennyparkroad]

Yes you can reclaim charges from both of them incidentally, you SAR whoever OWNS the debt and APPLIES charges, if that is both of these muppets then so be it.

 

CCA lowells, if they come back with the info, SAR them, but also send the SAR to the bank.

 

no question is stupid, no question SHOULDNT be asked, if you need any help, just ask us.

 

I hate lowell and will be taking particular interest in this, if you feel ive helped you please click my scales (i know shameless plug) lol

 

Kenny

[ODC]

Before I continue I wish to establish that I am not seeking to avoid responsibility for any alleged debt or breach of any alleged agreement that I may have or have had.

.

Sorry Kenny I disagree just slightly. I would type.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ITS ASSOCIATES

 

and leave it at that. No need to mention that you are not seeking to avoid responsibility. Too much information for these creatures. Keep it short, sweet and to the point:)

[kennyparkroad]

noted, thanks

[j1mgg]

Hi kennyparkroad and odc,

 

What is an cca?

 

please can you see my thread

 

thanks

 

Good Luck Zimmie:)

[kennyparkroad]

someone has already replied to your thread, i am subscribing to it, please post all further questions there or pm me

 

thanks

 

Kenny:)

[Zimmie]

Thanks all for your support in this frightening matter.

Allykat I have the complaints form ready to fill in...and I will.

Thanks ODC for your advice, but can I say I do not acknowledge any debt to your company or its associates when The Bank of Scotland informed me of the sale of my debt? Also I have been trying to negotiate with Lowell and have made 3 payments of £X to them...have I not admitted my liability already? Your thoughts would be appreciated.

Thanks to all for such helpful advice and support.

[pmhcfc]

Thanks all for your support in this frightening matter.

Allykat I have the complaints form ready to fill in...and I will.

Thanks ODC for your advice, but can I say I do not acknowledge any debt to your company or its associates when The Bank of Scotland informed me of the sale of my debt? Also I have been trying to negotiate with Lowell and have made 3 payments of £2 to them...have I not admitted my liability already? Your thoughts would be appreciated.

Thanks to all for such helpful advice and support.

 

Of course it's fine to put that Zimmie...All you're asking them to do is prove to you that they have the legal right to pursue you for the alleged debt..

 

 

[Zimmie]

Thanks for that pmhcfc :o)

[ODC]

Of course it's fine to put that Zimmie...All you're asking them to do is prove to you that they have the legal right to pursue you for the alleged debt..

 

 

You beat me to it .

 

Make the B*ggers prove you actually owe them the money and make them prove they have a right to collect it. Make nothing easy for this shower. Just rememember all the abuse they have put you through. You are within your Lawful Rights

[Zimmie]

Hi. I posted my CCA request by recorded delivery to Lowells, the next day I received another letter from Hamptons advising me they are preparing paperwork to take me to court. Our letters obviously crossed in the post. They should now be in receipt of my CCA request, although I haven't as yet checked if it was signed for. What happens next? Can they continue with their threat of court action as I have sent the CCA? Also should I make my next token payment as I have been doing, or wait for them to respond to the CCA?

Any advice would be very gratefully received. Thanks.

[pmhcfc]

Hi. I posted my CCA request by recorded delivery to Lowells, the next day I received another letter from Hamptons advising me they are preparing paperwork to take me to court. Our letters obviously crossed in the post. They should now be in receipt of my CCA request, although I haven't as yet checked if it was signed for. What happens next? Can they continue with their threat of court action as I have sent the CCA? Also should I make my next £2.00 token payment as I have been doing, or wait for them to respond to the CCA?

Any advice would be very gratefully received. Thanks.

 

Make your token payment for now...But, if they go 12 working days (after receiving the CCA request) without producing it, then you have a legalright to stop payin them until they produce the Original Agreement.. Be careful what the send you though, they've been known to send a copy of the application form and say that's all they have to send...LEt us know what you receive, as and when you receive it..

[Zimmie]

Thanks pmhc, I checked online and my letter was delivered from the post office on 2nd April, mo electronic proof available yet, but I'm guessing it was received. I'll keep you updated as to what response I get.

The only thing that worries me is if Hamptons continue with the court threat, as their last letter said they would issue no more warnings just court action.

