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.

[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.

[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.

[Zimmie]

Thanks for that pmhcfc :o)

[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.

[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.

[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!

[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 ****.

[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.

[Zimmie]

Thanks Kenny,

I've just been reading on several other threads about people getting fairly fast acknowledgement of CCA requests from Lowells...I wonder why I haven't had mine acknowledged. I wonder...do they think I'm insignificant...I really hope so

[Zimmie]

Good Morning,

Well Lowell seem to have come up with the goods in my case! I've just received a photocopy of my application form and I think its legit. I don't have a scanner so I'll try and explain it.

 

It states application form at the top, then there are sections numbered 1 to 10 for name/address, employment, etc details.

Then there is a section headed Data Protection act and under that a section headed Credit Agreement regulated by the Consumer Credit Act 1974, and although from the quality of the photocopy I can't make out what the small print says, its signed by myself and by someone for Bank of Scotland.

They also sent me a letter advising me that Lowell Portfolio had bought the debt, and that they, Financial had been appointed to collect it. A section of this letter I must quote:

 

"It is our aim to help you clear the indebtedness you currently have with ourselves by either agreeing a settlement or a repayment plan. You will find we have many flexible repayment plans designed to suit your current financial circumstances.

Please call the number below where one of our experienced negotiators will assist you in finding the ideal option for you."

 

Well you have to laugh don't you? I've been trying to negotiate with them since January!!

 

They haven't sent me any statements unfortunately, just another letter stating the balance, and that the account is defaulted.

 

Is my next step to SAR Bank Of Scotland? If I do how do I respond to Lowells...they want my proposals for payment within 7 days.

I feel inclined to say I refer you to my 8 previous letters...but feel I'd better not.

 

Any advice please.

[Zimmie]

Hi CG7, thanks for your post. Since I posted about receiving the form this morning I have been reading up on here and through google search, and I also get the impression that what they sent me may not be valid. From what I've read it should clearly state an APR and other financial details. I'll copy & paste what I found............

 

Consumer Credit Act 1974

 

If you enter into a credit agreement which is regulated under the Consumer Credit Act you must be given a written copy of the agreement when you take out the loan. This must set out:-

 

what type of credit agreement it is, for example, credit sale, hire purchase or conditional sale

the true cost of the credit, worked out according to a special formula (APR)

the amount of each payment, when it is due to be paid, and how it is made up (loan, interest, administration charge)

your cancellation rights and whether you can pay off the debt early (see under heading Paying the loan off early).

Well none of this is on my application form. It doesn't give a credit limit either, only shows the limit I ticked a box to apply for...nowhere does it say this limit was agreed, although maybe their signature on the form confirms it!

 

More worrying is that I've since been looking long and hard at this form they sent me (with my glasses on!), and I noticed that the form has been folded before photocopying, so a section about 'creditcare' which is sickness protection for payments is obscured, you can see I've signed, but I'm not sure whether it was to have this protection, and in all honesty I took the card out in 1999, and just can't remember. If I had this protection...well I've suffered from very poor health since 2001, I even lost my job because of health! So I really would like to know what the folded bit is hiding!

I think I may have to request an unfolded copy!

Good luck with yours CG, keep me updated how it goes, or let me know your thread so I can follow it.

Regards, Zim.

[Zimmie]

Hi,

Thanks CG for giving me the push I needed, after receiving their reply yesterday the dark cloud started floating back...but I'm back in Lowell bashing mood again now

Well I've been doing lots of reading, even got through a lot of the monster CCA/application form thread! I've had a look at some of the online credit card application details...and they all say once your application is approved, you will be sent an agreement (or very similar)! So I am sure that an application form is not valid as an agreement. The one they have sent me shows no APR, no limit agreed by them, no reypament details. Also I managed to read a section at the top of the form and it states:

Failure to complete all sections of this form may delay acceptance of your application. Post in the enclosed envelope to the address shown at the foot of this application.

 

So I'm in the process of putting a letter together, I'll C & P what I've put so far, hoping someone can advise me if its OK so far, and anything else I need to add. Sorry if there is a template for this, but I can't find one.

