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  1. hi,i received a stat demand from bw legaL regarding two lowell acounts firstly can they join two accounts together to make one some part of the stat demand has been deleted which would notify me of my rights to seek legal advice, does this mean it is not valid and are they allowed to stamp the envelopes stating they are a debt collection solitor, i have missed the deadline for setting aside and have arranged to pay monthly but i regret this now and was only done because my partner was so worried ,i think it was just a scare tactic, i have now sent a cca request for both accounts to lowell and bw legal and sent a much lower full and final settlement offer to them aswell but i doubt they will accept it i also sent a letter to the oft regarding the above, am i doing the right thing or should i just pay my monthly payments,
  2. Hi, I had an old default with Hutchison 3G for a contract I had for a number of months a couple of years back. Same old story, the service was awful, I made many complaints about their billing, poor signal, chasing money which they would not send me invoices for - unfortunately all by telephone so I probably can't prove any of my complaints. I've recently noticed that the Hutchison 3G default had disappeared and it has now reappeared as Lowell Portfolio 1 a few weeks later. I understand this now means that the debt has been sold to Lowell Portfolio 1. I have a number of questions I would really appreciate some help with. 1. I'm quite certain that the default before was not appearing on CallCredit (Noddle), however now, after it has been sold to Lowell Portfolio 1, they have now added a default under their name. I was under the impression they could only replace an original default not file a new one? Do I have any right to get this removed if this was the case? 2. Whilst dates etc. check out on the default, the new balance amount showing at the CRA is over twice as much as the default balance, and indeed the amount owed to Hutchison 3G - are they allowed to just randomly add charges after they have purchased the debis t? 3. This debt was chased by a DCA not long after the debt however it has been quiet for some time - I have never received a Notice of Assignment, or any kind of documentation to tell me this debt has been passed to Lowell Portfolio. In fact, I haven't even been contacted by them as of yet - I have only noticed the default notice along with a search on my credit report. My ultimate goal is to now get this default removed, however unlikely. I know that a mobile contract isn't a CCA etc. but do I have a leg to stand on in any way? As I mentioned, I was originally contacted by DCA a couple of years back, I ignored them and did end up receiving a discounted offer - does this mean they are getting desperate? My only thoughts are though that I think back then, the debt was still owned by Hutchison 3G and now I believe it must have been sold completely - despite me receiving no notice of this. I did toy with the idea of contacting Hutchison 3G to try and pay the debt (or indeed transfer it into their account with my reference number as I doubt they would accept payment over the phone if the debt is sold), and then dispute with the DCA as I have already paid the debt. I'm probably clutching at straws here, but is there anything I can have a go at? My credit record is clean other than this one default and I would like to sort.
  3. Hi guys Got in from work today to find a letter in the post from the above company, saying I owe £1443.97, period covered 09/10/2008 - 01/08/2009 I would never leave anything like this outstanding, it's a disgusting amount, on the other side of the letter it says the different line rental usage i.e. £45 - £45 - usage - £841.37 etc then a early termination fee of £481.81? I don't understand any of this! Got me worried! What do I do? Ignore? Say that I have had nothing outstanding in the past? And why has get in touch now after all these years? Thanks Karl
  4. Hi My wife has been receiving letters from Lucas concerning a debt to 3 Mobile that I assume Lowell have bought from them. At first we were not sure what the bill was for as my wife has been with 3 for many years however, we then recalled that she was allowed a second handset which she got for our son and we are pretty sure this is what the bill is for. Before I reply to them I was wondering if anyone had dealt with Lucas Credit Services, in particular are they an 'inhouse' debt collector for Lowell or just someone they have chasing the debt on their behalf? Also, are there any tricks that either of these 3 companies use such as adding on silly amounts to push up the balance? Other than that is there any general advice anyone could offer in dealing with a mobile debt? Thanks - Lee.
