Lowell fianancial chasing me

[nffc]

Found this site while researching lowell fianacial and can see that a lot of people have had dealings with this **** so was hoping you could help me out...

 

I first received a shock letter in the post from these morons on 16th july. They say they have bought an old debt of HSBC for £2500 They have been sending intimidating letters to me at least weekly. I have ignored them as it is so close to the 6 year period where the debt becomes void. this is my most recent letter received today from the ****....

 

We regret to note that despite numerous attempts to resolve your account you have chosen to ignore our correspondence and therefore you have left us with no alternative optoins.

Your account is being prepared to be sent to our litigation department, Hamptons legal, who will be instructed to take legal action against you. this will not only increase the debt payable by you due to additional interest and court costs but should the matter proceed you may have a charge registered against your property or monies being deducted from your wage.

This is your last chance to avoid this from happening. We want to help you resolve this matter and therefore you must call now and do one of two things.

1 make an offer of settlement that is acceptable to us

2 Set up a monthly payment plan that is acceptable to us

Remember the only way your debt is going to be resolved is by calling us. We would prefer not to take you to court, so please do not leave that as our only option. Call us now.

You will be given no furthur warnings.

 

I have a letter saved to my computer which tells them to leave me alone because the debt is illegal bank charges which I could contest. I'd rather not take on the bank in court though and would prefer to just go down the route of having the debt statute barred (sorry if thats wrong but I think thats what its called, the 6 year void law) and I don't want to send them the letter yet anyway because the date for the 6 years to be up is so so so close. I think it is October but defo November or December 2001 that I last had any dealings with them at the latest. And If I make contact then the 6 years will start all over.

 

I really don't want any thing bad on my credit report though, the last time I checked at the start of this year it was good so do not want any court judgements on there, especially cos my mortgage is up for renewal in the new year and I want to be able to get a good deal.

 

How long will it take them to get a court order? If they do get a court order, what happens then? will the court notify me that they have applied and give me chance to defend where I will hit them with the debt being illegal charges letter? And do you think they will send anyone to my house or is it just more scare tactics from them (received a comical postcode thing which was meant to look like it has been posted by some colllection bloke that has visited my house, but was sent by 2nd class mail...made me laugh!).

 

I can post details of some of the earlier threatening letters if needed but they just seem like usual b#llsh#t that debt companies send out

 

I really need some advice on what to do cos I am getting worried,

[42man]

My first instinct is to send them a CCA letter request, but at the top of the letter write in big letters - I DO NOT ACKNOWLEDGE THIS DEBT - enclose a £1 postal order and specify that the £1 postal order is NOT to be used as payment against any alleged debt (DO NOT SIGN THE LETTER WITH YOUR SIGNATURE) make sure you send it by Guaranteed Delivery / Recorded....

[nffc]

I thought that if i made any contact at all then that is acknowledging the debt

[gizmo111]

I thought that if i made any contact at all then that is acknowledging the debt

 

Not if you make it clear you do not acknowledge any debt and are just asking for proof/information.

[ashmk]

I would be inclined to ignor the letters if its going to be barred soon. They have asked you to make an offer of settlement so im guessing they own the debt and proberly brought it dead cheap and the chances are they havent got the correct paperwork to take you to court.

 

If it was me id just carry on ignoring them and file the letters, keep this post updated with anything that worrys you but remember they are going to try and scare you into paying but sayying all sorts.

 

You could send a CCA request with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY across the top just to see if they have the paperwork.

 

I know its not the soundest advice but my theory is if its becoming statue barred very soon then why risk it if all your getting is computer generated threat-0-grams that everyone gets as standerd.

[rory32]

I know its not the soundest advice but my theory is if its becoming statue barred very soon then why risk it if all your getting is computer generated threat-0-grams that everyone gets as standerd.

If the OP does not dispute the debt, e.g. does not requests a copy of the credit agreement and a statement of account, the next they hear of this could be a CCJ or an SD. Better to start disputing it now (as it would appear to be made up of unlawful charges) than have to do things at the last minute. This provides a stronger defence for any possible legal action.

[nffc]

This is the letter I have to stop the letters from them...

 

Dear Sir/madam

 

I am writing in response to your letter dated xx/xx/xx, a copy of which is attached.

 

I would advise you that it is in your best interest to take no further action in relation to the alleged debt that XYZ Bank has contracted you to recover from me.

I do not acknowledge any debt to XYZ Bank.

The alleged debt that you are attempting to recover has accrued solely from unlawful & unenforceable penalty charges imposed on my account by XYZ Bank.

 

I am now going to begin a legal dispute with XYZ Bank in relation to this matter.

 

I request that you do not contact me again about this matter. I would like to remind you that any threats of legal action or demands for money for a debt that is in dispute would be a breach of the protection from harassment act 1997 and will result in legal action being brought against your organisation for the same.

 

I will also take this opportunity to inform you that should you wish to begin legal action in respect of this matter, I will issue a counter claim for monies owed to my by XYZ Bank, plus exemplary damages. I will also apply to the court to order that whoever should bring such action against myself be listed as a vexatious litigant. I am confident that I would succeed in such action.

