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Lowell Woes


tiger900
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Hi, I also am being chased by Lowell for a debt that is about 8 yrs old from my student days.

 

I was really inspired by DiskmanDave's thread which led to to take action for myself.

 

Basically, I owe £1157.66 which was sold by the Co-operative Bank to Lowell Portfolio Ltd on the 31/05/2005. It has taken them 2 years to find me, possibly because I bought a house recently(?).

 

On the 16/4/2007, I received the first letter from Lowell Portfolio informing me that they had bought the debt and they wish to have it cleared by me paying up.

 

I then got another letter on the 23/4/2007 from Lowell Financial, saying they had been instructed by Lowell Portfolio to contact me regarding the debt of £1157.66, and saying further action can be prevented by either paying in full or agreeing a payment term.

 

In the meantime I had discovered CAG and found a standard letter that asked for a copy of the original credit agreement within 12 days. I enclosed my £1 and sent it off to Lowell Financial. This was sent recorded delivery on 3/5/2007.

 

On the 4/5/2007, I received another letter from Lowell Financial saying that as I had made no attempt to contact them, they had appointed an agent to visit my home to discuss my repayment. I took no notice as I had already sent my letter asking for a copy of my credit agreement, which I could show if they darkened my doorstep.

 

I then got a letter from Lowell Financial dated the 14/5/2007 saying they were in receipt of my letter and would endeavour to get a copy of my credit agreement to me within 12 days and would inform me if it was going to take longer.

 

On the 4/6/2007 I finally got a copy of my credit agreement, 21 days after my request. They also state that the account is in DEFAULT, how much I owe them (£1157.66) and a phone number for me to pay them within the next 7 days. (I have attached the CA to this thread but not sure how it appears as Im new to this site!).

 

Then one day out of the blue, (not sure of the date, not dated - around 12/6/2007) I got a card thru my door (posted 2nd class) saying "Sorry you were out - we are trying to contact you". It doesn't even say who it's from. The givaway was the return address... the same as Lowells.

 

This promted me to write another letter to Lowell Financial saying - "Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on 3rd May 2007 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form. A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible." I sent this recorded delivery but have heard nothing.

 

Then on 26/6/2007 I got a final notice saying they were instructing their legal department to apply for a CCJ against me and may involve bailiffs removing goods to the value, or obtaining a charge against my house, or deduct payment from my salary or bank account. I took no notice of this because I have the recorded delivery slip stating that I posted the 2nd letter to Lowell of which I have still heard nothing.

 

On the 3/7/2007 I get a letter from the dreaded Lowell Financial saying they are preparing my account to be sent to Hamptons Legal who will be instructed to take legal action against me.

 

That is where I am at with it. H E L P!!!!!

 

Do I send the 2nd letter again or do I sent something more 'weighty'?

 

If anyone can help me with this I would really appreciated it. I hate the way these Lowell people operate. So far I have not let them intimidate me but no Im getting worried..... HELP!

 

Tiger900

copy-of-credit-agreedment-f.jpg

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Is it possible you could get a better copy of the document you have attched on to the forum so we can have a look at it for you?

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Back up a little...

 

You say this is from 8 years ago. Have you acknowledged this alleged debt or made any payments within the last six years? If not, it's statute barred and Lowells should not be attempting to collect. In fact, they may be acting unlawfully by doing so.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Hi DjDave... No Ive never acknowledged the debt or paid anything in the last six years (as far as I remember).

 

Should I get in touch with the Trading Standards Agency do you think?

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Hampton legal and Lowell are the same bunch of morons.

 

im sure i read that somewhere. Can anyone confirm ?

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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If you're sure you've not made any payments or acknowledged the debt (in writing) then definately report them, yes. The OFT's view is that persuing a Stature Barred debt "could" constiture harrassment under the Administration of Justice Act.

 

A polite but firm letter pointing this out to Lowells should get them off your back.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Hi Tiger900

 

If this is over 6 years old and no acknowledgement or payment has been made within the last 6 years then just send a letter to Lowell quoting the Limitations Act 1980 and would they kindly go forth and multiply. I'm sure there is a template on this site somewhere - if not just dig around a bit - oh and don't forget to put in any letter " I do not acknowledge any debt to your company or its associates"

 

Just spotted link - use letter M

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

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DjDave.... what is the proceedure for the OFT? Do you know if I can just call/email them or do I need to write a letter to them outlining the whole Lowell thing?

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DjDave.... what is the proceedure for the OFT? Do you know if I can just call/email them or do I need to write a letter to them outlining the whole Lowell thing?

You're best complaining to the Financial Ombudsman Service (FOS) but they understandably insist that you try to resolve the issue amicably first.

 

Fire off a letter to Lowells, and while you're at it ask them for a copy of their complaints procedure.

 

There's a good chance that Lowell bought this debt cheap and are just trying it on, and therefore you won't hear any more from them. But if they don't send their complaints proceedure, or if they continue to chase you for payment, make your complaint to the FOS.

  • Haha 1

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Thanks Gerryb2 for the link to the letter I need. Can I still send this letter as I have already communicated with them asking them to send a copy of the original CA (which they didn't - they sent me a rubbish copy of the back page containing my signature)?

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I just posted off my letter (template M - as advised in this thread - thanks all) to Lowell. Hopefully that will keep them off my back.

 

I will post an update when I get a response from them.

 

Thanks for your help peeps. Fingers crossed.

