Lowells..preying on the vulnerable!

[dannyboy660]

http://www.consumeractiongroup.co.uk/forum/general-debt/76046-lowell-financial-help-required.html

 

"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."

 

 

You don't have a debt with Lowell - only if you acknowledge it and start paying.

 

They've 'bought' a debt from whoever, and send out worthless bits of paper hoping you'll pay up.

 

You entered into an agreement with the creditor and included the proviso that should you default, they could appoint a third party to COLLECT on their behalf, thereby reducing their overheads, and you pay your debt in full to those you owe. Read the small print on CCA'74 - did you give permission for the debt and your details to be sold outright to an unconnected third party, for a tiny fraction of it's value??? Highly unlikely.

 

If you've not already been paying Lowell, contest any amount they might claim in any unlikely court action.

 

If you've already been paying them, that will probably be seen as an admission you owe the money to Lowell. After all, you wouldn't pay money to the milkman if he told you he'd bought the IOU you gave your Mum, for the 100 quid you owed her. Think about it.

 

You owe them nothing. They tell you they 'bought' the debt, but it's a classic case of Caveat Emptor. Tell them to take a hike.

 

 

Again....just an opinion, and not necessarily sound advice.

[dannyboy660]

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

 

Which does not include your permission to sell the debt or your personal details to an unconnected party.

 

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.

 

"as it arrived from our Client" suggests they are now saying they are acting on behalf of the creditor, did not OWN the debt, and therefore had no legal right to collect from you.

 

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!

 

"IF my application is accepted" is the key wording here.......what you need to see is the document confirming your application was accepted, and duly countersigned etc.

 

Lowell said they own the debt, but if you read the wording carefully, they clearly state CCA was received from their client.

 

If you have the original letter in which they categorically claim to own the debt, and the "pay up or else stuff", this could be seen as an attempted fraud. At the very least, deception.

 

Time to go on the offensive perhaps????

[dannyboy660]

"Client" could refer to the parent company Lowell Portfolio, but you still have them on a couple of other counts anyway.

 

Incidentally, I hear that Lowell Portfolio II are in a bit of poop with Companies House for late filing of accounts.

 

Now then, are they on the fiddle......or are they beginning to struggle a bit........or both???