Hi I am so worried - I live on my own and have noone to turn to. Baiscally without getting into a long essay I took out a MBNA credit card in 1998. Ex partner used the card but paid monthly up until the last payment march 2007. We stopped getting statements and after spending hours on the phone aguing with them about non statments I gave up. My credit file now says £2000, defaulted November 2007 status history 8... I never recieved a default notice or heard anymore from them. Partner and I spilt up and we both moved in late 2008. Have been renting until last year when I got a mortgage. In 2010 started getting letter sfrom Equidebt offering massive discounts - getting a letter once a month or so. I ignored becouse the card number they refer to is completly wrong. Then all went quiet......now I have had an Assignment letter sent to me from Lowell Portfolio. Then a month later another from Red Debt stating they are going to look at my Credit file for assets - I have a car which I need for work - value is about £1400 and am on 30 hours a week at £6.50 per hour! So I struggling to say the least! Have composed a letter to Lowell requesting copy of original signed CA containg prescribed terms and not addmitting to debt. Sending £1 PO etc etc. I am pulling my hair out here as I have spent hours reading that their Solicitors are likely to send out a SD - so am I right in thinking that I should send this letter ASAP before they do their bit? Please help me......this debt will be SB soon wont it am I right in saying a month after the last payment date - so confused.

Hi guys This is the second time I've had to post on here due to my stupidity a number of years ago when I left the country (not intending on coming back) for a new life abroad. I left a few debts here though. However, I recently received a letter from Lowells claiming that I owed O2 £588. To my knowledge I have never had an O2 account as the very fist mobile I had was Orange and I've been with them either on contract of PAYG ever since. I sent off my CCA request and it was received on 19th Feb ( confirmed via Royal Mail) However, I have today received a letter from Hamptons legal Dated 20th Feb stating that the account has now been referred to them as I haven't paid my outstanding debt. In the letter then threaten CCJ's, Attachment of earnings and bailiffs. What on earth should I be doing here. Do I send another CCA to Hamptons even though they are part of Lowells?

I'm starting a thread for timpg who is having problems with Hamptons & Lowell DCAs Over to you timpg !! Lex

Hi there, I have been reading similar posts to this from people in a similar situation but wanted to ask advice please. On the 5th November we returned home to a calling card left by a collector that had visited to discuss a lowells debt in my husbands name. My husband as supposed to ring him to ask what it was about but he never got around to it. Yesterday we had a letter in the post from the same collector stating that he had visited twice and he will be calling again next Monday to issue a statutory demand for a debt my husband has with lowell. From experience we have had in the past with creditors we knew to request a copy of a credit agreement before we agree to any repayment etc so my husband called the collector to ask what the debt was for (we had thought all bad credit we had was sorted as we had sorted a lot of these things in 2006-2007 and have not really heard anything since). He told us the debt was with the Royal Bank of Scotland and was for the amount of £10,700. My husband told him he would be requesting a copy of the credit agreement but we had no reference number or address for the creditor. The guy told us the information would be on the SD and if we wait until that arrives we can request the information then. We had a telephone call tonight from a woman from Hamptons who asked us to make a payment of the full amount and when we stated this was not possible she asked for a deposit of 35% of the full amount which obviously we could not do either. She then asked what we could get together and said she would phone us back. My husband at that point requested a copy of the original credit agreement which she eventually agreed to but asked us why we wanted it!! She then proceeded to explain the full implications of bankruptcy which was the route they plan to pursue if the payment requested was not made and she would be phoning us back on Monday. This really is the first correspondence we have had on this matter although the woman stated that they have been sending us 40 letters per year since 2007 when they bought the debt. My husband said he may have seen a couple of the usual type of letters these companies send but no way was there 40 per year!! We did seek advice from CAB in 2006-2007 about our debts and it is possible we acknowledged this debt back then and paid the nominal £1 fee. I can't remember when we would have last paid anything though. From what I have read in other posts I see that we need to officially request a copy of the original credit agreement for £1 and a copy of other paperwork that costs £10 (can't remember the name). Is there anything else we should be doing and can we avoid the bankruptcy route? If they can prove the debt is ours and we must pay will we have an opportunity to make a payment arrangement with them before they start bankruptcy proceedings? We have our own home (mortgaged) and my husband has his own building business (which is quite new so doesn't really earn us any money). We are quite worried at the prospect of loosing our home - can they do that with the debt being in his name only as our mortgage is in joint names. We also have children - can they make them homeless?? Thanks in advance for any help you can offer us on this.

