dencha v Lowell Portfolio 1 Ltd.

[dencha]

Hi All

 

This is my first post on this very inspiring site. So here goes.

 

I have had several letters in recent months from Lowell regarding a Barclaycard debt which was first taken out in the 1980's and of couse the endless phone calls.

 

The last letter recieved "notice of intention to issue county court claim" dated 20/02/07 from Hamptons Legal on behalf of Lowell Portfolio 1 Ltd with the usual Court Fees, Solicitors Costs and Interest added on for good measure.

 

Heard nothing since. This is for a debt defaulted in 1992 - 93 and agreed to pay £1.00 per month which as far as I know has been paid every month until stopped by Barclaycard whenever that may have been as I did not notice it being stopped and have not yet found when it was stopped.

 

The first phone call I recieved agreed to pay £5.00 to stop legal proceedings. Apparently this is not the best cause of action I now see.

 

Second call asked for £160.00 per month which reduced to £80.00 per month during the conversation , but was probably the figure they were aiming for anyway. I did not agree to make payments of any kind and have not talked to them on the phone since as the questions were read off parrot fashion and anything I said seemed to be ignored.

 

They also sent a letter in January giving a one off opportunity to clear the debt by paying appx half the amount they said I owed. Missed this one. Suspect it arrived after the cutoff date.

 

Original Creditor is stated as Barclaycard and an account No.

 

The question here is would my first course of action be a CCA to Lowell and SAR to Barclaycard.

 

It never rains but it pours. Today I recieved a letter from Arrow Global Recievables that Paragon Personal Finance have assigned an outstanding balance to them which dates from 1992-3 and I would think a debt originally with Universal Credit. This is all such along time ago it is difficult to remember everything from those days which for me was a totally different life. I do know that I am still paying £5.00 per month from my bank account through the Debt Enforcement Agency as I have done for nearly 14 years for this one.

 

Both have recommended solutions providers they are partnered with.

 

Should I treat this in the same way. CCA etc.

 

Any recommendations and observations would be greatly appreciated.

 

As a matter of interest found CAG doing a search for Lowell Financial. CAG top of the list.

[diskmandave]

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

[diskmandave]

In writing only! Don't ever talk to these people on the 'phone!

 

DMD

[dx100uk]

ok wwell i dont think i need to bah you over the head for giving these guys ANY money at all

they are DCA's THEY HAVE NO POWERS!!

 

you need to findout 'when' you last payment was made on the BCard.

if its more than 6 yrs ago, its statute barred now.

 

however, yep CCA both DCA's, that should stall things.

 

my suggeston would be to also SAR both the original Co's Bcard & ???? [whoever owns them?]

then find out the balances.

 

come back on here when you have the info.

 

might be an idea to search for the two Co.'s and see how others have gotten on too.

 

finally, don't worry!

once you have SAR'ed the 2 Co's then inform the DCA's that the A/C's are in dispute & IF they do not own the debt, nor able to produce CCA results i'd stop paying

but dont do that yet.

 

whatever you do, DON'T talk or make any further arrangements on the telephone.

refuse to talk to them & say you want all comms in writing Only, in all your letters out.

 

good luck

 

dx100uk;)

[diskmandave]

I have to disagree slightly... You need to send the CCA request, here:

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Make sure that it goes by Rec/Del and make sure that you include a PO for £1.

 

Maybe... After they have complied with a CCA request, SAR them but b4 that it's just a waste of £10 !

 

If they can supply a CCA by all means go down the SAR route and get the penalty charges removed! But for now, just the CCA request!

 

Regards, Dave.

[dencha]

Thanks for the quick response and extremaly useful information.

Just what I needed.

Will keep the thread updated.

[dx100uk]

hehe, see what you mean dave.

your like me, always helping.

normally assume the poster is wanting to claim back charges also

but in this case noy, so really an sar to the original debtors is unness at this time.

the cca will give the balance, so that should be enough to be going on with.

 

there is an advantage to maybe not sending cca's to the dca at all though?

why not just send sar's to the two original co's, then just inform the dca's that debts are in dispute, they should then back off and refer the debts back?

unless ofcourse they have brought them, then it IS DCA CCA time?

 

god its hot here tonight, have to go down to the basement and turn the boilers off me thinks.

only 10hrs to go though..

 

dx100uk:D

[dencha]

CCA request sent to Lowell Financial enclosing £1.00

 

Sent Special Delivery Next Day as has extra benifit of recieving name and signature scan available on the web.

 

 

 

 

 

10April 2007

Reference: XXXXXXXX

CONFIDENTIAL

Lowell Financial

Enterprise House

1 Apex View

Leeds

LS11 9BH

Dear Lowell Financial,

Subject: Barclaycard

Consumer Credit Act 1974

I do not acknowledge ANY debt to your company. I require you to supply the

following documentation before I will correspond further on this matter.

