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What do I do next with Lowells financial


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  • 2 months later...
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Hello again,

I've not been on recently as my Lowell chums have been rather quiet, with the exception of a couple of threat-o-matic 'Notice of Intent.... County Court.... blah blah..' letters, which after reading other users threads I've just blanked.

 

Yesterday (14/02/08) I received an invitation to Red Debt's Valentines ball at the Last Ditch Attempt. These lovely people have made me the fantastic offer of halving the alleged debt and giving me the opportunity to pay this off in one fell swoop, but it is only open for a limited time.

Now given that I've disputed this since day one, and that they have never provided a copy of a properly executed CCA, and if they could enforce this debt we would have all had our jolly day in court, I don't think I'm going to take advantage of this.

 

What I'm wondering is if it would be better to respond with an appropriate bog off letter or to just ignore this as well.

 

Any thoughts or suggestions on a best response or possible next move from these jokers?

Cheers,

DG

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That would be the Valentines Ball that was moved from the '' We Have No CCA Ballroom'' the. As with most of Lowells paper wasting excercises this is best ignored. Still it gives you respite from the threatograms until this fantastic once in a lifetime offer expires.

 

Andrew and his pals are getting desperate now. If they had such a watertight case against you they would have issued summonses by now. They are trying a futile attempt to CON you into paying for a debt they cannot prove.

 

I D I O T S

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Hey ODC good to hear from you. Many thanks for confirming my suspicions. Time to sit back and wait for thei next little love note. Must say I'm really glad I found this site, not just for the advice but the humor as well.

 

Cheers,

 

DG

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'Oh eck, the Opera queens re-enacting the "The Dying Swan":grin: :grin:

 

The Dying Swan - Wikipedia, the free encyclopedia

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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17 Port & Maritime Regiment RCT

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  • 3 months later...

Hello again folks,

 

After a long silence Clownell's have now made a next move. I've received a letter from a new player in the game, a JB Debt Recovery. Which reads like this:

 

URGENT

 

LOWELL FINANCIAL LIMITED V Mr. Devon Guy

Debt outstanding £xxxx Reference xxxxxx

We are writing to offer you a final opportunity to resolve this debt.

 

In a attempt to avoid additional legal costs out client is prepared to offer a settlement of 80% of the outstanding balance.

 

If you wish to accept this offer it is important you contact ourselves within seven days.

 

Failure to contact ourselves with regards to this offer may result on our client referring the matter for legal action.

 

Contact us immediately on telephone number

 

0870 744 6276

Recoveries Department

 

Not too sure how to proceed with this as Clownells/Red are usually the paper wasters, not encountered these guys before. Anyone any ideas on how to proceed with this (the seven day period has expired as the letter is dated 14th May and I only got it on the 21st!!!

 

Any help would be appreciated.

 

Cheers,

 

Devonguy

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80% Discount sounds too good to be true and of course this being Lowells it is too good to be true. This would mean Lowell would probably het what they paid for the alleged debt plus the cost of sending out the threatomatics. I note they say MAY result in our client taking legal action. What client is this. Oh yes the muppet on the desk two down beside the Fire Exit.

 

IMHO this is yet another cleverly:rolleyes: worded letter to get you to ring the threat centre hence the silly dates.

 

Its up to you but personally I would read over the previous threat letters and say MO DEAL to the bankers

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Hi ODC,

 

Thanks for the reply, should I be worried that this is from a new name (JB Debt Recovery) or have Clownell's branched out on the pseudonym department?

 

Would you recommend the usual ignore the idiots approach? It's probably what I'm going to do as I'd noticed the usual use of 'if, and, but, possibly, maybe' in the letter.

 

Honestly, just when you think the penny has dropped with people like this and they've gone on their merry way, they come crawling out the woodwork causing stress yet again!

 

Cheers,

 

DG

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Oh dear Lowells are in the Merde

 

Send this to JB

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

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Wow, impressive, thanks. I'll copy and edit that accordingly. Just checked their site, seems they believe they can collect just about any 'awkward debt' even statute barred ones. Can't honestly understand why anyone would want to work in their industry!

 

Cheers,

 

DG

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You could also write to Lowells and make a Formal Complaint about them passing on a disputed debt whilst under dispute. Still it looks like Lowells have admitted defeat.

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Now that is a BRILLIANT idea! I'll have a think on how to word one and try to get it sent off the same time as the one to JB.

 

Many thanks,

 

DG

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And it just so happens

 

The important bit is in RED

 

Dear Sirs,

 

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated **********, the contents of which are noted

 

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested Lowell supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date Lowell have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or Lowell, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as Lowell become compliant with my request. As Lowell are still not in compliance with my request I insist that the following takes place with immediate effect

  • All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  • All entries which refer to missed payments be removed from my credit file
  • All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

 

I trust this out lines the situation

 

Regards

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Fantastic, thanks ODC. I'll edit this and get a couple of recorded deliveries posted off to these jokers later on today.

 

Much appreciated.

 

DG

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  • 2 months later...

Hi Devonguy, was just wondering how you are getting on with Lowells - I too have an issue with them!

 

Give us an update when you can.

 

x

I'm the Mummy and quite frankly, the CSA can kiss my butt!! :lol::lol:

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