evelyn darling and lowell financial/portfolio/???

[bgqs]

Any update on this ?

[evelyndarling]

nothing yet but funnily enough this was waiting for me when i got home....

 

 

 

there must be something we can do about these "calling cards" i mean if i hadn't read on this forum that they do this i could be really afraid. its disgusting. how can they "call again" if it was damn well posted???

[bgqs]

I have enclosed mine with my TS complaint...

[ODC]

A standard Clownells ploy to get you to call. HTF would they know you were out if the card was posted. It dosent even make grammatical sense. Brainless Idiots

[Zimmie]

The amazing thing is that the card saying they are trying to contact you means..."we hope you will think this was hand delivered by someone who knocked at your door"...well it has a post mark...so was obviously sent in the post. Why not just write another of their 'slit your throat if you don't pay what we want" letters? Maybe its just to increase the threat!!

These Lowells things (I won't call them beings) have no morals and no scruples. They SUCK!

[bgqs]

I am hoping that TS have the same opinion....the frequency of their letters is not normal and the content is of a legally threatning nature despite my CCA request not being fully received...

[evelyndarling]

the scary thing about these cards is that i know, because i have already read of thier existence. but on the day it was recieved, my partner was at home as he is a student, and i hadnt told him about the possibility of the card. he called me whilst i was at work, panicing that some debt collector had been round and one of the other people in our block had answered to them. it was only when i asked him if it had a postmark and explained to hime it is a load of rubbish that he felt calmer. i took it into work today to see what my colleague thought and she automatically thought it was debt collectors at my flat. i then pointed out the fact that it was sent in the post and she was shocked. i guess a lot of people would get this and panic and not think about the fact it has a postmark on it and call lowells. its a shocking scare tactic and im sure it breaches the OFT guidlines 2000 on the use of "look alike" letters and correspondance. it makes me worry about all the older people or those who dont know about the legalities of these things. no wonder some people are driven to suicide from these sort of things. i sent them a nice letter requesting a complaints procedure and a copy of the oft guidelines regarding look alikes, highlighting this part...

 

"Section 40 of the Administration of Justice Act also provides for certain other offences in respect of the

harassment of debtors, and section 1 of the Malicious Communications Act 1988 provides for an

offence in respect of sending letters which convey a threat or false information with intent to cause

distress or anxiety."

 

i think the fact that they POSTED a calling card saying they had been to my house and would be back that evening is pretty distressing and causes anxiety and conveyed false information in the fact that A. they had NOT been to my house and B. they did NOT call back between 5.30 and 8.

 

im so angry about all this.

[ODC]

The best part about it is that they do not even say who TF the card is from although if you read the front closely they state in minute writing if undelvered return to blah blah

 

Its all designed by some brainless idiot to get some sort of a reaction from you such as a phone call so as they can harass threaten and bully you again

[bgqs]

Surely Trading Standards will take action as this is clearly unacceptable...

 

Also, check out the response that I got:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89688-lowell-financial-capital-one-2.html

[evelyndarling]

see thats the thing, its as if they know its not right, so they are trying to do it as anonymously as they can get away with. i half expected to have missed calls on my phone between 5:30 and 8:00 so they could say "well we did try to contact you" at least if they'd done that they could pretend that they meant phone calls.

[ODC]

see thats the thing, its as if they know its not right, so they are trying to do it as anonymously as they can get away with. i half expected to have missed calls on my phone between 5:30 and 8:00 so they could say "well we did try to contact you" at least if they'd done that they could pretend that they meant phone calls.

Dont worry they have no intentions of ringing between 530 and 8pm It just the usual Sh1te from clownells. They can say all they want about what they can do but at the end of the day if they cannot produce a CCA then they can do F all

 

Report these **** to TS

[evelyndarling]

just to let you know im still here - and maybe im jinxing this, but ive heard nothing back from TS nor clownells as of today... they have both recieved and signed for thier respective letters, im suprised lowells havnt been ringing my phone off the hook.....

 

maybe im speaking too soon... we shall see.

[ODC]

Clownells will pass you on to their paramilitary wing Hamptons iLEGAL and they as you will discover are just another branch of Clownells. They really cannot do anything until the debt is no longer disputed. They threatened me will all sorts a few weeks ago but like all empty vessell they make the most noise. Hamptons are even more ignorant, arrogant and nasty IMHO than clownells.

[diskmandave]

maybe im speaking too soon... we shall see.

 

[evelyndarling]

well today my pen pals lowells sent me a letter, it was TYPED and REALLY signed with a real pen (shock horror!) and was very amicable....(im just as shocked). it states...