Should I put in my letter that I'm sending a SAR to Bank of Scotland, both letters will go recorded delivery tomorrow.

 

Also what constitutes a Statement of Account? All Lowells sent me was a letter from them stating the amount they consider I owe and showing the status as defaulted. Which I may have wrong...but I've been making them token payments monthly since Jan...is it right they have classed it defaulted?

 

Hope someone can help. Thanks.

Zim

[Zimmie]

Sorry I forgot to C & P the letter!!

 

Mr Andrew Bartle,

Lowell Financial Ltd.,

P. O. Box 172,

Leeds.

LS11 9WS

Dear Sir,

Re:

I am in receipt of your communication dated 13th April 2007 which was in response to my lawful request under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 for a copy of a Consumer Credit Agreement. This request was dated 28th March 2007, and received by yourselves on 2nd April 2007. I attach of copy of this request for your ease of reference.

The copy document you have provided me with is barely legible, and I note that prior to photocopying it has been folded thereby obscuring a section. However, I also note that this is a copy of an application form, and not as requested under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, a true, executed copy of an agreement

[Zimmie]

Hi Dannyboy, thanks for your post.

Well as to signing to agree that should I default they could hire a 3rd party to collect...I don't think so, but in response to my CCA to Lowlls, all I got was an application form which is barely legible. There are no terms and conditions shown, and the section under Data Protection is not readable.

I did have a credit card with BOS through Unison, after I became too ill to work I went to CAB with all my debts for help, BOS didn't even bother to respond to CABs letters, as 2 other creditors didn't. CAB told me they couldn't make them reply, said sit back and wait for them to come after you again and closed my file. I've found out some of the paperwork I have about my debts when I went to CAB and it shows my CC debt to BOS as just over £1000. Lowells are demanding over £2600...hence I want absolute clarification that they have a right to collect this.

I have done my S.A.R - (Subject Access Request) to BOS, will be sent tomorrow (rec del). I would have sent it sooner but I hoped that some statements might come via CCA request....Plus I couldn't afford the £10!

I made token payments to Lowells purely because they were really grinding me down, and at the time I hadn't found CAG, and so didn't know my rights, I just wanted to get them off my back...no luck by the way! The stress of their constant threats has caused another stroke, minor fortunately, and my Mental Health which was starting to improve has gone into remission...all because of Lowells trying to make a fast buck out of someone's misfortune!

Anyway thanks DB, and to update I've done SAR to BOS & to Egg (but thats another thread when I've got things with Lowells in hand), and I've got my letter to Lowells disputing their crappy copy of an application form in response to my CCA request ready to take to post tomorrow.

My original CCA request to Lowells was received on 2nd April...I reckon that gives them until 19th April to comply..I think.

In response to my own question a couple of posts above re: should I tell Lowells that I'm sending a SAR to BOC, I've decided I shouldn't tell them anything that at this stage they don't need to know.

BUT if anyone can clarify what constitues a statement of account, please do, as what they sent me isn't what I expected. They sent me a letter from themselves showing the balance they want, and stating it is defaulted.

If they should have sent more info I'd really like to able to ask about it on my letter which I'm posting tomorrow.

Any advice greatly received

 

Zim

[Zimmie]

Hi all,

Well I sent my letter to Lowells as in post 35 on Monday recorded del, it was received by them yesterday. Low and behold there was that familiar envelope lying on the mat when I got up this morning...you know..the one that gives you a warm comforting feeling

So I made a coffee, fed the cats, cleaned the litter tray, switched the pc on, checked my e-mail, made another coffee..then opened my letter. Well I was expecting some sort of response to the letter they had rec'd yesterday.

It was another copy of the letter they had sent me on Saturday stating that they had bought the alleged debt, like the one they sent me Saturday it had the date as 13/4/2007. I'm a little confused now...or maybe they are! My letter clearly stated I wanted a true, excuted copy of an agreement. So I'm wondering if they think this letter meets with my requirements, or whether they just thought I'd miss them if they didn't send me something.

Incidently they still havent cashed my £1 chq for the CCA, and they haven't cashed my chq for my token payment which I sent about the same time. Maybe not cashing my payment is a crafty way of saying I defaulted! Who knows with these jokers.

