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What do I do next with Lowells financial


Devonguy
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Hi folks, I'm new to this forum so if I get things wrong please forgive me. I'm just here to get a little advice if possible from some the (very) knowledgeable people on here.

 

I've been getting letters from Lowells (YAY!) regards an old debt (can't remember how old but must be coming up to maybe 6 years), using this site I've finally sent them a CCA request (12th 07/07) which they signed for (13th 07/07) I didn't admit to the debt. In response I received a letter last Monday (23rd 07/07) dated the 19th acknowledging my request and asking me to call them. (Which given the info on this site about them I'm not going to do).

 

Now I might be reading things wrong on here (as pencils go I'm not the sharpest), but on or around the 31st 07/07 they should provide me with the paperwork I've asked for, or they have no right to keep contacting me over an old debt.

 

Is this right?

 

If they don't get the CCA info to me by 31st I can just ignore their letters and any threats contained therein, or am I being too optimistic?

 

Please help, I've taken this as far as I dare without much knowledge of the procedures and now need some help as to what happens next.

 

Thanks in anticipation, Devonguy.

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If they dont provide the information required by a CCA request within 12 days the "loan" is in dispute and becomes unrecoverable untill they do send the information. if they still fail to send you your credit agreement for a further calendar month it is a criminal offence.

 

pete

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Just to add to Castle's answer.

Once they pass the extra month, this is the time to get all of your documents and logs together for a report to Trading Standards.

Wait until they start demanding payment AFTER the extra month beofre reporting them.

TS look on reports exactly at the end of the extra month badly, so wait for the DCA to make the first move.

Of course if they do supply a compliant CA then payment arrangements will have to be made.

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Be VERY careful whose advice you listen too

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Just to add to Castle's answer.

Once they pass the extra month, this is the time to get all of your documents and logs together for a report to Trading Standards.

Wait until they start demanding payment AFTER the extra month beofre reporting them.

TS look on reports exactly at the end of the extra month badly, so wait for the DCA to make the first move.

Of course if they do supply a compliant CA then payment arrangements will have to be made.

 

Excellent advice,

 

just sit back and wait

 

tick tock tick tock:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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All excellent advise, from the usual suspects above! :grin:

 

If I may stick my oar in too... Was the original debt in any way in dispute before it was sold on to the lovely Lowell Financial..?

 

Regards, 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

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Thank you to everyone who's replied to this, very useful advice. The 'debt' (it was an old Barclaycard bill) was never disputed, but similar to a lot of other cases, domestic issues etc. drove it from my mind and it became overlooked for a while. Must say, as far as I can recall Barclays only ever got in touch once about it, then nothing until now!!!

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Hi Again,

 

Just to check back, it's now 31st July and nothing from Lowells other than the letter I mentioned above asking me to call them. As they received my CCA request on the 12th this has given them (by my reckoning) 14 working days.

 

If I've read everything right they have defaulted and the debt is now unenforceable without court proceedings.(?) Anything they send chasing after 27th August is a criminal offence and all records, correspondence etc. should be passed to TS, OFT etc.(?) With the intention of highlighting the malpractice of this bunch of fly-by-night, get rich quick merchants.

 

Sorry if I sound confused but I'm just making sure I've got everything right. After reading some of the antics of Lowells on the forums it would be nice to deal with them (if I still have to) fully armed, as it were.

 

Thanks to everyone who replied and advised me.

 

Devonguy.

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Thanks Ben, so is there a point where I can just let this go as Lowells can't do anything or is this one of those keep watching your back this may return situations.

 

Cheers,

 

Devonguy

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Clownells specialise in buying up debts that are Statute Barred or nearly Statute Barred. They are arrogan Muppets who follow a very predictable pattern of threats from various scary names such as Hampton iLegal and the really scary RED DEBT. They are all in fact Clownells under different aliases and all as useless. They will not be able to produce a properly executed CCA. The main thing although Im sure you have already gatherd is NEVER EVER SPEAK TO THEM ON THE PHONE.

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Thanks for the advice guys. Yeah ODC I've heard/read all about their 'telephone tactics', so they'll not hear from me. Shame really because I think most of us would love to tell a Lowells employee exactly what we think of their company, their business practices and the type of person who does their job for a living by choice.

 

Still haven't heard anything from them since they acknowledged my CCA request, so here's hoping. Will check back in and update as soon as their are any further developments.

 

Again thanks to everyone who's posted with either sound advice or just words of support, it's nice to know you're not completely alone when vultures like these start circling.

 

Cheers all,

 

DG

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Thanks for the advice guys. Yeah ODC I've heard/read all about their 'telephone tactics', so they'll not hear from me. Shame really because I think most of us would love to tell a Lowells employee exactly what we think of their company, their business practices and the type of person who does their job for a living by choice.