[ODC]

Thanks pmhc, I checked online and my letter was delivered from the post office on 2nd April, mo electronic proof available yet, but I'm guessing it was received. I'll keep you updated as to what response I get.

The only thing that worries me is if Hamptons continue with the court threat, as their last letter said they would issue no more warnings just court action.

They have told me that so many times.

 

I wouldnt worry too much about that. Jiust wait for the response to your CCA letter

[geminitracie]

hi im in a similar position, being pursued for £550 by lowells, they sent me a copy of the application form i had signed and all previous statements, total debt was £220 (cap one) now due to late payment charges £550, i have calculated all charges and interest total £620!!, any advise as towhat to do now, i dont seem to have been sent the credit agreement. Do i chase capital one for the £620 in charges and then pay lowells, lowells have passed it to Red debt collectors, i think they are linked to lowells, any help xxxxplease

[ODC]

Have Lowell actually produced an executed copy of an agreement signed by bot you and Capone. If you can scan what they sent you on here someone will advise you whether or not they have complied with the CCA. As regards the overdue charges etc you should send a SAR to Capone (see templates) and see what unlawful charges they have imposed. The inform Lowell in writing that the alleged debt is in dispute.

[geminitracie]

hi, the only paperwork sent to me from lowells is the "short application form" that i filled out to apply for the card,also a seperate sheet signed by me and now capital one,i will try and attatch this

[Zimmie]

Hi again, my CCA request was delivered on Mon 2nd April, so due to Easter Bank Holiday am I right in thinking that the 12 working days will expire on Thurs 18th April? As yet they havn't even acknowledged my CCA request.

 

Mind you Bank Holidays shouldn't count for Lowells...I received a letter from them dated 25th December...lol!!!!

 

I've just posted my token payment, with a letter stating that they have not responded to 8 letters from me, all dates given....and just to amuse myself I addressed it to Lowell Portfolio/Financial/Hamptons Legal!

 

Interestingly, although they pretend to be all separate companies...it might help them not to have Nigel Beaven's name on letters from Portfolio & Financial...just a thought!

[MCBIRNIE25]

Zimmie,

wanted to send my wishes. These guys really are ****. Bet you 10 to 1 that they don't take you to court.

1) Any judge would eat them alive for refusing to resolve the matter and accepting what you can rightfully afford. There are laws around this, and any judge would ask why they refused your token payments when it is clear you have no more to give.

2) They don't have the guts.

They huff and puff, their telephone staff work on a commission basis. That's why they threaten you with allsorts.

Hope you have sent the telephone harrassment letter. If by chance anyone does call, tell them YOU are recording the call for YOUR information. They usually scarper pretty quick.

Keeep a copy of everything you send them and go gett those charges back.

Beat the playground bully.

[Zimmie]

Thanks Mcbirnie, they sure are the lowest of the low! I did quote OFT guidelines about DCAs in one of my letters, but of course it was never responded to...just another computer generated threatening letter! They've never actually responded to anything I've put in my letters to them...infact I have nothing in writing that tells me what they consider is an amount acceptable to them!

 

I've come to the conclusion that all Lowell/Hamptons staff are illiterate..thats obviously why they want to talk on the telephone...they even have to have a stamp for their signatures!!

 

I haven't sent them the telephone harassment letter as I've only spoken to them once, and I called them...number witheld, and I won't give them my number, I'm ex directory...so if they do find it, I'll be wanting to know how! I did tell them in one letter that due to the rude & aggressive attitute of the person I spoke to I will deal with them by letter only...each threatening letter I receive still asks me to call....but as I said above I don't think they can read!

 

When I first posted on this site Lowells were really affecting my health badly, but the support and advice I've found here has given me the determination to fight this shower of ****.

[ODC]

I agree with you. They cannot bully you by letter. They have standard letters that are computer generated and thats why they are all the same. Write them a letter asking if the moon is made of ble cheese and you will get a letter back saying 'It is urgent you call us on 0870 ********* immediatly re this matter. Muppets

[Zimmie]

Lol ODC I feel quite tempted to do that!

 

Well an update...sort of...I now have electronic proof that my CCA was signed for on 2nd April, and I've printed a copy off for my records...but they still haven't cashed my cheque...seems a bit slow for them. Am I just being cynical...or maybe even paranoid, but could it be they are pretending never to have received it? Has anyone else ever had this happen?

Thanks.