I CCA'd my 2 accounts with NDR, both was valid, now ive sent a letter asking them to freeze interest and charges and accept £10 a month (for a 12 month period), they replied with 'it doesnt reach their minimum payment' and they wont freeze charges and interest. is there a follow up letter for once they refuse? I saw one before but cant find it now not sure if it was on this site tho. They also said if I dont get upto date they will forward onto a 3rd party - which i wouldnt mind, they wouldnt be able to add charges, and would probably agree to a lower payment. But I also recieved a letter saying it would go to court, wish they'd make up their mind!

I have a couple of "accounts" with Lowell (one for £507.43 and one for £512.56) which I was paying off at £10 per month per account (all I can afford) . When I checked my credit file I noticed that the Defaults that I have for these debts will drop off my file in 2015, whereas I'd still be paying them off 2 years after that. last month, rightly or wrongly (probably wrongly ) I thought whats the point of paying them, as I have Defaults for them anyway so it can't really get worse. I now have been getting threatening letters from Hamptons Legal which I assume is the same Company, and probably same Desk as Lowell lol But they are threatening CCJ's etc I was just wondering what I should do regarding this really? Start paying again? Ignore them? The original accounts/debts were with Barclaycard and Orange and I know that probably half of the debt amount is made up of charges/interest as I remember the credit limit on the Barclaycard was only £260 at the time, and now I owe £507.43 on that one. Thanks in advance for any advice you can give.. and feel free to tell me how stupid I am for stopping payments if you feel I am stupid lol Simon

Hi, I've recieved a notice from the land registry of an intended Bankruptcy from a debt that defaulted with the OC in 2005. Please help as I'm worried sick that I'm going to be made bankrupt. Anyone please!

Hi, In 2005 I lived in a student house where there were about 6/7 of us and about 5 or more at least who used to use it is a hotel! A couple of years back I got notification that two 3 contracts were taken out in my name in 2005, and there is a debt totalling about £500 on these accounts. After arguing with 3 about it for ages and not getting anywhere I just let it go because the accounts didnt appear on my file and they refused to acknowledge the debt wasn't mine, even though they couldn't provide a signature or anything. Now in the past few months I have received a few letters from Lowell, Red and Hamptons threatening court if I do not pay the two debts. I have checked my credit report and the two accounts now appear with defaults from 2006 - so both due to drop off soon (and presumably statute barred?). Not sure what to do here... Hamptons letter in May say they are assessing me for a CCJ. Is this a standard trick or should I be worried? I am going on holiday for three weeks next week so if anything happens when I am away will I be screwed? Any advice much appreciated.

Hi, I have a Very catalogue account which has been with different dcas for the last few months but now appears to be owned by Lowell according to my CR with experian. Hamptons are now sending threat o grams and I was about to send an SAR but wondered after reading some other posts if Very should have informed me that debt is now not theirs? thanks.

Hi, Lowells are chasing for an old barclaycard debt. Sent a CCA request back in 2008 and stopped making payments as they only provided a copy of the application form. Been ignoring all the standard letters that Lowells were sending after apparently purchasing the debt from Barclays. Having recently received a legal threat from Hamptons i thought it wise to send a letter highlighting account is in dispute. Would you guys recommend I send this to them http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency or send a new CCA request to Lowells/hamptons? Appreciate any advice given. Thanks.

