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    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
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Mackenzie Hall- trying it on??


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Hello all,

 

In desperate need of a soothed brow and re-assuring pat!

 

Totally out of the blue got a letter yesterday morning from Mackenzie Hall with big red bits all over it and 'Final Notice', 'will not hesitate to take further action', 'payment deadline NOON 23rd August 2007 (yes, the date i recieved it!)

it was a demand for payment for £343 for Lowell Portfolio 1 Ltd and i didnt have a clue what it is about as i do not genuinly owe anything to anyone and havent done for many many years.

 

So i (everybody groan) phoned them. I was bloody angry about something like that coming through my door for no reason!

After being spoken to like a piece of dirt on the phone by some obnoxious chap, finally found out that they claim the debt is for default on a Barclaycard account.

 

Now this is when it gets REALLY unbelievable, i said that i havent owed anything to anybody for eons, and exactly when to they claim i owe this money from, it seems the default occured in September 1999.

I pointed out that this was 8 years ago and how on earth did they expect me to have any memory or records for that matter, going back that far!!

They said prove you dont owe the money, i said prove that i do and take me to court. They admitted that they were no longer able to take me to court but then said 'there are other means in ensuring outstanding debts are collected' - he refused to clarify exactly what he meant by that!

 

So, no i dont intend to ring them again, just need re-assuring that they are well outside any limits for court ect, what can i expect next from them and any suggestions please?!

Thanks in advance.

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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Hi there OP,

 

Try this page for a suitable reply - Creditors and DCAs - Letter Templates & Budget Planner

 

If the alleged debt is 8 years old as you say and no contact in writing or any payments have been made in that time then the alleged debt will be Statute Barred, meaning they can`t do anything about it, it seems they know that in saying `they were no longer able to take you to court`, the rest is just bully scare tactics to try and get you to play ball.

 

You need Letter `M` from this page and you need to copy/paste it and edit it to your needs.

 

NEVER speak to these imbeciles on the phone, if you answer by mistake, hang up and communicate ONLY by letter, keep all copies of letters received and sent.

 

Keep us updated on the CAG site and there will always be someone around to help you on your way.

 

Regards

 

 

N.P.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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As you already know, you must have no further phone communication with this bunch.

Get everything in writing.

YOU know and THEY know that they have no chance of recovering this 'debt': you can probably look forward to more red-tinted letters, but all they amount to is hot air.

 

No worries.

 

;)

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"Trying it on"?

 

More like fraud, I'd say.

  • 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 so much for the responses, feel ALOT better now!

 

N.P Thank you for the very prompt response, and very helpful info. will be doing the letter tomorow

(and yes, it is 8 years, i made him repeat the date 3 times, 1st response = what date did you say? 2nd response = youre having a giraffe!, 3rd response = you really cannot be serious!

 

As you say oneofakind, I have no intention of phoning these people again, they do themselves even more harm by their attitude on the phone.

 

Dates on my letter exactly same as your OH's letter detectall,

 

makes me wonder if they suddenly realised it will be christmas soon and they dont have enough in petty cash to buy the office tin of sweeties, so this is their version of a whipround!

 

How are these people still in business?

OP

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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does anyone else think that it might be worth going to the police over this one?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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makes me wonder if they suddenly realised it will be christmas soon and they dont have enough in petty cash to buy the office tin of sweeties, so this is their version of a whipround!

 

How are these people still in business?

OP

 

Possibly :rolleyes:

 

By the way, East Ayshire TS are VERY interested in this buch as are OFT ;)

 

Good luck and best wishes,

 

BB

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As N.P. suggests (not me in another guise by the way!) send the statute barred letter. Send it Recodrded Delivery and keep the slips and get the signed for date from the Royal Mail website.

 

Then if Paul Mac's muppets sends more letters you can claim it to be harrassment and then reports and complaints can ben submitted.

 

It is true to say that East Aysrshire TS are interested in this company but so far have done little about them. They referred me to OFT and OFT referred me to East Ayrshire. So the best person (possibly) to contact would be the Financial Ombudsman. But in order to make an effective complaint against MH, and all other debt collectors who fall foul of the law, is to exhaust their internal complaints procedure. MH's appears to be an e-mail address which is never answered.

 

When that process is complete, and you have the proof the problem has not been solved, you can go to the FOS. That will cost Paul about £400 straight away. less money for the Christmas bonus all round then!

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Thanks Nailpost and babybear, i am certainly going to send that statute barred letter, and wait and see what happens. will definately contact TS and FOS if i hear one more peep from them!

 

feeling alot happier now having read your posts and others in this forum, was really stressing out!

had some major, major debt problems up to 10 years ago, nearly got house repossesed, had to fend of ccj's, and the dreaded First National Bank (got a £15,500 alleged secured loan wiped out due to their unfair interest terms, they decided to charge 49.5% apr would you believe, final balance was from an original loan of only £3000 that had already had £9000 paid off. they had a forged signature on the paperwork securing the loan on the house, their escuse was they lost the original, so had to produce another! and expected to be taken seriously that an original loan of only 3 grand had a repayment due of £24,500 in 3 years!!!!)

 

Nearly had a nervous breakdown because of it all and took the past 10 years to get over it all and get straight. so this started me panicking again. Just wish the CAG had been around 10 years ago!

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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It's definately due to my Scottish accent :p

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Chasing statute barred debts seems to be MH's speciality, I had one recently and sent it back asking for copy of last bill sent and cca request - letter received saying debt returned to clients requesting no further action. Wonder who will pick up that debt next.

 

Similar situation, lots of old debts, which DID get paid off eventually but still being chased for the odd one - 9 years later in the last case!

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Wow, glad I found this thread. I have had exactly the same letter (same date and delivery).

My thread is here and I have just sent letter N (SAR).

http://www.consumeractiongroup.co.uk/forum/general-debt/112104-broke-dave-barclaycard-possibly.html

 

Will follow up with other letter as suggested here.

 

Good luck everyone.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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