I think their 12 days (request signed for on 2nd April) is up tomorrow, or maybe Friday.

Should I sit tight until the time limit is up, or write saying thanks for the copy of a copy of a copy...but its not what I want?

 

Zim

(Member of The Nigel Beaven From Lowells Went Into Work On Christmas Day Just To Send Me A Letter club)

[Zimmie]

Thanks Kenny, I've saved your letter ready for use. I actually believe that they are in default of the 12 days of today...but I'm gonna sit back for a while and see if they send anymore threatening letters whilst they are in default before sending your letter to them.

It would be great if they couldn't come up with a true copy agreement, then I can make them a F&F settlement based the amount minus illegal charges, at a percentage I estimate they bought the debt for, minus the token payments I've already made!

However, I tend to have as much luck as an elephant taking up embroidery does

Will update as and when,

Zim.

 

(Member of The Nigel Beaven From Lowells Went Into Work On Christmas Day Just to Send Me A Letter Club)

[Zimmie]

Hi Kenny,

I think I must be missing the point, and maybe the plot! If only I had a credit card, I'b be off to Body Shop for a new brain!

 

I sent the SAR on Monday, received by BoS on Tuesday...but...maybe if I'd got that new brain I'd work this out myself, how can I actually claim back illegal charges if I haven't paid them as such.

 

I was hoping that through the CCA/SAR process I could establish Lowells legal right to collect this amount, and to hopefully have it reduced because of illegal charges + interest on them being piled on.

 

But thanks Kenny you've given me food for thought.

 

Hugs, Zim.

 

(Member of The Nigel Beaven From Lowells Went Into Work On Christmas Day Just To Send Me A Letter Club)

[Zimmie]

Hi all, an update. Today I rec'd this reply to my letter (post 35) regarding the copy application form they sent in response to CCA request:

 

Thank you for your letter xxxxxx, the contents of which have been noted.

 

We can confirm that the copy application we forwarded to you on xxxxx is covered by the consumer credit act. Please see enclosed agreement which has the relevant portion highlighted for ease of reference.

 

This states that by signing the application you agree to the terms and conditions set out by the consumer credit act of 1974.

 

We can also confirm that the application form was forwarded to you as it arrived from our client and that no attempt has been made by us to obscure any of the document.

 

With reference to the quality of the document we can only reiterate again that we have forwarded you the copy sent to us by our client, XXXXXX. However due to the nature of the archiving process used by our client it is sometimes difficult to produce a perfect copy of the document filled out by yourself.

 

We trust this clarifies the situation, however if you have any further queries regarding the account, please do not hesitate to contact us.

 

They have sent me another copy of the application form with a pretty yellow line drawn around the small section relating to Credit Agreement regulated by CCA 1974, the small print on this is almost impossible to read, but I have (by standing in the garden with my glasses on and squinting) just managed to read one line of.............

 

If my application is accepted I authorise you to..... sorry I can't read the rest!

 

I would add that where I commented earlier about the application being folded, hiding the PPI section, I have also noticed that not only is it folderd by I can see a line on both sides of the fold showing that it was also stapled to keep the fold in place!

 

Any suggestions for my next step?

 

Many thanks

[Zimmie]

Hi and thanks Kenny & Dannyboy.

 

I did wonder about the use of the term 'our client' as they have sent me 3 letters claiming to have bought the alleged debt. I think I ought to take issue with them about that. Surely they should have referred to BoS as Original Creditor if they have indeed bought it.

 

I'm still very miffed that they think its ok to send a copy application form which at best only 3 words out of 10 are just about readable. I mean I could if I chose to refer them to the section which states pay if the fancy takes you...they can't say it doesn't say that as I'm sure they can't read it either!

 

As for the section that is so top secret that it had to be hidden in case I saw it.....well! I don't care who folded it...it remains folded, and I am unable to see if PPI was applied for!

 

Time to get writing methinks

[Zimmie]

Both probably Danny!

 

Anyway how does this sound for starters:

 

Dear Sirs,

Re:

I am in receipt of your correspondence dated 24th April 2007 regarding the copy application form sent in response to my CCA request dated 28th March 2007, signed for by yourselves on 2nd April 2007, and I note your comments.

