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Lowell Financial / Date Discrepancies


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Hi All,

 

Being new to this forum (what a fantastic place!) I started a thread on the main page so it's not surprising that I received no replies (notwithstanding the help I received from recently from maggieboo et al on her own thread! Thanks again.). Now, having found what appears to be the right place, here we go again.

 

I have recently joined, what seems to be the legions of people experiencing the displeasure of having to cross swords with Lowell Financial. I received the initial ''We have bought your debt from 1st Credit (from whom I had no contact incidentally) and now you owe us £xxxx ounds...pay up'' or words to that effect. If need be, I'll post copies but I'm sure you've all been privvy to a copy of their standard first draft letter. I have also just received the infamous post card implying a personal visit had been missed (b*******). I haven't spoken to them and have no intention of doing so and plan to hit them with a CCA request shortly. See...I've been reading and already feel much better about things!

 

I do want to address another point however. The original alledged debt came about as a result of a bitter divorce. There was a CC joint account which we could not agree upon (among other things of course) and during all the upheaveal it seemed to lose its status as a priority especially when everything else was sold including the house. We went our seperate ways in 1999. Since then, some payments may have been made (of this I really can't be sure) but seeing as I have been living abroad since then (1999) and have had no contact from anyone up until now I would really like to know how to approach things. The worst part is that there has been a default put onto my credit rating saying that I defaulted in 2003? I'd been abroad for getting on for 4 years by then?

 

I have many questions that I need help with, I guess my the first few questions being:

 

1) How can I find out when the last payment was made without aknowledging this alledged debt?

 

2)Does a CCA request constitute acknowledgement in any way?

 

3) Has anyone else experienced this, what seems to me to be a massaging of dates?

 

I guess that will be enough to get me started but of course any help I can get would be greatly appreciated. Incidentally, they have called my mothers house a few times which is making her worry (that's the last address they have for me...they don't actually know where I live) so I'd also like to address that concern if possible.

 

Thank you all in advance for any time you give up to help me, it will be genuinely appreicated and believe me, once I get my teeth into this, I will pay it back.

 

Regards all,

 

P.

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Hi Prematurejack,

 

Firstly i would like to wish you all the best. Many people (myself included) are fighting these sharks.

 

Now i am no expert but I think the only way to find out when the last payment was received is to send a SAR (subject access request) to your original creditor. They will have 40 days from receipt to send you all the statements and any other info you require. Make sure you write at the top of the letter "I acknowledge no debt to your company". A template of SAR letter can be found within this forum. You will also need to send them a £10 postal order. Make sure you send it by recorded delivery.

As far as i am aware a CCA request does not constitute acknowledgement of any alledged debt, but again write at top of letter that you do not acknowledge any debt.

 

Someone with alot more knowledge than me will probably be along shortly. As i say i am no expert so if i have misinformed you i apologize.

 

Good Luck Langhar.

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Follow langhars advice. With regards to massaging of dates this, unfortunately, does not appear to be terribly uncommon. Particularly when DCA's are dealing with a debt that is either statute barred or soon to become so.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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With regards to phoning your Mum send them this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

You may also wish to include that to discuss the debt in any way with your mother is a breach of The Data Protection Act 1998 and you will report them accordingly.

 

The SAR letter can also be found in the templates library.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Pjack,

 

I experienced similar with lowell having gone through similar experience to yourself re divorce and joint account.

 

They issued a default on my credit file suggesting debt defaulted in October 2001 which i reckonis some 6 months after any kind of payment or acknowledgement would have beenmade by the ex for this account.

 

I am assured that a cca request inno way admits the debt as t is merely a way of establishing is it infact yours. however i did see a useful phrase on one of the posts here in a cca letter which makes reference to the statutory fee.

 

Not sure of the exact wording used but it will be on one of the posts here somewhere.~However it read along the lines of "I have no knowledge of and do not acknowledge any debt to your company but in the interests of resovling this would request that you provide me with.....etc etc cca request.....etc Please find enclosed postal order for the stutory fee.This is not a payment against and must not be used against the alleged debt but is the payment that you are legally allowed to take in order to provide the aforementioned agreement.

 

I thought this was a useful comment to add in given that they could try to take the fee as a payment and then the debt could not become statute barred for a further 6 years!!

 

I did not cca them but ignored everything they sent, the initial letters, the post card stating i missed a personal visit, the legal threats, the statuory demand for bankruptcy and the following final final chances they gave me.

 

I have now received a letter from another dca (jb debt solutions) who lowell have passed me onto!!

 

I wouldnt recommend ignoring a dca but i have to laugh at how these guys threaten allsorts and then end up passing me over to someone else just because I dont buckle!!

 

Good luck with them.

 

V

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Thanks for your help one and all,

 

I've taken on board all of the things you have said and as a result I intend to send off the relevant bits and pieces today!:eek: I will be sending them in seperate recorded letters so I can trace each bit individually (S.A.R to original Creditor and Telephone Harrassment Letter to Lowell).

 

Should I be sending a C.C.A to Lowell yet or should I wait for a response from MBNA re S.A.R??

 

I will of course be letting you know exactly what I get in response...it'll be interesting to see if anything has changed lately or whether it'll just be the bog standard replies many have received.

 

Interesting V that you've experienced the same thing as me, I'm actually quite looking forward to receiving a statement of account because I know for a fact that my default date is way out! I'm talking at least 18 months to 2 years! I wonder if they'll actually provide something!

 

OK...I'm gonna get on a do this thing now...I'll be keeping you posted!

 

Thanks again,

 

P.

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