Lowell Financial

[philius]

Hi guys, I'm after a bit of help as I don't know what to do next.....

 

In a nutshell......

I took out a 10k loan about 5 years ago and made payments for about a year before stopping paying altogether (unforseen circumstances). I haven't paid anything for 4 years and over that time the debt has been passed from DCA to DCA.

 

Recently I've started to get my life in order and have gradually paid off all of my credit card debts - totalling over 7k (which I'd also defaulted on) and am making moves to pay off the above loan.

 

I received a letter from the DCA - Lowell Financial (on behalf of Lowell Portfolio 1) detailing the debt (approx 9k) and telling me I had to call them. I wrote to them on 03/03/07 offering a full and final settlement of approx 3500. They wrote back on 26/03/07 offering a f&fs of 8100 (with 28 days to pay). I wrote back that day saying I couldn't afford that much and could go up to 4k (a relative will give me the money).

 

Then, on 18/04/07 I got a letter from Hamptons Legal (a trading style of Lowell Financial) threatening legal proceedings as I had failed to contact them. On 27/04/07 I got a letter from Lowell Financial thanking me for my correspondance and asking me to call them.

 

On 1/5/07 I posted another letter to Lowell Financial stating that I could only communicate via letter, and re-iterated the £4k offer.

 

Then on 2/5/07 I received another letter from Hamptons Legal (dated 30/04/07) saying that no further written warnings would be issued and they would start legal procedings unless I call them immediately.

 

Clearly I had been in contact with Lowell Financial for over 5 weeks and yet because I haven't contacted Hamptons Legal (the SAME COMPANY), they're trying to take me to court!

 

I wrote to them explaining that I'd been in negotiations with their sister company and to halt any legal action - I haven't heard anything back.

 

I have heard from Lowell Financial though - they have sent another 3 computer generated letters

Letter 1 - Standard letter asking me to call them

Letter 2 - Direct debit mandate

Letter 3 - FFS offer of.... £8100 AGAIN!

 

By offering a FFS have I admitted liability for the debt to them? Is it still worth asking for my cca?

 

Guys - any help or advice you can give on this will be much appreciated. I don't know what to do next - it's clear that all their responses are computer generated but I don't want to call them as I want records of all communication.

 

I think I've done things a bit backwards as I've already acknowledged the debt (i think?). i'm not disputing that i owe the money, and tbh, i don't care who i owe it to, I just want to pay it off for as little as possible so I can get on with the rest of my life and start to repair my credit score.

 

Thanks

 

Philius

[Vampyra]

I would send a CCA request - this is requesting your initial credit agreement. It might surprise you and it will stop them doing anything til they come up with it!

 

They are a nasty bunch old Clownells!

[maggieboo]

Definatley send a CCA request. I' ve been dealing with Lowells & Hamptons since November 2006. Lowells ignored all my letters and then I was passed onto Hamptons who threatened legal action and ignored all of my letters to them. I have sent a CCA request to Lowells and they have replied with a photocopy of my application form. There is so much useful information on this site and helpful people.

 

Good luck with it all.

[tifo]

£4k is too much. You should offer them 10% if you want to, then they will settle at 20% - 25%. Don't offer more than that.

 

Send the CCA as stated above and they will quieten down for a few months. Keep following this up every month to put the pressure on them to comply.

 

Also check your credit files as they have a habit of making mistakes and this will provide you more ammunition.

 

Eventually they may just give up or accept a very low settlement.

 

I've had 2 accounts written off by them and am after some compensation.

[philius]

Ok will do - I've just found the temaplate. Do you suggest that I stop all other communication with them (ie ffs offer letters) whilst I wait to hear from them?

 

Cheers

 

Philius

[powelll]

Yes - Don't do anything further until they have responded satisfactorily to your CCA request. Good luck with it

[tifo]

yes, send the s.78 CCA request (might be s.77 for a loan) and then don't contact them until you hear from them.

 

Include this in the letter and they will realise you know some of your rights.

 

"May I also remind you that, while in dispute, no further recovery actions may be taken on this account as per the OFT debt collection guideline (which takes into account their duty under the Consumer Credit Act 1974) section 2.6 (h) and 2.8 (k)."

[philius]

yes, send the s.78 CCA request (might be s.77 for a loan) and then don't contact them until you hear from them.

 

Include this in the letter and they will realise you know some of your rights.

 

"May I also remind you that, while in dispute, no further recovery actions may be taken on this account as per the OFT debt collection guideline (which takes into account their duty under the Consumer Credit Act 1974) section 2.6 (h) and 2.8 (k)."

 

Including the bit in bold? Should I say that I do not acknowledge any debt to them, or have i already acknowleged it?

 

Cheers

 

Philius

[tifo]

You can say that you don't acknowledge any debt if you like. They would need to prove that you had done it in writing if they argue the point. Making payments does not count because they had you believing that they legally own the debt at the time. Now you are asking them to prove this.