 

thank you for your recent correspondence which was received on (date)

 

i can confirm that we will be conducting a thorough investigation into your concerns. upon completion of this investigation we will write to you again.

(i havnt actually complained - i merely wrote a short brief letter requesting their complaints procedure, stating that it was in reference of the card they sent to me saying they would call at my house which can be seen above in the thread. i also enclosed a highlighted copy of the guidelines from OFT about look alike letters and correspondence.)

 

please find enclosed a copy of our internal complaints procedure for your information. please take time to read this as it explains how we will deal with your complaint and when we will contact you again.

(in fact a lovely flow chart, starting with "our commitment to you" down to "after 8 weeks from the date you havnt received a response of are dissastisfied you can write to - financial ombudsman, and the address.)

in the meantime, if you have any queries please do not hesitate to contact me.

 

 

yours sincerely

 

Gary Benn.

 

im interested in the lack of meanness and nasties, and the fact that they havnt been sarcastic about my law facts i enclosed.....but im not holding my breath in the hope they might be finally getting the fact they are acting like cowboys....

[ODC]

No I think they are Sh1t scared of the FOS. They realise they havent a leg to stand on and if the FOS charge them £400 they will loose money on the pennies they have paid for your alleged debt

[bgqs]

I never received one of those letters...I am feeling left out now !

 

I did receive a copy of that flowchart you mentioned....not worth the paper it is written on ! I am preparing my FOS and TS complaint again tomorrow !

[evelyndarling]

just a quick update - leeds TS have said they will not deal with my complaint and sent it to my local TS. recieved a "thankyou for your letter" letter today and will now await a reply.

[ODC]

Surely Leeds TS will have to deal with it as the company is based in Leeds after all South Ayrshire are dealing with Mackenzie Hall

[evelyndarling]

hmmm. i wonder why they sent it back then? maybe they are in cahoots!

[evelyndarling]

TS have responded. its quite a good response, a bit confusing but it makes me feel safer....what shall i write to lowells now? i was going to send them a letter saying HA HA BLOODY HA but i want to be formal....

 

TS say... (i have picked out the key bits. the rest just clarified what id sent)...

 

 

and,

 

 

ANY views and opinions would be great, as im not sure where to go now, do i sit back and let them take me to court? i will let TS send the report to OFT and i find it interesting that the calling cards could indeed be unlawful - so if you have one damn well keep it - if we can prove this then we could even get thier licensce revoked!!!

 

eve

[ODC]

Excellent result from Trading standards about Clownells

[dannyboy660]

Good result....

 

That's a bit strange they want your permission to inform OFT as "OFT do not investigate or deal with individual complaints".....they dealt with mine last year. Perhaps that was part of the changes which took effect recently?? OFT were definitely interested in the activities of the Lowell Group then.

 

You have it there that what they sent you is not an enforceable agreement, so I think you're in the clear.

 

Anyway, good result. Well chuffed.

[evelyndarling]

this is what im planning to send to lowells. yes or no? if any one wants to help amend this id be very grateful because im not too sure if this is all okay.

 

 

Dear Sir/Madam

 

Attn: FORMAL COMPLAINT

 

Re:- Account/Reference Number

 

I would like to draw your attention to the fact that under the Consumer Credit Act 1974 section 78 you have not fulfilled your duty to supply me with a copy of my consumer credit agreement. You have defaulted under the given time scale. The document you sent me, twice no less, does not contain many of the prescribed terms that are part of a valid consumer credit agreement. I am in receipt of a letter further substantiating this from Trading Standards. I also wish to draw your attention to the sending of the “calling card” which was intended to look as though you had visited my home. The card was unclear, it is obviously worded to appear that a visit had been made, there is no prior “warning” to this proposed false visit, and therefore I wish for you to consider this letter as a FORMAL COMPLAINT in the actions of Lowell Financial Ltd. And Lowell Portfolio Ltd. To clarify, this complaint is regarding the failure to present to myself, within the given time scale, a copy of my Consumer Credit Agreement, and also the use of misleading, unclear correspondence with intent to cause fear or unease. I also wish to inform you that this matter will be taken further and please find enclosed a copy of the guidance I was sent by trading standards, and take note, though I’m sure your legal quarters will be aware, of the OFT ‘s powers which will come into effect in 2008. I look forward to your response.

 

 

Yours sincerely

then this enclosed...

 

 

 

 

any advice is appreciated!

[evelyndarling]

anyone?