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act. Cheque No. 100679 should be used only for the purpose of complying with my request and should not be used to credit the alleged account.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

Yours Sincerely

XXXXXXXXXXXXX

[dencha]

CCA request posted to Arrow Global today.

 

New thread started at http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81311-dencha-arrow-global-receivables.html

[dencha]

CCA request reply from Lowell today

 

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXX

XXXXXXX

11 April, 2007

 

Dear Mr XXXXXX,

 

Our Ref: XXXXXX

Original Creditor: Barclaycard

Balance Outstanding: £XXXXX

 

We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974

 

We are also in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

 

While we endeavor to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

 

We will advise you further if it will take longer than the prescribed period.

 

Yours Sincerely

 

Andrew Bartle

 

Chief Operations Officer

 

12 days from today for default. Usual payment methods listed on reverse side of letter

[dencha]

Lowell defaulted on the CCA request on 27th April. The same day as they sent out a copy of my application form with a nice letter saying the account is defaulted although I have not yet checked my credit rating.

 

Now waiting on the calender month for an offence to be commited.

 

Letter and application form.

 

 

 

Now Lowell have sent me the alledged CCA fully expect letters and calls to start again. Rest assured I will not be talking to anyone on the phone.

[diskmandave]

Are those blackened sections unreadable?

[diskmandave]

Completely unexecuted if they want to call it an agreement, you can clearly see the bottom of the word application where it's not been not been scanned straight. Can't see an APR%, the t&c's are unreadable.

 

One for TS's this.

 

Have a read of my Lowell/Cap1 thread, more or less the same route to go down though.

 

Regards, Dave.

[dencha]

I have held them up to the light to see if I can make anything out but no, cannot be read.

[dencha]

Diskman

 

Looks as though you waited for the offence to occur before you went down the TS route with Cap 1.

 

Had a another close look at the CCA box on the application and looks as though someone has written over the top of whatever is printed there. The copy I have is not much better than the one posted.

 

Dencha

[diskmandave]

Yes, offence committed and then reported, no comeback that way.

 

I tried everything to lighten those boxes up but to no avail.

 

It's quite clearly not even stamped (other than recieved) let alone signed in execution.

 

Edit: I think the writing that shows through looks like the t&c's on the reverse of the application.

[dencha]

Only occurs in the black box above my sig box and nowhere else.

 

Definately written over the top and possibly a sig.

[maggieboo]

hi dencha

 

we seem to be at the same point re: lowells, i've just received back a poor copy of my application form too.

 

regards

maggieboo

[diskmandave]

I have held them up to the light to see if I can make anything out but no, cannot be read.

 

From Maggies thread:

 

With regards to unreadable copies of documents:

 

Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, every copy sent under the Act must be easily legible:

 

Legibility of notices and copy documents and wording of prescribed Forms

 

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

Regards, Dave.

[dencha]

Thanks Dave

 

I will keep it in mind if they start hassling.

 

Maggieboo

 

The reason your photobucket pic is small is because you have copied the wrong link.

 

In Photobucket you need to copy the IMG link which is the third one down. You have copied the URL link which is the first one. Hope this helps.

 

Now, I have shown you mine and now you should show me yours.

 

dencha

[diskmandave]

Hmmmmmmm.! I usually pay for this!

[dencha]

You can use this letter, just replace the information that you need.

Special delivery is guaranteed to arrive whereas recorded delivery is not.

 

CCA request sent to Lowell Financial enclosing £1.00

 

Sent Special Delivery Next Day as has extra benifit of recieving name and signature scan available on the web.

 

 

 

 

 

 

10April 2007

 

Reference: XXXXXXXX

 

CONFIDENTIAL

 

Lowell Financial

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Dear Lowell Financial,

 

Subject: Barclaycard

 

Consumer Credit Act 1974

 

I do not acknowledge ANY debt to your company. I require you to supply the

following documentation before I will correspond further on this matter.

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act. Cheque No. 100679 should be used only for the purpose of complying with my request and should not be used to credit the alleged account.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

Yours Sincerely

 

 

 

XXXXXXXXXXXXX

 

[evelyndarling]

im at the same stage as you with lowell, and have that same default letter, which is a load of rubbish. for me, i was paying instalments of £50 a month until this month and i paid the last one on the 16th of april, the next one isnt due until the middle of this month, yet they have defaulted me and demanded i pay them back on the basis of them sending a dodgy application form. they are scare mongers.

 

good luck.

 

evee

[dencha]

Debt now in hands of Red Debt Collections Services. (same crew). looks like a trip to TS for me.

 

[Zimmie]

Bet you are pooing your pants Dencha