 

 

Yours sincerely

 

 

The main problem I have is the date is so close to the 6 year period, that if I do contest with the bank it being illegal charges that they will only give me the last 6 years worth of statements, which are useless to me as most of the charges will be over 6 years old which HSBC will not let me have proof of . If I request statements there will only be a couple of months worth cos the last time I did anything with the account was autumn/winter 2001.

 

I sort of know what I am doing with claiming against illegal charges as I am making a claim against my present bank. But requesting CCA is all new to me, could somebody explain to me please

[Curlyben]

Don't muck about simply send them the CCA.

Short and sweet and too the point.

Remember to head it: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

This puts the debt into dispute until it's resolved.

If and when lowell reply we'll hit them again.

Remember the KISS principle.

 

Here's my usual C&P on the subject:

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

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

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

Letter N.

Is it important to start the letter:

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

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[42man]

If it was me I would just simply send :

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

[rory32]

The CCA request asks for a copy of the credit agreement as regulated by The Consumer Credit Act. Overdrafts have some exemptions under the Act and so this type of credit agreement would just be a letter from the bank stating the amount of credit, interest and charges, cancellation rights, etc.

 

Without a copy of the credit agreement the debt is unenforceable.

 

They have 12 working days after receipt of your request to supply a copy of the agreement, after this period they are in default and can not lawfully enforce the debt until they produce a copy of the agreement.

 

It can quite often take months to supply a copy of the agreement, if one exists. At the moment all you need is a few months before the account becomes statute barred.

[nffc]

Sounds very good advice, I will get onto writing a CCA request straight away and will send tomorrow by recorded delivery

 

Thanks for your help and I'll keep you updated

[nffc]

My first instinct is to send them a CCA letter request, but at the top of the letter write in big letters - I DO NOT ACKNOWLEDGE THIS DEBT - enclose a £1 postal order and specify that the £1 postal order is NOT to be used as payment against any alleged debt (DO NOT SIGN THE LETTER WITH YOUR SIGNATURE) make sure you send it by Guaranteed Delivery / Recorded....

 

 

Just a quick question, Why do I not sign the letter?

[Curlyben]

Just in case they do a photoshop special on you.

Now you can sign, but make sure its different from your normal signature.

[nffc]

Ok I'll just initial it,

 

Do I need to do anything else after I have sent this CCA request?

[rory32]

Do I need to do anything else after I have sent this CCA request?

No just wait.

[gizmo111]

Ok I'll just initial it,

 

?

 

Or try this http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

[nffc]

I have sent the letter off today as advised!

[nffc]

Here is lowells reply to cca request...

 

We are in receipt of your request for a copy of the executed credit agreement in accordance with section 78 of the consumer credit act 1974

 

The agreement to which you seek is not a regulated consumer credit agreement and is not governed by the terms of the above act.

 

Our cliebt therefore has no obligation under the provisions of this act to suppl the information requested by you

 

We would therefore request you contact us on the number below to put forward ypur proposals to settle the outstanding debt.

 

Are they talking bull sh#t here and what do I do next?

 

Thanks for your help

[ODC]

Write back and ask Clownells to explain to you in writing why they believe the CCA does not apply to your particular debt. Tell them in your opinion it does and as 12 days have passed they are now in default.

 

The original letter you received from Clownells is identical to two I got from them before they passed me to Hampton ilLegal who then passed me to Red Debt. All three are just different branches of Clownells

[gerih]

I asked them to explain in writing why they thought a CCA was not required. Not a peep from them. Going through their complaints procedures now. 12+2 long gone. Plus 30 very soon.

[nffc]

My own view is that they do need to provide me with a CCA because the debt is that old that I can not remember any details of it... how much exactly? (i am not going to accept the amount they say without proof, I do not trust them one bit) , dates? (could be over 6 years), & other details of the agreement that they need to take me successfully to court...if there is one at all that is??

 

I am not going to go by what lowells say who have just wrote to me totally unexpectedly after approx 6 years since any last contact with the original company saying that I now owe them £xxxx without any proof what so ever, it's so ridiculous and they need to prove I owe them

 

Well I am going to continue to deny the debt as far as I am concerned there never was any debt until they can prove it,

 

I know I not be able to do this by myself but there seems to be very knowledgeable people on this site and I am grateful for your help

 

Has anyone got a template please to ask them why they think that a CCA is not required to prove I owe them?

 

And is there anything else I need to do yet?

 

Thanks

[nffc]

*bump*

 

Can anyone help please for a letter as to ask them why they think a CCA is not required?

[42man]

You mention the debt is from HSBC....can you remember was it a credit card or an overdraft ??

[Curlyben]

Try this on for size.

Edit as needed.

ACCOUNT IN DISPUTE

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

I am at a lose to understand why you believe that this alleged debt is not covered by this Act of Parliament. Further clarification from yourself is required to substantiate this position.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

[nffc]

It is a long time ago but I think it was originally an overdraft which got out of hand so it got made into a loan and I was meant to pay each month