I have started for thread for Cumbria A message from Cumbria on facebook Help please. Hamptons Legal.... been checking CAG files and getting lost in so much info ..... basic threat at the moment over debt with Lowells.. would prefer to deal with this off FB. Currently threatening Statutory demand although as usual, not happened as yet ... I'm looking for the reasons others have used for set aside (not just the list usually given out) just in case they come at me /or this could just be another of their threats... any help ... Cumbria will be along soon with more info Many thanks guys for any help you can give her....... Lex

Hi everyone Ive just had a letter off Hamptons legal for a debt they bought which was originally £600, they have sent me a final offer of £300 to settle the account. It goes on to say 'once you have paid the balance in full, your credit report will be marked as satisfied (where appropriate). What would this mean on my credit file? I would like to pay this off but want to try my luck and tell them I will pay the balance if they remove the default completly from my credit file, i know the chances are slim but its worth a shot, does anyone have a template for a letter I could use that would be suitable or any ideas for what I could write?

Hi all, I have for some months (possibly a few years I haven't kept count) been receiving letters from Lowlife portfolio about my "outstanding"(nice of them to compliment me on it I thought lol) debt of some £771.87 to Capital One which they seem to have purchased. The card only had £200 limit, I think I only used it a couple of times and paid it for 6 months until I got fed up with the ridiculous interest they were charging and decided they had had far more money from me than the original £200 and stopped paying. After a few months Cap one wrote to me saying my account was in default blah blah, if I do not contact them to arrange payment the debt would be passed on etc etc. Obviously I ignored them. BTW the Cap One account was about 5-7 years ago. I have not responded to any of the the letters from Lowell and Red Debt Collection Services as I believe if they could do anything they'd have done it by now. Today I got the following letter from Hamptons Legal ( copied exactly from letter obviously not correct acc/ref nos): My name and Your Lowell account: address Lowell reference number: 1234567 Original company name: Capital One Original account number: 123456789101112 You owe: £771.87 10th May 2011 Dear Sir Overdue account After repeated requests for payment, Red Debt Collection Services have instructed us to pursue you for the overdue balance on your Lowell Portfolio I Ltd Account. You are contractually responsible for paying the debt. Unless you send payment to us or Red Debt Collection Services immediately, we may prepare for more serious action, which could include applying for a County Court Judgment (CCJ) against you. Once legal proceedings have begun, we may be able to claim the money you owe together with : . The interest accrued on your overdue account. . Legal costs of recovering the money you owe. If we are granted a CCJ you could face the following consequences. 1. Any CCJ against you will be recorded at the Register of County Court Judgments and remain there for up to 6 years. 2. We may apply to enforce the Judgment for example by using bailiffs or applying to recover the money you owe by making deductions directly from your earnings. 3. Failure to repay your debts may have an impact on your ability to obtain credit in the future or the terms on which credit is available to you. Lenders will look at how you have repaid your debts in the past before the decide to grant further borrowing. If you do not contact us or arrange payment we may begin proceedings. You can set up a Direct Debit on line go to www,lowell,co,uk. Call us on 0113 394 6317 to agree repayment and prevent this. Yours faithfully (photocopied signature) Stephen Hunter Director of Legal Services. I am assuming they are just show boating and using scare tactics that a lot of people would fall for. I have never acknowledged any debt with Lowell nor have I responded to any correspondence from either them Red Debt and now Hamptons (Except once they phoned, asked for me and were promptly hung up on when they said who they were). I do not think they or any other so called debt recovery firm would even get any joy even if they actually did go ahead with their bluff of going to court would get any joy from the court. I am thinking of writing to them anonymously saying : Dear Lowell, Thanks for paying my credit card bill. But seeing that I have never entered into any financial agreement with yourself or your other Mickey Mouse partners in crime Red Debt and Hamptons Legal, good luck getting your money back!!! Yours faithfully Someone that isn't scared Just to wind them up. But I really can't even be bothered to waste the money on the stamp. I reckon the original debt will be unenforceable in a few months any way if it hasn't already become so. What would you do? Ignore them like me and call their bluff, see if they do actually take me to court and get a CCJ and repayment order/ bailiff visit (who I believe are not legally allowed to enter ones premise with out permission and remove goods as it is theft)? Or start wasting your own valuable time and money writing letter after letter challenging the debt and going down the legal/ consumer rights route? The way I see it it's Capital One's fault for irresponsible lending when I was younger.