  5. Hello all, Out of the blue a letter dropped in from Lowell, claiming they bought an alleged debt from credit card company/Bank and they actually have stated in their demand, that it was purchased in 2005!! This was Stat Barred in 2009 and the appropriate letters sent to Buch,clark wells acting for Lowell stating it is well and truly Stat Barred. Their reply was an offer for a settlement of 50% less. Next letter approx 1 week later (after I sent Official complaint letter) stating acc, will remain on hold in the interim. New letter from Lowell Portfolio received this week as at first paragraph above. No Acknowledgement or payments have been made to this alleged debt for many many years, way over the Stat Barred period. Are they extracting the water or what? All replies/info will be as usual gratefully received. "EXEMPLO DUCEMUS"
  6. Hi folks, I have spent some time today trying to understanding Statutory demands, having aparently recieved one hand deliverd last week. I just wonderd if there was a final consensus on how these things from hamptons should be handled, ie ignored, cca'd, apply to set aside etc. Below I will give brief details on this situation and would welcome any comments. cheers So some day last week I came home and found a brown envelope had been posted through, no post mark and only my name on it written in blue biro. Nothing else apart from the words "Private and confidential in" red. Inside lurked a letter and SD from Hamptons legal both dated early May, a good 3 weeks before it was actaully served?! Also inside with hamptons letter is a SD under section 268(1)(a) of the insolvency act 1986. Debt for liquidated sum payable immediately. by Hamptons on behalf of creditor Lowell portfolio l ltd. The sum demanded is for two different debts of which I recall not, both total around the 2k mark . But from what ive read hamptons add the debts up all the time? I'm in two minds wether I should send a CCA to hamptons and start work on a set aside defence or just ignore it as scare tactic? Whats the word these days? Also is the SD served as it was just posted through by hand no post marks no proof?
  7. I very recently had two long-standing credit agreements removed from my credit file just after the six year anniversary of the original default date. These two debts were originally with Egg, who subsequently sold the debt onto Lowell Portfolio. I neither acknowledged or paid anything to Lowell and assumed that all was well in relation to this on my credit file, when both entries disappeared at the start of this month. Just today I got an alert from Experian (who actually had no record of these debts on my file, only Equifax seem to have had them recorded) that Lowell Portfolio had done a Unrecorded Enquiry search a couple of days ago. Should I be concerned about this search? I realise that it makes no odds to my credit history as it's only visible to Lowell and I, I'm just curious as to why they would do any kind of search now when the debts are no longer on my file? I'm just worried that they'll get back in touch, although I have since moved house a couple of times, and try to get me to pay or at least acknowledge the two defaulted credit agreements. Can anyone shed any light on this as I was only just starting to relax in relation to this Many thanks in advance
  8. Hi Looking for advice. Brief history: 1. 6/2003 Took out Marbles credit card from HFC 2. 9/2012 Received Claim for £6700 and Statuary Interest (SI) £3450 from Mortimer Clarke Sols acting for MCE Portfolio Ltd 3. 10/2012 Combined CPR31 asking for agreement plus T&C, deed of assignment, default notice 4. 10/2012 Filed statute barred and embarassed defence due to lack of detail.in POC 5. 11/2012 Claimant sends a. reconstituted statements 6/2005 - 8/2007 b. application form with separate T&Cs c. Deed and Notice of Assignment d. Default Notice 6. 11/2012 Case stayed as claimant didn't reply within time period to defence 7. 3/2013 Application to lift stay granted 8. 3/2013 Allocation Questionnaire returned 9. 4/2013 Stayed until 21 May 2013, by 7 May must file a completed directions questionnaire 10. Claimant sends letter asking for complete income expenditure and request for payment proposals and indication of defense. From the statements received it appears I made reduced payments until May 2007 so the debt is not statute barred. I plan to defend claim on unenforceable agreement and also dispute the amounts claimed if that fails. To enable to finalise my postion I would appreciate help on the following: Total amount of claim is over £10k so not eligible for small claims track. However the balance claimed contains charges and SI appears too high. If these figures can be recalculated to below £10k is there any way I can get this allocated to SCT.I assume they want Fast Track so they can pile on the legal expenses if they win, therefore, if I win can I claim my research expenses for which time reading through the forum is racking up. Are there any other advantages/disadvantages between the tracks. The balance claimed contains contain late payment review charges can you please point me to the relevant legislation I can research. Do I dispute amounts claimed or counter sue for the charges and compound interest on them? They're asking for over £3000 for 8% statuary interest(SI). On their claimed outstanding balance this is over 6yrs of interest. SI can be claimed from cause of