Lowell Financial

[Mowgli81]

Hi,

 

I have been recieving letters from Lowell financial saying they have bought my debt from HSBC bank, it alleges that i owe them £735. I had an account with HSBC and had an over draft on that account when i was 18. Am i able to send a CCA letter to Lowell finacial to stop them chasing me.. the last letter i rrecieved advised that within 7 days of the letter they were going to take further steps to recover the money owed by applying to a court ,instructing a baliff or deducting it from my wage. Is this possbile.. PLEASE PLEASE HELP

 

i am now 25 so believe it has been at least 6 years and i have never acknowledge the debt is mine..

 

IS the anything i can do

 

Any advice will be greatly appreciated

[payingonlyencouragesthem]

Welcome to CAG. http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

for the CCA which will almost certainly sort the problem. You can, indeed you must, CCA otherwise you could get sued and they could do those things if they won.

[Mowgli81]

thank you for your help.

 

does it make any difference if the debt has been passed from DCA to DCA as have recvd letters in the past from other agencys but they were sent to the wrong address and have been forwarded to me.g

[payingonlyencouragesthem]

It's normal for one or two DCA's to be involved before it's sold on to the bottom feeders like Lowell. CCA Lowell asap.

[Mowgli81]

can you explain to me the how the CCA request works ?

[setmefree]

just send your CCA to the last DCA ,it's for them to gather together the info you require no worries.

suggest you use a postal order, cheques have to be signed if you know what i mean..not as if any DCA would ever consider copying it

also just print your name at the end of the CCA request

 

good luck

[setmefree]

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

 

Re:− Account/Reference Number

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. i enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Under no circumstances does the £1.00 postal order form any part of payment on the above account.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

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 agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

[Mowgli81]

Thats great thanks so what happens if after 12 days i haven't recvd the info i have requested.. is the debt written offor do i need to do something else.. the whole thing is starting to get me very worried

[setmefree]

Dont worry after you send the CCA it's for them to prove that the debt exists i.e. providing a true copy of the original CCA. if they do manage to get it post it on here , rory has a keen eye for mistakes in them . lol... send it recorded or special delivery you can then gain proof of receipt and obtain a signiture on the royal mail website.

[Mowgli81]

so send it off and after 12 days no reply then no debt

[setmefree]

12 days +2 (postage) is what they must comply to,after that no enforcable debt.

[Mowgli81]

do i have to do anything after the 12+2 days or is that the end of it?

[setmefree]

certainly dont remind them they know the score:D.

[Mowgli81]

i dont understand ?

[Dispirited]

i dont understand ?

 

He means don't offer them any information, they know the rules.

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested. After a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA and also the Information Commissioner's Office.

[Mowgli81]

so do i need to give them an address to reply to or not..

 

do i give them my name ?

 

sorry for all the questions but i dont really understand the legal side of things

[Mowgli81]

OK now i am worriedi have recieved a final demand letter stating my accountis with a pre litigation deaprtment. What does this mean.

 

am i still able to send cca request if i do it today

[Belaflat]

I wouldnt worry too much about litigation depertments where Lowlifes are concerned.

Take a look at the address of the following companies,

Lowell financial,

Lowell portfolio 1

Lowell portfolio 2

Hamptons Litigation

Red Debt UK

 

Well well, lookey here, they all seem to share the same address, what can that mean?

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

[Mowgli81]

i am going to do the cca letter now which address do i send it to

 

po box 172 leeds

 

or

 

1 apex view leeds

[setmefree]

put your address in with the CCA request letter

yes print your name not sign at the bottom of the request

do not worry about pre litigation it's a tactic they use to try to get you to pay

 

address to sent is

1 apex view

 

keep a copy of the cca request and dont forget to date it.

[Mowgli81]

To all of the above people who have posted on this thread i thank you very much for all your advice.. i will keep you updated..

 

 

Still feel very very worried about the whole thing but heres hoping in 12 days + 2 that it will all be over

[Curlyben]

Mowgli, send the CCA TODAY.

This letter you have received is complete and utter crud.

Pre-litigation is another scare tactic of these "people".

 

Now is the time to make them do some work and PROVE that they can legally collect on this debt.

 

Remember the CCA is a normal business letter so you must identify yourself in it, so your address IS needed on it as well as there reference, etc.

 

As has already been mentioned they have 12+2 WORKING days to respond otherwise the debt is in default and any payments can be stopped as they have no legal right to enforce it.

After a further month they commit a summary criminal offence and are in serious trouble.

 

If they DO produce a valid CCA then you must resume any payments to them.

 

Make sure you document and log ALL your activities with these "people" as it will be needed later on if they continue to demand payment.

[Mowgli81]

ok thank you again for all advice given i am writng the cca letter now

[Mowgli81]

ok i have written the letter that was posted above ..

 

who do i make the postal order payable to ?

 

a quick reply would be appreciated i would like to send it off today