Another Lowells

[linda m]

I have also been getting threatning letters from Lowells,sent my £1 postal order and they sent back a Capital one application form with signature,a letter saying they had bought the debt from Cap 1 and a dozen statements.The last payment on this a/c was made on 27/10/2001 will this not make it statute barred as it is more than 5 years and I live in Scotland.What letter should I send them back ,the one saying the debt is now statute barred or leave it because they have not complied with the consumer credit act as they have not sent me the original credit agreement

[ICO]

I have also been getting threatning letters from Lowells,sent my £1 postal order and they sent back a Capital one application form with signature,a letter saying they had bought the debt from Cap 1 and a dozen statements.The last payment on this a/c was made on 27/10/2001 will this not make it statute barred as it is more than 5 years and I live in Scotland.What letter should I send them back ,the one saying the debt is now statute barred or leave it because they have not complied with the consumer credit act as they have not sent me the original credit agreement

 

Not 100% sure on this, but I think it is statue barred !!! Wish I lived in Scotland

[DanP1973]

Unfortunately for them they didn't include the Terms and Conditions so I wrote back to them reminding them of this fact and that they then had 3 days to get them back to me.

 

That was around a month ago and haven't heard a peep since

[emma81]

I think that you should send the statue barred letter to Lowell, i would if you could send it recorded delivery as they seem to not get letters i've sent them in the past, i would then see what you get back, they will probably do what they did to me and fob you off but stick in there you will get there in the end, i also seeked independant debt advice and they told me to ignore them as there was nothing they could do, i today have threatened to take file a Harrasment case against Lowell as they are breaking the OFT law.

[linda m]

Got a reply to the statute barred letter I sent last week.From RED collection services ,yet another trading style of lowell financial ,do they think we are stupid they apparently have been appointed d c agents for their client lowell portfolio lol. no mention of the statute barred letter I sent them ,just the usual drivel about paying it off,repayment plans possibly commencing legal action.Don't know if I should ignore them or send another reply I cannot believe they can be so thick as to think I would be scared into paying this.would love to phone them but I prefer everything in writing

[rory32]

linda make a complaint to the OFT. Read the sticky on OFT Debt Collection Guidelines - the area dealing with statute barred debt is towards the end of it. Also I would write a letter to the DCA (recorded delivery as always) informing them that you have now reported them to the OFT and any further communication whether in writing or verbal on this matter will be considered harrassment and you will seek prosecution accordingly.

That should hopefully do the trick. Oh, also report them to Trading Standards as well.

[linda m]

Thanks Rory 32 ,I read the sticky-nice one--will get on to this tomorrow,the more people who complain about them the more trouble THEY will be in:cool::grin:

[linda m]

phoned the oft consumer helpline ,they told me to ignore any more letters ,bin them. What bothers me is Lowells have got an entry on credit report about this statute barred debt

[dannyboy660]

It's interesting that OFT told you to bin letters from Lowell. I had Lowell chasing me for a debt that was not mine, and I made the mistake of trying to reason with them. When I eventually went to OFT, they told me in a roundabout way, that if I had ignored the letters in the first place I wouldn't have had any trouble at all - Lowell would have given up.

At the time I thought perhaps it was a joke, but reading some of these threads over the past few months it really has made me realise these DCA's/Purchasers have very few, if any powers at all. It seems the worst they can do is put a black mark on your credit record for a while.

 

I don't think a CRA will remove it unless or until Lowell tell them to, so I think you will have to go on the attack against Lowell, make them acknowledge the debt is statute barred by complaining to anyone and everyone. Tell them if they will not rectify their mistake by repairing the damage they have done to your record, you will consider legal action with a view to establishing their suitability to hold a credit license and process peoples personal and private data.

 

They are certainly becoming a rogue company, but the good news is the complaints against them are rising rapidly and surely it's only a matter of time before someone steps in.

[skintandbroke]

Hi

Similar thing happened to me with Lowell and they were great about it. i asked them for the CCA and they didn't respond at all, so after 6 weeks i wrote back to them and said they have committed an offence, and still no response. So aftre another 6 weeks I wrote to them and asked them to remove the default notice on my credit report and they did this within 7 days.

 

Keep writing to them, if you want my template i will find it for you, hope it all works out in the end.

[dannyboy660]

Hi

Similar thing happened to me with Lowell and they were great about it. i asked them for the CCA and they didn't respond at all, so after 6 weeks i wrote back to them and said they have committed an offence, and still no response. So aftre another 6 weeks I wrote to them and asked them to remove the default notice on my credit report and they did this within 7 days.

 

Keep writing to them, if you want my template i will find it for you, hope it all works out in the end.

 

 

That's OK, but the fact they did not reply to your CCA request is a bit worrying. The fact they "ignored" you, (the thing they fear most) means although they can't pursue, it may not stop someone else if the paperwork does come to light in future. It would have been nice if they had replied stating they didn't have it - or even better, it's no longer available.

[ODC]

Originally Posted by skintandbroke

Hi

Similar thing happened to me with Lowell and they were great about it. i asked them for the CCA and they didn't respond at all, so after 6 weeks i wrote back to them and said they have committed an offence, and still no response. So aftre another 6 weeks I wrote to them and asked them to remove the default notice on my credit report and they did this within 7 days.

 

Keep writing to them, if you want my template i will find it for you, hope it all works out in the end.

 

That's OK, but the fact they did not reply to your CCA request is a bit worrying. The fact they "ignored" you, (the thing they fear most) means although they can't pursue, it may not stop someone else if the paperwork does come to light in future. It would have been nice if they had replied stating they didn't have it - or even better, it's no longer available.

Rest assured had Clownells been able to get the CCA or something which they claimed was a CCA they would have sent it to you. It clearly does not exist so the chances of somme other DCA getting it is Nil although as DB says some one else will come along in a few months with more threats. Clownells usually buy debts which are nearly Statute Barred so this is another possibility