action, for credit card debt is cause of action date the date of first missed payment? Because I made last reduced payment 3 May 2007 the claim is not statute barred as the is the cause of action date is reset. Now is the cause of action date for SI different if so how can this be? If not they have over charged SI. Further they have claimed SI for over 6 years yet they didn't take over the debt until 2012 so how are they entitled to interest previous to then? The main thrust of my defence is unenforceable agreement. In response to CPR31 they have provided a copy of my applcation form from 2003 with a stapled separate T&Cs. Now the T&Cs contain as far I can tell all the prescribed terms I can make out the headings but the actual text is too small to read. However I am certain that these are not the original T&Cs. Also they have also forwarded reconstituted statements and a perfectly formed default notice. However these are word processed files not on headed paper so can have been created at anytime, there is nothing to indicate these were actually sent to me. In fact the statements refer to $ amounts and the DN is dated 25th Oct 2007 but states remedy by 12th Nov 2008 (not my date typo). From a copy of my credit file the actual DN was in 2006. Also the deed of assignment and notice of assignment are for Pheonix Recoveries to MCE Portfolio how do I know the debt was assigned from HFC to Phoenix. Any suggestions to best proceed in proving that these are made up documents with the prime reason to unlawfully obtain money. Anyone else any experience of this? Also is reporting MCE portfolio to FSA/OFT appropriate at this time if I had my way I would report to police for falsifying documents to extort money, a substantial amount as well. In response to the stay the claimant has requested I complete an income & expenditure form, give proposals for payment and details of my defence. Does completion of said form and reply constitute as admitting the debt in writing to the creditor so starting the 6 years statute of limitations once again? I am wary as the six years from my last payment ends in a couple of weeks and I have already had default on credit record for over 7 years and don't want to add a further 6 years. Further to this the claim is stayed so we can mediate to try to achieve settlement so if I write alleged and without prejudice does this mean I accept the debt? As I am on benefits and have no savings I do not believe they will accept any offer I can afford so likely to end up in court anyway. I know I have asked a lot of questions but I believe that they know I cannot afford to pay and want a charging order, therefore, I intend to fight to the best of my ability and any advice gratefully received. -K
  9. 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?
  10. Hello all, I've had to start a new thread about this one as my last post was so long ago. I had a few debts that we successfully swatted away but unfortunately lowells decided to eventually track me down at my new address and have had the cheek to send me a letter! This one should be quite straightforward though and something we can have fun with SOME BACKGROUND I joined up here in July 2011 with some debts being chased that were Statute Barred, one of which is the debt I am referring to here of approx £500 to a company called Dollar Financial (TheMoneyShop). At the time I had recieved letters from both Lowell and Red (I believe their "debt collection" arm) relating to this and another debt, and Lowell MADE UP a payment that I had apparently made them which would have meant the debt wasn't stat barred. I challenged them, and never heard back. Unfortunately they have now decided to follow up with me at my new address about the Dollar Financial debt, and have sent me this nonsense in the last few days: *************************************** Date: 27 November 2012 To Psyduck Lowell Reference Number: XX Original company name: Dollar Financial Original Account Number: XX You owe: £XxX.XX Dear Mr Psyduck We're contacting you about your Dollar Financial account which was opened on the XX/April/2007. Dollar Financial have sold the account to us as there is an outstanding balance whcih they have been unable to recover. This may be because Dollar Financial did not have your up to date address details and therefore you were not in a position to discuss this with them. We have used the services of a Credit Reference Agency and they have provided your address to us. Therefore we would like to discuss with you a repayment solution to repay the outstanding balance on this account, and to confirm the information we hold is correct and up to date. If you have any queries or questions you would like us to answer regarding this account please call us straight away on 0844 844 4716 where one of our account managers will be more than happy to help you. If you do not have any queries or questions, and if you do not contact us to discuss repayment within 14 days from the date of this letter, we will pass this account to our debt collection department who will take the relevant steps to recover the debt. To make payment in full, or to set up a monthly repayment plan, please call us on 0844 844 4716 or visit our website where you can make a repayment. Our web site address is www.lowell.co.uk. Once you are making repayments towards this account, or if you repay the balance in full, we will update the Credit Reference Agencies on a monthly basis so that other potential creditors can see you are repaying this debt which could help you obtain credit in the future and improve your credit score. Yours sincerely Andrew Bartle Chief Operations Officer *************************************** Problem is that I have signed up for utilities in the last few months so they could have found me from that. The debt will be stat barred in April next year and it's also important to note that I have not received ANY communication from them, at either address, about this debt since June 2011. Previous correspondance can be found in my previous threads. Advice on how best to proceed please? Thanks psyduck