Dear All, I am urgently looking for some help & support - I just received a notice "B10 Notice of registration of a bankruptcy notice" informing me of "(22.07.2011) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action..." and giving me a reference to a petition entered in the High Court!! This is the first thing I have heard from anyone and rang the court who confirmed a petition had been filed on 19/07/2011 by: Lowell Portfolio Limited Graheam Danby Solicitors Case Ref: 921286839 Tel: 0113 3086043 Litigation Dept Lowell Group 1 Apex View Leeds LS11 (BA8 (Exactly as above complete with what seems typo's). AND I AM DUE TO APPEAR IN COURT on 06/09/2011 at 10:30am....!! The court further told me they could not tell me what the amount was and the petitioner should have served documents on me and nothing would be sent by the court.... Had I not got the Land Registry letter I would have not known anything about this....??? I called the number given and the agent who answered the phone told me he did not recognise the reference number and when I asked who I should write to he gave me the following: Hamptons PO Box 173 Leeds LS11 9WR When I asked who they were as the names were different he said "we are all part of the same group" and the took my full name and address which I gave and then thought, hang on I don't know who I am actually talking too & declined to answer his further "security questions" and said I would write to them. I am now very concerned and stressed out as it would seem that someone without any communication having been sent to me has actually petitioned for my bankruptcy which if not for the Land Registry letter I would have no idea was actually happening! I suspect this may relate to an old credit card or bank O/D debt from around 2004/05 but at this stage I don't know... Question is what should I do now: a) Apply to the court to have the petition hearing stayed, struck out and/or set aside? b) Write to Lowell/Hamptons/Graheam Danby and ask them to produce all paperwork? c) Advise Land Registry that I have no proper knowledge of the debt? Please let me know what you would suggest I do - a) or a) & b) or all of the above & any template docs much appreciated. Presumably the petitioning creditor should have served a Stat Demand, identified what the debt is & how they have any rights to it - i.e. Assignment, purchased, etc. Further can I demand that they produce statements & the like because if it is the creditor I think it might be, it should now be barred by limitation as there has been no contact over the years? Any help & advice very gratefully received... Many thanks Barry

