Lowells debt collection?

[Marcus123]

It is a copy of your Consumer Credit Agreement to which no debt covered by the Consumer Credit Act is legally enforcable unless they have a copy of it....you would be surprised by the amount of companies that do not keep them......read through some of the other threads on here....it is very enlightening...!!

 

Top man thanks!

 

Would there have been a CCA as it was a bank account? Sorry bit slow in this corner....

[42man]

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,

Marcus - Remember do not HAND SIGN the letter....

[42man]

No problem....did you have an agreed overdraft with the bank ?....if it was agreed over the phone at the time - then it is very likely there is no CCA !!

[Marcus123]

Now this opens an interesting point.

 

Im not sure if this is my debt as i never had an account with the bank in question (although i had one with a company they took over). They cannot prove it was my account without a copy signature and DOB. So if i ask them for the CCA they must surely be in breach of the Data protection act by sending out the document and not knowing if it is me or not?

[Marcus123]

ok i will send the letter, it seems more appropriate. If it does turn out to be me then i can send the other one you recomended. In the meantime can i raise a complaint about them?

[42man]

You're tagging on quickly now Marcus !!!

[42man]

The decision is yours Marcus...whether you send a Statute Barred Letter or a CCA request, if it was me I would send the latter - as when I sent mine to Red they immediately came back and apologised for contacting me erroneously....

[42man]

Complain if they don't comply with the CCA request....you must....

[Marcus123]

I'd like to know that too,

Where do you stand if someone sells a debt but it's subject to an outstanding CCJ?

Your debt with the CCJ issuer has ended so surely you owe them nothing under a CCJ?

 

 

Can anyone update this with an answer?

[Curlyben]

It IS acceptable for a CCJ debt to be assigned to another party, BUT the judgement payments cannot be varied unless it goes back to court.

 

Now if this debt is subject to a CCJ then a CCA request serves NO purpose at all.

They all ready have the right to collect on it enforced by the courts.

 

Bear in mind what I said earlier, the CCJ payment amount CANNOT be varied, so Lowells CANNOT demand higher payments without going back to court and filing an N245, this they are unlikely to do.

[Marcus123]

Ok then if this is the case what would be the next course of action? They have made no comment of the CCJ, so far they have offered to halve the debt and as i did not respond they have now threatened to send a home visit.

 

As far as i am concerned they need to prove that the debt is mine before I take things further. Would it be best to ignore them still and see what happens?

 

I have the CCA letter weaiting to be posted but i would rather take the correct action....

[Curlyben]

If they still haven't proved that the debt is indeed yours why not try a simple "what the feck" letter.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Marcus123]

It is s route i could go down but a lot of the letter doesnt apply to what they have written. They have clearly obtained my details from the local electoral register and as i suggested earlier in this thread im not entirely sure it is the actual debt that it could be.

 

All i need is something for me to basically say "I dont recall this debt, can you prove it is me?"

 

As they have also offered to halve the debt for payment now, could that indicate that they are not aware of a CCJ otherwise surely they would be pursuing the whole amount.

[Curlyben]

As you say as they are offering a settlement it does seem that they don't have all the facts.

Go for it.

[Marcus123]

Edit

[Marcus123]

Ok i have slightly amended the 'what the feck' letter you kindly posted above.

 

This seems like the best course of action for the time being.

[Marcus123]

Ok here's the latest.

 

I sent off the letter which basically asked them to prove that the debt was mine and heard nothing for 2 months. Now I have received a letter from JD debt recovery in Glasgow saying that thei client is anxious to settle the debt and I should now contact them.

 

Basically totally ignored my letter to them and have now passed it another company.

 

This is now the 3rd company that has contacted me, Lowells, Red and now JD.

 

Any suggestions?

[42man]

Hi MArcus, I am 99% sure that if a debt is in dispute it can NOT be passed on to anywhere else.....might be worth sending the same letter to this company now i.e. 'what the feck is this'....

[The GodMother]

42 Man you are correct about it not being allowed to be passed on but the problem is OCs and DCAs dont understand that and as a result we end up with numerous letters about the same debt.

 

Sent the company that contacted you today advising them the debt is in dispute with the previous company and advise them that as the debt is in dispute they need to had the accont back to the previous company or you will be making a complaint to TS, OFT AND FOS. With that letter send them a copy of the letter you sent the previous company and proff they recieved the letter.

 

Check www.royalmail.com for the proof.

 

Give them 7 days from date of reciept to pass the account back and tell them you will be contacting the Ts oft and fos if not. This should make them pass the account back. If this does not let me know as i have the links for the relivant companys so you can compalin.

 

Chrissi.

[Marcus123]

Thanks for your reply. Another point i could do with an opinion about. My landline telephone number is ex-directory and I have never used it to contact Lowells, Red or JD. This morning I received a call from JD. I told them I do not waish to discuss this matter with them and hung up. 5 minutes later another person from this company called. I again told them to write and hung up.

 

Thisa is now becoming annoying and i'm not sure if they are breaking any rules.

 

Comments?

[42man]

I would send them a letter stating that you are NOT PREPARED TO ACCEPT ANY CALLS FROM THEM AND THAT ALL CORRESPONDENCE SHOULD BE IN WRITING - ANY CALLS MADE TO YOU WILL BE REGARDED AS HARRASSMENT AND TREATED AS SUCH - Make sure you write down the dates and times when the calls were made !!!! (did you write this all on your previous correspondence to them ????) as if you did they have committed a criminal offence by ringing you !!!

[The GodMother]

If you are Ex directory then they should not have been able to get your phone number.

 

I would contact your telephone provider and complain as they have more than likely given them the number.

 

They will try and deny it but dont accept it. They sell phone numbers in bulk and it does not matter if it is ex directory.

 

When l had a phone line l was ex directory the number had only been in for 3 hrs and l had someone coldcall me.

 

Chrissi

[Marcus123]

Thats awful.

 

Still I dont know what I stand to gain from having an argument with BT, they have my number now so it seems pointless and to be honest Ive had my fair share on confrontational conversations today.

 

 

I'll wait and see if JD bother to call again and if so I'll let them have the wrath.

[Marcus123]

Mods I realise that this thread should have been started in the Debt Collectors forum rather than in 'general debt'.

 

Is there any chance it could be moved?

[The GodMother]

You have the rite to obtain a refund towards your bill, commenly known as compensation. They wont give you money they will give a credit towards your bill.

 

You may not get anywhere as they may say we dont sell telephone numbers but we know it is a lie.