  11. hi there, I recently returned to the UK after 12 years abroad. In those 12 years I didnt have a bank account etc and have received no mail from any DCA'a for the past 10 years. I recently opened a bank account and I guess that has put me back on the system. Lowell Porfolio rang my brother (who lives at an address that I have never even visited let alone lived at) asking for me. Then I checked experian and I see that they made two enquiries in the last month. My experian file is clean, and any debts that I had (old style student loan & credit card) are now all statute barred as they are from over 13 years ago. Anyway, I wrote them an email and sent a letter (copying a letter from another SAG member): Dear Lowell Portfolio 1 Ltd During a recent review of my Experian credit file, I was extremely concerned to note a total of 2 unauthorised credit searches by your organisation in the last 1 month at my current address. As a company I have no known or acknowledged financial relationship with, I must advise you that I find it completely unacceptable that you would access my personal data with a Credit Agency with this kind of regularity, without my consent. Futhermore, I believe that you contacted a family member requesting information about me. Research on the Internet would suggest that you are a Debt Collection company. Please note that I do not acknowledge any outstanding debts to either your organisation, or any organisation you claim to be acting on behalf of. Given the fact that my credit files with both Experian and Equifax show no outstanding, defaulted debts to any creditors within the last 6 years (the time period for which defaults display, I believe) it must also be concluded that any alleged debt related to these unauthorised credit searches would in any case, have to be more than 6 years old. I would point out that under the Limitation Act 1980 any alleged debt would be statue barred at this point, given I have neither acknowledged any alleged debt, nor have I made any payments in respect of any alleged debt in the last 6 years. As I intend to make no payments in respect of any alleged debt and furthermore that any alleged debt would be statute barred all actions by your company, affiliates and/or other 3rd parties acting on your behalf should immediately cease - including any further unauthorised access of my personal information. Furthermore, as no payment in respect of any alleged debt will be made I must ask that neither your company, affiliates or any other 3rd parties acting on your behalf should be passed any of my personal data, nor should they contact me by any means for the purpose of requesting any payment. Please be advised, this letter constitutes a formal request that you immediately cease and desist from: 1. Any further unauthorised attempts to share or access my personal information through any licensed Credit Reference agencies 2. Any further actions or contact in pursuit of payment of any alleged statute barred debts In the case of statute barred debts the OFT Debt Collection Guidance states 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”. Any further unauthorised access or sharing of my personal information – or requests for payment of any alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act and I will seek the strongest legal and regulatory redress. I trust my position is clear and I await your written confirmation that no further action (including access or sharing of my personal information) will be taken concerning any alleged debt and confirmation that this matter is now closed. I look forward to your reply. Yours faithfully, .... Will this be enough to get them off my case? Any advice would be welcome!! Thanks
  12. Hi every one got My Experian report today my credit file was searched on 12 10 12 unrecorded enquiry i have never gave them permission to search ? no debts on my account ? only one ccj that was cleared
  13. Hi all, just to let you all know that if you stick at it and dont be scared of them and most of all if you know you're right you can beat them I've had a long running battle with Lovells and eventually just invited them to take me to court where I would be happy to answer any outstanding debt related questions, guess what, I got a very nice letter back from the compliant saying that I owed nothing! wonder if it had anything to do with telling them that they hadnt supplied original signed contract over 3yrs ago!!! and that I had no intention of paying anything unless we went through a court of law. If you show these arrogant people that we cannot be bullied then we can win (if this is the correct term), all in all just be strong and come here for moral support,its nice to know your not alone.