However, whereas you claim that this application form is covered by The Consumer Credit Act, I beg to differ in that it is clearly entitled Application Form. The section of the application form which you claim concerns terms and conditions set out by The Consumer Credit Act 1974 is pre-contractual. Whilst the small print is, as previously stated barely legible, I am able to make out a small section within the area you highlighted which states:

If my application is accepted…………

Below that in block capitals:

APPLICANTS SIGNATURE

I would also refer you to a section on the top right hand side of the application form which states:

FAILURE TO COMPLETE ALL SECTIONS OF THIS FORM MAY DELAY ACCEPTANCE OF YOUR APPLICATION.

Next I'm going to mention that the PPI section should be clearly visible, then a bit about terms & conditions, then ask for a true copy of agreement.

Is this going in the right direction?

[Zimmie]

I'm going to put that after I've had a good old moan to them

[Zimmie]

OK, this is my finished letter...any comments gratefully received

 

I am in receipt of your correspondence dated 24th April 2007 regarding the copy application form sent in response to my CCA request dated 28th March 2007, signed for by yourselves on 2nd April 2007, and I note your comments.

However, whereas you claim that this application form is covered by The Consumer Credit Act, I beg to differ in that it is clearly entitled Application Form. The section of the application form which you claim concerns terms and conditions set out by The Consumer Credit Act 1974 is pre-contractual. Whilst the small print is, as previously stated barely legible, I am able to make out a small section within the area you highlighted which states:

If my application is accepted…………

Below that in block capitals:

APPLICANTS SIGNATURE

I would also refer you to a section on the top right hand side of the application form which states:

FAILURE TO COMPLETE ALL SECTIONS OF THIS FORM MAY DELAY ACCEPTANCE OF YOUR APPLICATION.

I therefore put to you that an application form is purely the process of applying; it is not as you suggest an agreement. An agreement follows acceptance of an application.

Whilst I was in no way suggesting that your company had attempted to obscure any part of the application form, the fact remains that the application form has been folded and stapled prior to photocopying thereby obscuring a relevant part the PPI section. Therefore despite the fact that the document you sent me is an application form, not an agreement, it has relevant information missing.

Under the Consumer Credit Act s77/78 the document you are obliged to provide me with is a true copy of the executed agreement containing all prescribed terms. I would advise you that your company is now in default as my request under The Consumer Credit Act was received by yourselves on 2nd April and taking into account Bank Holidays and weekends the date of default was 19th April 2007.

I now require you to provide me with a copy of the correct and lawfully requested document, or your written acknowledgement that you are unable to do so.

[Zimmie]

Hi Corn & Perseus, thanks for reading and commenting.

I wish I had a scanner so I could let you see what they sent me. Tbh I don't think it was Lowells who folded & stapled the copy app form (gosh I'm being nice!) They did say that the quality was due to 'their clients' archiving method, so I'm guessing it was done by Bos some years back, the application is dated June 1999. What I find infuriating that even with the app form in this state, Lowells still insist its a true executed agreement...also it has no T & C and no APR or other financial details....utter morons

 

I haven't a clue whether I paid any PPI premiums, when I started having financial problems I was very ill, to the point where my psychatrist insisted I stay for a long holiday at an establishment of his choosing, and tbh I was binning everything that came through the letterbox...before and after my holiday. CAB did try to find out about PPI for me when they tried to negotiate token payment with BoS...but they never bothered to reply to CABs letters.

I have now sent a SAR to BoS so hopefully will soon be able to find out. I'll also be able to find out what the extra £1600 BoS added to the original debt is all about!

Perseus when I first posted I was in a terrible state, I knew I was becoming danger to myself but scared to ask for help for fear of another 'holiday'. Hey you lot at CAG are a real tonic, within a couple of days I was preparing for battle. Somedays now I feel a bit disappointed when I don't have a letter from the lovely Lowells

 

My thanks, Zim.

[Zimmie]

Hi Soreheadedbear, hope it feels better soon

Thanks for that, I'm off to have a read.