 

Still haven't heard anything from them since they acknowledged my CCA request, so here's hoping. Will check back in and update as soon as their are any further developments.

 

Again thanks to everyone who's posted with either sound advice or just words of support, it's nice to know you're not completely alone when vultures like these start circling.

 

Cheers all,

 

DG

Sounds likely you will be hearing from their so called solicitors next then Hampton iLegal then they will pass you on to the paramilitary wing the supposedly scary Red Debt:lol:

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"Sounds likely you will be hearing from their so called solicitors next then Hampton iLegal then they will pass you on to the paramilitary wing the supposedly scary Red Debt

Today 15:41"

 

 

Mmmmm...not forgetting their desperate last ditch attempt (A.K.A) Mucky Balls.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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  • 4 weeks later...

Hello again all,

 

Just a quick update, or rather lack of update. It's now well outside the 12 + 2 + 30 day period after failing to provide a satisfactory CCA in response to my request. Other than the letter I received from Lowells acknowledging my request I have heard nothing more from them!

 

I'm a bit concerned because judging by the experience of others on here I should have been innundated with empty threats of court action and midnight visits from 'the boys'.

 

Anyone else ever exprerienced this particular tactic from Clownell's? Or are they possibly starting to act like a 'reputable' DCA?

 

Cheers all,

 

DG

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They are probably reading this as we post. They may have realised that you are on to their little game. They could of course be waiting on a new rain forest being chopped down to fill the paper hopper on the threatomatic computer

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Or are they possibly starting to act like a 'reputable' DCA?

 

roflmfao.jpg

 

Just sit back and wait!

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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Hi,

Exactly the same has happened to me with Lowell's as well.

Well past 12+ 1 month and nothing, not even threatening letters except the "we aknowledge reciept...CCA request" one.

I'm thinking this is a new tactic on CCA requests that have no agreement.

They are either waiting to see what we do, or worse they will resurface in 6 months time.

I'm thinking that if they resurface they may start going straight for CCJ's.

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  • 2 weeks later...

Hi Folks,

 

Back again. Well something has happened at last. On Saturday 8/9/07 I received a letter from our friends at Lowells (waaayyy outside the 12+2+30 time scale). It stated that enclosed was the info I requested (a CCA) and I should call them within seven days to arrange payment. Enclosed in with the letter was a very poorly photocopied application form for a Barclaycard, it's such a poor quality copy that the small print is nigh on impossible to read. It does however include a signature and a date, I can't see anything referring to T's & C's and suspiciously enough in the official bank use box there is no signature for or on behalf of the bank or anyone else for that matter. (Sorry I have no way of scanning this document at all so I can only provide further textual info if necessary no images). Does this sound at all like what they should have sent me i.e. a true copy of a properly executed CCA? And any advice on what my next move should be?

 

Thanks in advance, cheers folks,

 

DG

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Does it contain the necessary prescribed terms? It certainly doesn't sound like a proper agreement.

 

My Barclaycard "agreement" as supplied by Cabot is here - does yours look anything similar?

http://i152.photobucket.com/albums/s185/djdave2007/cabotapp.jpg

 

Have a look at this thread, it may help:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

  • 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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ok, new to the forum but have read many threads. I have received letters from Red advising of an outstanding debt. I had an overdraft with Abbey Nat back in 1998 - I was a student with no idea how to manage money and they just giving me money. In 1999 I moved address and due to my financial circumstance did nothing about it, nor can I remember how much is was for although I certainly didn't sign anything for the overdraft.

 

Late August I received my first letter from Red. I sent a letter asking them to send me all communication that had been sent from their 'client' Lowell but advised that this was an alleged debt that I did not acknowledge. Lowells then sent me a letter which advised an account number, previous address and an amount. On the same day I received another letter from Red offering me a settlement figure of half the amount. I have been on holiday for the last 10 days so only opened all these when I returned home yesterday but today I receive another letter from Red advising me that they had put me forward for a 'Home Visit'.

 

I am in the process of buying a house and have managed for the last year plus to stay above board with my debt, is my next step a CCA letter? This debt is now about 8 years old and in Scotland the prescriptions and limitations act advises creditors unable to claim after 5 yars - hope you can help.

 

Many thanks

Ripcurl

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Hi djdave,

 

The "agreement" they've sent me does look very similar to the one you were supplied by Cabot, (if not identical, idiot that I am I don't have it with me to make an exact comparison, but certainly very similar from memory). I can't really tell if the necessary prescribed terms are there due to the poor quality of the copy. If it is the same as your one have they sent me what I asked for or is this another of their ruses? Any suggestions on a next move?

 

Many thanks,

 

DG

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Rip, First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

In this case the debt will be statute barred and unenforceable.

Don't bother with a CCA go for a tsta barred letter instead.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

  • Haha 1

Be VERY careful whose advice you listen too

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