  14. I have just received my statutory credit reports back from both Experian and Equifax On my credit file I have numerous searches, 22 in fact from Lowell Portfolio I LTD, as documented below. There is 22 searches within a 6 month period, a few times 3 times a day and 2 times a day Searched 01) 09 MAY 2012 2 times this day 02) 09 MAY 2012 2 times this day 03) 15 MAY 2012 04) 21 JUN 2012 2 times this day 05) 21 JUN 2012 2 times this day 06) 28 JUN 2012 07) 06 JUL 2012 08) 28 JUL 2012 2 times this day 09) 28 JUL 2012 2 times this day 10) 23 AUG 2012 2 times this day 11) 23 AUG 2012 2 times this day 12) 28 NOV 2012 3 times this day 13) 28 NOV 2012 3 times this day 14) 28 NOV 2012 3 times this day 15) 03 DEC 2012 2 times this day 16) 03 DEC 2012 2 times this day 17) 06 DEC 2012 3 times this day 18) 06 DEC 2012 3 times this day 19) 06 DEC 2012 3 times this day 20) 15 DEC 2012 3 times this day 21) 15 DEC 2012 3 times this day 22) 15 DEC 2012 3 times this day This doesn't seem right to me, 3 times somedays, what do they think I am doing Moving in the morning, afternoon and at night, am I classed as a flight risk, do they really think I will be living somewhere different 3 times a day, and 22 times in 6 months. I also have a few defaults from Lowell one of which is a duplicate of another one from Barclays Bank for £102.00, so I have 2 defaults for the same default. Lowell are refusing to send me proof they own the debt (Is this called an Assignment?? because this is what I asked them for) and they are refusing to remove it, I have not yet called Barclays Bank. Thanks in advance for reading, David
  15. Hello, Last year I received a letter from Lowell saying I owed a debt to JD Williams and I sent a "prove it letter" which they acknowledged and then I didn't hear anything for a couple of months. Now I have received a letter saying the debt was sold to them on 20/12/12 which I am sure is a while after their original letter to me, I have unfortunately put the original letter away safely and now can;t find it! Nevertheless this letter saying they bought the debt from JD Williams on 20/12/12 also says that before selling the debt, JD Williams checked their records and can find no reason why it should remain unpaid and they have also included a letter on JD Williams headed paper informing me that JD Williams sold my account to Lowell and advises me of the balance. Is this letter from JD Williams enough proof? I have also received a few emails from Lowell stating " We are not aware of any reason why your debt should remain unpaid. It is therefore very important that you contact us as soon as possible so that we can agree repayment. If you cannot afford to pay back the money in one go we are willing to let you pay this monthly by direct debit. You could be entitled to re-pay as little as £1 per day should your circumstances warrant it. If you cannot afford £1 per day then please let us know what you can afford. Please call an account manager today so that we can bring this matter to a close or follow this link and securely set up a direct debit." Please could anyone advise whether I should pay this or take it further as I am 99% sure I cleared this debt several years ago and have even opened a new account with JD Williams since. Unfortunately as it was such a long time ago I cannot find any of those details. I had a similar experience with Lowell a few years ago when they said they were chasing me for T Mobile debt which I knew wasn't owed so I persevered and eventually they backed down as they could not provide me with any details/proof. Many thanks for any help that anyone can give me Thanks Deb
  16. Hi there Not sure if this is the right section to post in but here goes. I've requested a copy of my CCA from lowells as they claim to have bought a previous debt of mine. they have sent a letter in response but, I am unable to post a link as I haven't made enough posts on this forum. It says: we are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974. We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement together with statements. Whilst we endevour to reply with the required information within the prescribed 12 day period under the consumer credit act you will appreciate this is dependent upon receipt of the information from the original creditor. We will advise you further if it will take longer than the prescribed period. When lowell purchases a debt from a client we issue a letter of assignment to the customer which fulfils our legal obligations under the law of property act 1925. This letter was sent to you on the 23rd April 2010 and we enclose a copy for your perusal and retention. We would not normally issue a specific deed of assignment unless the matter had progressed to court action. The copy of the letter that they claim to have previously sent was never received as, the address is my parents. Also the amount on it is the same then as it is now(surely they would have added costs over the course of 2 years??) The first letter I received from them was when I returned to the UK from living abroad. It contained a supposed letter from the original creditor on their headed paper but, as far as I can tell the letterhead is not an original and, it is marked page 1 of 2. Sorry if this is a long winded post but, could somebody out there let me know what the next course of action should be? I am in the process of requesting a copy of my credit file to see if they have added a default of their own as, the debt is nearly 6 years old. Thanks