 

:)

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Next step after Clownells pass it on to Hampton iLegal their so called solicitors is for them to threaten you with Red Debt (another branch of Clownells) who specialise in insolvency. As everyone had said the debt is statute barred now so they can go whistle. Clownells are a company who specialise in out of date debts which are unenforcable and they usually rely of mistruths and threats to intimidate people into paying. Sadly for them people have discovered CAG. Every thing you have received so far follows a pattern that any of us who have had the dubious pleasure of dealing with these muppets have received inclding the posted yellow stupid card. They are generated by their threatomatic computer.

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tiger900, next step is Trading Standards. You can find your local office here;

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Also, have they signed for your "not what I asked for" letter?

 

At the same time as getting in touch with TS's write to Lowell again simply requesting a copy of their formal complaints procedure. And don't forget... 1st class signed for and print off the tracking page when it's been signed for. My advise is always to get a box file with individual folders for each creditor so everything can be kept nicely in order for instant reference...

 

Good luck, keep us posted.... Dave.

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If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

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  • 2 weeks later...

Wow, a flurry of activity over the weekend... I got letters from both Hamptons Legal and Lowell Financial.

 

In reply to the letter I sent to Lowell (Template M - elsewhere in this site) I got this.....

 

"Thank you for your recent correspondence regarding the above matter (the debt of £1157.66).

 

We note your comments and after investigating this matter further we can inform you that unfortunately the Limitation Act 1980 Section 5 is not applicable in your case.

 

As the amounts you currently owe we now require payment of the full balance or alternatively, we will require a proposal of payment from you for our consideration."

 

They dont say why it's not applicable and they didn't sent the complaints procedure I asked for.

 

The letter I got from Hamptons Legal is a bog-standard letter saying I need to arrange payment in full or they will instruct a bailiff to remove goods etc, or obtain a charge against the property , and all the other blah they are threatening me with.

 

According to the original credit agreement they sent me some time ago, I signed on the 24th Feb 1999. Im no mathmetician but my calculations make the debt 8+ yrs old.

 

Another thing is my name. Since 2004 I have taken my mothers maiden name as my surname was my step-fathers. This debt is in my old name and they are still corresponding with me in this old name even though I have used my new name in all my correspondence to them. Not sure if this has any bearings on anything, just thought I better mention it in case it presents other problems for them and opportunities for me :-)

 

I haven't written to Trading standards yet, I thought I would wait until I got a reply from Lowell. I didn't expect the reply they sent, I guess I was hoping for them to say 'OK, we'll let it go now'. But then thinking about it, why would they until they absolutely have to. If these people are the vampires that everybody says they are then they are not going to give in that easily.

 

If anyone has any advice for me as to what to do now, it would be mucho appreciated as I feel a little 'stuck' now and dont know what to do.

 

Ps. they did sign for the "not what I asked for" letter that I never got a reply to.

 

Thanks in anticipation... Tiger900

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The date of signing the agreement may be 8 yrs old that is Not what counts. Six years need to have elapsed between the last payment or your written acknowledgement of the debt. Have you not paid anything within the last 6 years.

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As Dave rightly pointed out it's now time to get TS on the case with this one.

So basically they are chasing a stat barred debt and refuse to give you any reasons why.

Hmm I'd be inclined to S.A.R - (Subject Access Request) Co-Op and see exactly what has gone on.

 

Also on another note, I'd say that the enclosed CCA does comply anyway as there are a number of prescribed terms missing.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

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Be VERY careful whose advice you listen too

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Hi DjDave... No Ive never acknowledged the debt or paid anything in the last six years (as far as I remember).

 

Should I get in touch with the Trading Standards Agency do you think?

You need to be 100% sure on this. It's worth doing an S.A.R - (Subject Access Request) on the original creditor to check. I was in the same position some time back and SAR'd the OC.

It's worth the peace of mind.

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You need to be 100% sure on this. It's worth doing an S.A.R - (Subject Access Request) on the original creditor to check. I was in the same position some time back and S.A.R - (Subject Access Request)'d the OC.

It's worth the peace of mind.

An SAR to the original creditor is always a good idea. It gives you loads of info. Also it lets you know exactly when the last payment was made just in case the DCA tries to fob you off with a little story of £ 5 being paid two years ago in order to stop you claiming its statute barred. Of course Im sure no DCA would condone this sneaky and illegal trick:rolleyes:

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Having had another look at the "agreement", it's clearly headed as an application...

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Sorry, was called out to a job yesterday and had to leave quickly...

 

So basically, they have not provided sufficient evidence that I actually owe this debt, yet they expect me to just hand over the money. I dont think so!

 

I will, today, write to Trading Standards explaining what has happened up till now.

 

I will also request a SAR. Does anyone know if there is a sample template for this kind of thing? I have looked in the templates section but cant see anything that would do. Also do I send it to the bank (Co-op) or Lowell or Hamptons, or all of them? Does anyone know how much it costs to get a SAR?

 

Should I write back to Lowell asking for more information (and their complaints proceedure, again), as all they have given me so far is a photocopy of my signature on an application form!

 

Sorry for all the questions, I am new to all this. But what an empowerment I feel after using this site and everyones kind help :-). I have told all my friends to stop 'givin in' and start taking action for themselves. Power to the people. This site is great!

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The S.A.R - (Subject Access Request) cost 10 quid and should be sent to the original lender. I will dig out a template for you. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Clownells and Hamptons are just the same bunch so write to Clownells asking for a copy of their complaints procedure.

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