Jump to content

  • Tweets

  • Posts

    • Thanks for your reply dx    no I haven’t moved, in all honestly I don’t think they have sent the NOA, hence why I have asked for proof. It was suspicious on the phone as they couldn’t find the letter and then couldn’t attach it to an email    I have no problem paying the £75 if they prove they sent it.    im disputing the £235 as I don’t think they’ve follow the COVID guidelines either. I’m at work and my sister answered the door who is deemed vulnerable and is shielding. I would have told them that if they done a risk assessment (I believe the ministry of justice require it)    im a little confused with what you mean by the NOA running out? They have told me they sent it on the 14th? 
    • Well, I'm being pedantic but I think they're using the wrong term.   Link to the Money Advice Service on salary sacrifice below. It doesn't sound like what you're doing.   https://www.moneyadviceservice.org.uk/en/articles/salary-sacrifice-schemes   HB
    • can you please refrain from using any hosting sites now please   read our upload guide carefully (esp about using pdfreducer websites) and pop the PDF up here.   can you also rotate the images!!   thank you
    • can't see how you can owe the £235 fee, just because of an error their way that ran the 7 days out because you didn't pay the £75 NOA fee in time. you need to confirm the address the NOA was sent too , thats all. have you moved since the fine was issued?   please be very careful about following advice on some bailiff sites, they can be very misleading at the best of times. if you've not moved, then there can't be any real dispute about not receiving the NOA, letters are deemed received 2 days after posting regardless.   i think you need to get WRITING to the company, offer the £75 . 
    • So after requesting a new SAR this is what we received. Can anyone shed some light on what I could do with these figures?  https://drive.google.com/file/d/1PLDAGPrHWMrmqhiu6CDA3Vxg1w8NYQqI/view?usp=sharing   (There is no sensitive info on this link)  Can anyone Help? 
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

What do I do next with Lowells financial


Please note that this topic has not had any new posts for the last 4461 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • 2 months later...
  • Replies 116
  • Created
  • Last Reply

Top Posters In This Topic

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

'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

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites
  • 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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites
  • 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:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...