  17. Hi, I have today received a letter from Lowell Portfolio I saying that I owe over £4000 for a co-operative credit card I opened in 1998. Whilst I accept I did have a credit card with this company I have absolutely no idea why I owe this money as I haven't used the card for over 10 years. What should I do please? Thanks
  18. Another Story for the Forum... with a twist. I had a debt that built up with O2 18 months into a contract. I defaulted 05.05.10 when I lost my job (sorry to bore you with details... same story different person context helps though...). It's in the region of £450 a relatively small amount for a default. I ended up homeless so when they passed the debt around as is customary the agencies couldn't find me. This was finally passed to Lowell Portfolio and they have, as I understand it, taken on all rights to the debt, including the management of updating CRA's. I have paid the debt, in full, on the original debr. After much conversation with o2 whom I had kept in contact with (albeit sporadically) I paid it to them. It transpires they are likely to pay it to Lowell. On checking my Experian it is Lowell who appear to manage the debt. I approached Lowel and explained the situation. The question: On Experian all that is currently showing is the default. It shows the current default date as 02/2011 with the original default date showing as 09/2010 in a little box (the date in which i would have originally defaulted with 02 i.e. six months without payment). Can I ask for the default to be shown in context I.E. can they show the perfect payments for the 18 months prior to default on the account previously ( at present all that shows is the defaults since LOWELL TOOK THE DEBT. Can I argue that they currently are not showing an accurate reflection of my dealings? Would I be better off asking for it to be removed completely? Would it even make a difference. I have just set up some more credit agreements to dilute the affect of this default. I've never used Credit cards previously and have stayed away from mobile contracts but i want a mortgage now Im more settled. The debts settled I contacted them I have acted responsibly in organising my debt. Admittedly late but at a time where I'am able.. . will any of this work in my favour? As yet my accounts still show the debt as a default. Your thoughts and suggestions would be greatly appreciated! Thanks.
  19. Hello everyone, i am a newb here so please assist me if this post is in the wrong place? I genuinely do not mean for it to be :/ Anyway long story short...... Around 4 years ago my wife took out a loan through the dreaded welcome finace company. Shortly after i (her husband) was made redundant and since then we have hardly paid any monies to Welcome. The loan was for £3000.00 and was "unsecured" which we used to clear £2000.00 of mortgage arrears from when i was out of work. We had honestly tried all avenues to maintain at least some sort of payments but subsequently fell way behind to the point we just didn't have any money to offer them. recently (last 4-5 months) we have been getting letters from Lowell Portfolio and the most recent one today 31/10/2012 stated they had done a credit check on my wife to find we were homeowners, and that they would take us to court for a charging order on the house for the outstanding amount £5300.00. They have said they will start proceedings to make my wife bankrupt and i/we are terrified of this as we have 3 school children at home. Our mortgage is in arrears of £6000.00 but we are in a payment plan with them and they are happy with the arrangement at the moment. We reduced our mortgage to interest only of which the monthly figure is £315 but we agreed to pay £450 pm. I don't know what will happen with our home as it's all we have kmown (been in) for 16 years. The current market value of our property is approximately £75000.00 and yet our mortgage still owed is £88200.00 Can anyone shed some light onto what will/may happen as we are absolutely terrified. I emailed Lowells to explain our situation that there is myself out of work my wife on minimum wage and 3 children at home and we are truly on the breadline :/ I am totally sick to the stomach with worry. Thanks in advance people
  20. approx 7 year ago was in some serious problems with debt. Eventually I decided to take nothing on credit, pay off what i could to debts i owed and ride out the 6 years and try and clear my history. Ive almost come to completion of this period. Infact i have approx 6 weeks left until the last default (£150) becomes statute barred. I paid as much as i could on everything else and was left with this one and admittedly decided to ride this last one out. Today i receive a letter from Lowlife claiming i owe them £420 for a T-Mobile account that i opened in 2003!!!! It does not give a default date or anything and i honestly have no recollection of such an account. Admittedly i was young back then and had various mobile phones with different providers and doubt i paid it longer than 6 month. There is nothing on my credit report detailing this supposed debt either. I do believe it is statute barred if such an account exists and wondering what i should do now. This is totally disconnected from the £150 final default i have which becomes barred in 6 weeks and im a little puzzled why im receviing this now. They also claim they got my details from a CRA however i can find no evidence of any searches on my account. 6 weeks away from becoming debt free and looking forward to getting on with my life and these buggers are now sending me letters that have me completely stumped