 

Yes, include the bit you have in bold. It means the OFTs duty under the CCA, and that their guideline takes into account the CCA.

[philius]

You can say that you don't acknowledge any debt if you like. They would need to prove that you had done it in writing if they argue the point. Making payments does not count because they had you believing that they legally own the debt at the time. Now you are asking them to prove this.

 

Yes, include the bit you have in bold. It means the OFTs duty under the CCA, and that their guideline takes into account the CCA.

 

Ok thanks, does offering a FFS constitute acknowledging a debt?

 

Cheers

 

Philius

[tifo]

Ok thanks, does offering a FFS constitute acknowledging a debt?

 

not unless you did it in writing and signed it. Verbally does not count.

 

in the end it comes down to the fact that any discussions you had with them in the past were under the belief that they owned the debt, and until they prove that they do then they don't have a right to your money.

[philius]

not unless you did it in writing and signed it. Verbally does not count.

 

in the end it comes down to the fact that any discussions you had with them in the past were under the belief that they owned the debt, and until they prove that they do then they don't have a right to your money.

 

I did it in writing - and signed it:sad:

All communications have been in writing so far - DAMN, I thought it was to my benefit:-x

[tifo]

oh well ....

 

just leave out the "i don't acknowledge" bit and send the CCA request with the £1 fee.

 

The address to send this to is :

 

Lowell Financial Ltd,

Enterprise House,

1 Apex View,

Leeds.

LS11 9BH

[philius]

Will do, thanks.

 

After looking around I've found 3 or 4 different CCA request letters:? - does anyone have a link to the definitive letter.

 

Cheers

 

Philius

[tifo]

here

 

With reference to the above agreement, I require you to supply me with a signed true copy of the credit agreement under which this account is conducted, together with any other documents mentioned in it. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (fixed credit) and s.78 (1) of the Consumer Credit Act 1974 (s.78 (1) for running – account credit). Your obligation also extends to providing a full statement of account, detailing all charges and payments to the current date.

 

I enclose £1 in payment of the statutory fee. This payment is NOT to be used to credit my account.

If this debt has been assigned to you from the original creditor, I also require that you supply a true signed copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974.

 

A true signed copy of the credit agreement, together with any other documents mentioned in it, and a signed true copy of the deed of assignment (if applicable), should therefore be supplied to me within 12 working days from the receipt of this letter.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

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 said agreement under the relevant sections of the Act.

 

Furthermore you are reminded that under s.78 sub section (6) whilst your default continues you are not entitled to enforce the agreement in law.

 

May I also remind you that, while in dispute, no further recovery actions may be taken on this account as per the OFT debt collection guideline (which takes into account their duty under the Consumer Credit Act 1974) section 2.6 (h) and 2.8 (k).

I look forward to hearing from you.

[philius]

here

 

Thank you!

[jampot]

Can you cover your back by saying that unless they provide what you are looking for, you don't acknowledge any debt?

 

You made a FFS offer in the belief that they had a valid debt - further down the line, you realise that they may not properly own it or have reason to believe it isn't valid, so even if you made a FFS offer, you can now rescind it - and if you say that, unless they prove otherwise, you don't acknowledge any debt, I'm pretty sure that covers all bases...

[philius]

oh well ....

 

just leave out the "i don't acknowledge" bit and send the CCA request with the £1 fee.

 

The address to send this to is :

 

Lowell Financial Ltd,

Enterprise House,

1 Apex View,

Leeds.

LS11 9BH

 

Nearly there - thanks for all your help so far....

 

Who should I make the postal order out to?

 

Cheers

 

Philius

[tifo]

postal order to 'Lowell Financial Ltd' if you're sending it to them.

 

also check your credit files. Defaults should be in the name of Lowell Portfolio I Ltd so if they're not you've got them by the nuts ..... this is a mistake they make sometimes.

[philius]

Thanks - it'll be off in the post tonight (recorded delivery). I'll keep you posted.

 

Cheers

 

Philius

[Vampyra]

Damn you should have said "I no longer acknowledge any debt to your comapny".

[philius]

I still have the letter.....

 

Missed the post office last night so was going to go up at lunch today.......

 

I can always change the letter?

 

Cheers

 

Philius

[tifo]

if you want to include the 'do not acknowledge' statement then you can do, there's no harm in it.

 

i advised to leave it out because you said you have already acknowledged the debt in writing and signed the letter.

[Vampyra]

Use the "I no longer acknowledge..." you can't be done for it - only told off if a Judge chooses!

[philius]

Right, I've had a response to the CCA request.....

 

Basically, they've acknowleged my request and will get it to me as soon as possible but have asked me to appreciate the fact that they may not be able to get it to me in the 12 working days stated.....

 

Any advice on what to do next? Should I wait for the 12 days before I do anything else?

 

The 12 working days ends 11/06/07

 

Cheers

 

Philius