Hello all, Brand new here but need some further advice. Basically Red/Lowells have wrote to me ((I know you've heard it all before)) but I thought I'd go it alone in writing to them and taking them on. Basically Lowells wrote to me initially for a Barclaycard Debt dating back to 2003 for £690. I ignored it at first but then another letter came from Red Debt Collection Services demanding the amount. From reading your threads etc I wrote to them RECORDED DELIVERY on the 15th December 2010 with the following: I do not acknowledge any debt to you or any other company or organisation that you claim to be representing. Acc/Ref No: XXXXXXXX Dear Sir/Madam Account No: XXXXXXXX Thank you for your letter dated 09/12/2010, the contents of which are noted. I also note that "Red Collections" is simply a "trading style" of Lowell Portfolio LTD. Therefore your claim to be acting on behalf of Lowell Portfolio LTD is spurious, as you are clearly one and the same company. I would point out that under the Limitation Act 1980 Section 5: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”. I we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that: “It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last correspondence/payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that: “Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. In particular the OFT has recently stated that: The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988. Therefore I wish to formally notify you that unless I receive confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'. Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any: • "trading style" of the Lowell Group (including Hamptons Legal) • constituent member of the Lowell Group (including Hamptons Legal) • a third party acting on your behalf • a third party that claims to have been legally assigned this alleged debt will result in an immediate complaint to the aforementioned regulatory bodies. Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period. Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint. This COMPLAINT is NOT going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I would appreciate your due diligence in this matter. MR X XXXXXX .......... Ok, so I thought that was the end of it... BUT NO! They have wrote back to me with the following: 13th January 2011 Dear Mr XXXXXX OUR REF: XXXXXXXX ORIGINAL CREDITOR: Barclaycard BALANCE: £690 Thank you for your letter, concerning the above account. Your account is not legally unenforceable under the Limitation Act 1980 on the basis that a default notice was served on you by Barclaycard on the 13th October 2005 Section 5 of the Act mentioned says that following the date when a cause of action arose for payment of the debt, any creditor such as Lowell Portfolio 1 Ltd has a period of six years to enforce such a right to payment. The date of the default notice is when the debt in this matter became due for payment in full and the period from which Lowell Portfolio 1 Ltd has to enforce their right to payment in the absence of any payments or written acknowledgements being made by you in between this date. We trust this now resolves your query and look forward to hearing from you to discuss repayment. If we have not had contact from you in the next 14 days, your account will transferred to our Debt Collection Agent; Lowell Financial who will contact you regarding this account. Regards, RED DEBT COLLECTION SERVICES ........... Ok, so what the hell am I to do now? I have checked all my credit files and Im a member of Experia, Equifax and Call Credit. No defaults or even the previous address of where the debt was originally at!!! Everything 100% satisfactory!! I have wrote a reply which I am sending Red Debt tomorrow morning which reads as follows: I do not acknowledge any debt to you or any other company or organisation that you claim to be representing. Acc/Ref No: XXXXXXXX 17th JANUARY 2011 Dear Sir/Madam Re:− XXXXXXXX Thank you for your letter dated 13/01/2011, the contents of which are noted. I also note AGAIN that "Red Collections" is simply a "trading style" of Lowell Portfolio LTD. Therefore your claim to be acting on behalf of Lowell Portfolio LTD is spurious, as you are clearly one and the same company. You state in your later dated 13th January 2011 that account: XXXXXXXX is not legally unenforceable under the Limitation Act 1980 on the basis that a default notice was served on the 13th October 2005. Again this is another spurious claim and DEMAND THAT YOU PROVIDE PROOF of such information as defined under the Consumer Credit Act 1974. I would like to point out that under the OFT’s Debt Collecting Guidlines July 2003 (Updated April 2008) you are clearly using Deceptive/Unfair methods to retrieve said debt! This is explicitly confirmed in Section 2.7 and 2.8 a) , and k) 2.7 Dealings with debtors are not to be deceitful and/or unfair. 2.8 Examples of unfair practices are as follows: a). sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made k). not ceasing collection activity whilst investigating a reasonably queried or disputed debt. This letter therefore is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement & default relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. The onus is on YOU to prove this debt is indeed enforceable! Therefore I wish to formally notify you AGAIN that unless I receive proof of alleged debt or that this matter is closed; then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'. Furthermore, any attempted contact (other than to prove the debt is enforceable to myself or that the matter is now closed ) by any: • "trading style" of the Lowell Group (including Hamptons Legal) • constituent member of the Lowell Group (including Hamptons Legal) • a third party acting on your behalf • a third party that claims to have been legally assigned this alleged debt will result in an immediate complaint to the aforementioned regulatory bodies. Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period. I await your response. MR XXXXXXXX ............................................................ Could anyone tell me what kind of action is likely to occur? I'm fighting them the best I can but Im worried they're gonna do their best to nail me... PLEASE HELP FOLKS!!! X

Hi Everyone, I hope someone can help me please. I have received a Letter from London House posted through the door on the 30/09/10. I was going to be served with a Statutory Demand on the 04/10/10. I sent a Fax letter to London House stating that I do not know of any outstanding debts and only contact me in future by mail. The Statutory Demand was posted through the letter box on the 04/10/10 I was not there till thursday. On Friday 08/10/10 I sent the standard CCA letter to Hamptons and Lowell Portfolio 1 with 2 £1.00 Postal Orders. I also sent a SAR Letter to Lloyds TSB with a £10.00 postal order. Please see attached scans: http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans1.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans2.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans3.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans4.jpg I have been reading loads and loads of threads and I am now starting to get confused! I know I have to apply for a set aside using the form 6-4 and 6-5 is this the next step? I had a Access card 2004 that I walked away from because I was in a very bad financial place at the time. I have a few other questions to: The Statutory Demand has an account number I don't recognize? I the amount is owed I don't recognize? I am not sure they have the right person? They haven't sent anything for me to identify the debt and I have no records left. I never received any letters? I have never had any verbal contact at all. I have never been informed the debt had been sold. How should i fill out the set aside as I have no information on the debt? Can anyone tell me what to do next please. Thanks in advance DesignTime