  21. Hi guys, I had a default placed on my credit record from Lowell regarding a phone contact with Three that I havent paid off. The default was placed 14/03/11. I have written to Lowell to proove that I am the debtor and if not to remove the default, using the following letter. Dear Sir/Madam Ref:******** You have contacted me at my previous address () regarding theaccount with the above reference number, which you claim is owed by myself. Ialso note that a ‘Default’ has been placed on my credit report by Lowell dated14/03/11. I would point out that I have no knowledge of any such debt beingowed to Lowell. I am familiar with the ‘Office of Fair Trading Debt CollectionGuidance’ which states that it is unfair to send demands for payment to anindividual when it is uncertain that they are the debtor in question. I wouldalso point out that the OFT say under the Guidance that it is unfair to pursuethird parties for payment when they are not liable. In not ceasing collectionactivity whilst investigating a reasonably queried or disputed debt you areusing deceptive/and or unfair methods. Furthermore, ignoring and/ordisregarding claims that debts have been settled or are disputed and continuingto make unjustified demands for payment amounts to physical/psychologicalharassment. I would ask that no further contact be made concerning the aboveaccount unless you can provide evidence as to my liability for the debt inquestion. I would also ask that the Default placed on my credit report isremoved. I await your written confirmation that this matter is now closed. OtherwiseI will have no option but to make a complaint to the trading standardsdepartment and consider informing the OFT of your actions. We look forward toyour reply. Yoursfaithfully I have sinced recieved a letter from Lowell stating "Upon further investigation, we must advise that there is inconclusive evidence to prove that you are our debtor." "Your personal details have been removed from our database". There is no mention of the default. How should I progress forward in the hope of getting the default removed? Should I contact Experian and Equafax or should I contact Lowell again. Thanks
  22. Some years ago I took out 2 mobile phone contracts with T-Mobile and defaulted on the payments. Some time later, I started receiving correspondence from Lowell Portfolio regarding this debt and I agreed to make monthly payments of what I could afford to clear this debt. Obviously, knowing what I know now, it was the wrong thing to do but the damage has been done! I noticed recently that they were marking my credit file as late/missed payments although I had been paying the agreed amount every month without fail. However, they had attempted on numerous occassions to increase my payment to which I never agreed. Due to this, I decided to take some action. There have been several letters going backwards and forwards as I have refused to discuss this over the telephone so I have a record of all communication. I have requested the following information from them:- 1) A copy of the original agreement To this request, I was advised that in the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract. Telecommunications accounts can be obtained by telephone, over the internet and by email and therefore, they are not obliged to provide a copy of such agreement. What are your thoughts on this? I can't remember how I obtained the contract. 2) A signed true copy of the Deed of Assignment To this, I initially got a currently dated letter saying that the debt had been sold to them and that they will be recovering what I owe. After 1 or 2 futher letters, they still refuse to provide the original Deed of Assignment stating that this does not have to be provided unless the matter progresses to court action. I do not doubt that the paperwork existed, or I am giving them the benefit of doubt but I think they are unable to locate it and therefore this is why they are reluctant to supply it. 3) Statements of the account since the contract was taken out To this, they simply supplied the final bill before the debt was sold. They refuse to supply any previous bills, perhaps because they do not have them!!!! The latest letter I have received states that if I wish to dispute the legitimacy of the assignment then I should contact the original creditor direct. I would like to know what you advise me to do now? Do I ignore further correspondence? Do I resume payments? Do I continue to insist on this documentation? Do I sit back, let it go to court and fight my defence then? Court action does not worry me at all, I deal with it regularly at work so know what I am doing if it goes that far. Any help/advise would be greatly appreciated!
  23. Hi I am a newbie to this forum. I would be very grateful for some advice. After looking at my credit report today - I have noticed that a default notice has been applied to my account through Lowell portfolio. My account is currently placed on hold by Lowell themselves as there is a balance dispute. All of the balance outstanding is consisting of £12 charges. I have to this day, not received any default notices. What I did receive by Shop Direct ( who the account was with) was a notice of assignment dated 30th March 2011 stating it was legally being passed to Lowell on the 14th March 2011. The default date shows the 7th March 2011. The account has been placed on hold with Lowell since April 2011. Not had any calls or correspondence from them. They stated that their resolution department would get back to me and I have been waiting ever since. Lowell state that a default notice was sent on 15th Jan 2011 for a £350.48. The account was in arrears by £257.35. I made payment on 12th Feb for £207.70 bringing balance down to £607.83. Lowell do not have a copy of Default notice as state that Shop Direct sent this. The latter though are not on credit file- only Lowell and showing one month March 2011 with a D. Hoping to go for a Mortgage in the next few months and this is the only thing, that may affect my application. I would be very grateful for any suggestions on how to proceed. Many thanks.
  24. I have recently received a notice of assignment from Lowell/HBOS in relation to a alleged loan. I had serious debt issues in the past, which resulted in a CCJ - which affected subsequent employment. This happened about 5 and a half years ago. The thought of all this starting again at square one terrifies me. I seem to recall send a request for the credit agreement in relation to this debt years ago - I didnt receive a satisfactory response. I recall an application form being sent - but no agreement. I have read on here that Lowell are quite handy at sending out SD's - this debt is for over 10k so I cant see them doing nothing. Bankruptcy would without doubt result in me losing my job, as I work for a regulated company, and would probably mean the end of my relationship. I am wondering what action to take. Should I send a request for the credit agreement again to stall any action - as I am pretty certain that HBOS do not have it. Any advice will be greatly accepted.
  25. People ask me why I have just enrolled as a 1st year Law Student on Open university....i reply "if you lived my life you would know why ?" So credit card debt for my WIFE not me, I lost some 18 months ago which was bizzarre as I had won 2 previous court appearances different creditors with the credit agreement arguement but this one they used the case arguement and won. I asked the judge how that can be and he said he had viewed it differently. So they got an order, i refused to pay it, they then tried all sorts and the order has changed ownership a few times as MCE have changed names etc and moved it about, the original debt i think was barclays or lloyds. Anyway I have not entered into any correspondence with them at all (wrong I know) so eventually they got a charging order on the house and to be honest this was done underhand as we were not advised and all of a sudden the charging order appeared. To be honest it wasnt the end of the world. i do find the law FATALLY FLAWED that you can take an unsecured loan with a credit card company that when sold the DCA can make it SECURED by way of a charging order on your property. SURELY THIS MUST BE WRONG and against Human Rights (It seems to work for everything else lol) I think the original debt was for 2500 which they now estimate at £5500 with interest I havent told them yet that they can not charge interest on the debt and it is protected by CCA so the final order amount is the only amount that they can pursue. Anyway they recently applied for a Restriction against the land with the land registry. I opposed the registration with the land registry who did not agree and granted the restriction, again something that is flawed in a big way. I think there is a junior at the office who has 5 rules on the wall and if you dont mention these criteria its a no. I actually quoted laws and recommendations etc and the fact its a joint property and I opposed it on my shaare of the property etc etc so thats another cast to pursue !!!! Now they have sent a valuer around for an external valuation and will apply for an order of sale. I will now apply or go to court with the following arguements :- It is a jointly owned property There is no equity There are 3 other charges on the property in front of them plus the mortgage so they wont get a penny It is a family home 5 children youngest 3 yrs old so they will need to wait 13 years at least and my opinion is that if you choose to take an option on my house you can wait for your money !!! So can somebody let me know if I am correct....Please Oh this is all on top of another 2 court cases (water and a parking fine as well) aaaarrrrrrggggggggg
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