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  1. Ok so I am on Day 3 with Lowells, they wrote to me Thursday to say they had bought a debt and there was also a letter enclosed from the original creditor. Today I have had 4 phone calls which I highly suspect are from them, rings, I pick up no answer after 2 calls like this I bar the number, so I am currently waiting to see which phone number they ring next. Can I insist they only contact me in writing - from what I have read it is pointless talking to them as they only do what they want to do anyway and mis-quote what has been said and if I do ask do they generally then not phone? From the posts I have seen I will also be recording the calls and will tell them before hand that I will be recording it. The background is I kept the original creditor completely up to date with my circumstances and they did stop charges and interest, but they then suddenly started them again, so I would be interested to find out what charges have been put on - but is there anything I can do about them anyway now the debt has been sold? I did offer a re-payment plan to the original creditor (with a full financial statement) as I did with all my debtors, all others accepted the re-payment plan, but this one didnt even bother responding just sold the debt onto Lowells, I assume they weren't interested because it was going to take too long to re-pay. Any other info on how to deal with Lowell's would be greatly appreciated.
  2. I have had an additions catalogue for years and years, last year due to my partner being made redundant I could no longer make the required repayments. I kept up the repayments for a couple of months (hoping that a new job would be found) but then contacted all my creditors and advised them of the situation. They were all pretty understanding and I asked for help from one of the debt management companies, unfortunately due to their huge workload it was going to be several months before I could get an appointment - I again told all my creditors of this, gave them my reference number and told them of the date of my appointment. Additions I have to say were the least pushy of all my creditors, very few letters, no phone calls etc. Meeting took place and after a few weeks, and only when I enquired, was told it would be at 6- 8 weeks before they would even look at my secondary debts, I contacted one of these companies and they advised they had not been written to by the debt management company. So I decided to deal with it myself. I contacted all my secondary debtors (x3 credit card and 2 x catalogues) Put together a top level financial statement (using the initial "gumf" of what a court would class as reasonable each month and to ensure all were treated equally figured out what money I had left to split between them all - this equated to an offer of payment of 0.5 %. All credit cards and the one other catalogue accepted the payment by me over the phone and agreed no charges or interest. On the 19th January when i rang Very / Shop Direct they said they would require an offer of payment and full financial statement in writing and this would be required by 3rd February (giving my 2 weeks and one day). I wrote the statement and letter and posted my next day delivery to ensure it got there for the 3rd, but today received a letter from Lowell's saying the debt had been sold to them on the 27th January. Wanting to know why Very had sold the debt BEFORE the date they told me. I rang up asking if they had received the letter of offer of payment, they said they had but not until the 6th February. I know they would have received it on the 3rd as I sent because I sent by next day delivery and have the proof of this. I was told they receive thousands of letters each day (as far as I am concerned this isn't actually my problem - they should allow for that and not me). When I asked when it was sold I was told the 28th January (so only one week after I phoned them and different to the date both they and Lowells have put in writing). When I asked why it had been sold in January when I was told I had to get the financial statement and letter in by the 3rd - prior to the date I had told it would be sold, I was told "Perhaps they got fed up of the non payment". I put the phone down in disgust at this point. I know it wont make any difference to me now... the debt is with Lowell's but I am absolutely fuming that they did not even give me the opportunity to get a financial statement and offer of payment to them and don't think they should be able to get away with blatantly lying to their customer. My question is: Is this a matter that I can complain about to the FSA for unfair treatment - I know I will have to make a formal complaint to Very about first - but there wont be any point in that unless I can take it further. Thanks for reading.
  3. Hi all, I am new here so I hope I am doing this right! I have an ongoing dispute with Lowells over a catalogue debt. It is not statute barred as it is only 3 years old. I sent the standard CCA letter to first of all Scotcall along with £1 postal order which they returned a week later saying they were referring it back to the client. 2 weeks later I had a letter from Red Collections ( Lowells) demanding payment. I again sent a CCA request and £1 PO, 2 weeks later I had a letter from Lowell saying they had applied for a copy and were waiting to hear from their client. I allowed them 17 days and as I heard nothing I sent them the CCA failure letter to which they replied that they were still trying to retrieve the CCA and would not remove my data although they did not demand payment. Today I have received a letter and what they call a "reconstituted" CCA which is basically a blank CCA and they state that " under section 77/78 of the Consumer Credit Act of 1974, we are not obliged to send you an exact copy of your signed agreement. We are required by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed." They seem to think they have upheld their obligation to me by sending this and are now demanding payment within 7 days. Has it come to the end of the line now and should I just pay or is there anything else I can do?? I don't for one second think they have fulfilled my request for a true signed copy of my CCA from my creditor as what they have sent is blank. What do I do now? I have 7 days to reply before they come knocking again!
  4. Hi guys sorry to bother you my wife keeps getting letters with her previous surname before married sent to her from agency LOWELL claiming we owe them money £121.30 to be exact dated 18th November 2008 with Shop Direct and no payments made. We sent them at letter of i do not acknowledge 6 yrs debt thing my wife and i got married in march 2002 we moved out the property we were in 2005 yet we get letters using my wifes previous surname any advice would be appreciated would it be ok to send I DO NOT ACKNOWLEDGE debt and enclose a £1?. Sorry just found a letter from LOWELL PORTFOLIO with statement not saying much OPENING BALANCE £121.30 01/09/2009 TOTAL PAYMENTS 0.00 BALANCE ADJUSTMENTS 0.00 FEES AND CHARGES 0.00 CLOSING BALANCE 31/07/2011 £121.30 Thats all it states it doesn't state what was bought or anything to get the debt all we know it was with SHOP DIRECT sounds legit but why wait till now to persue had no letters from SHOP DIRECT only from LOWELL DEBT COLLECTOR/PORTFOLIO the account is not statute barred due to date of 2008 how can we find out what was bought as i think shop direct is a catalogue as i have account with VERY/LITTLEWOODS that says shop direct any help would be appreciated of what to do next for my wife.
  5. Hello everyone, hope your all well prepared for Xmas Loving this site, getting help over on another thead at the moment regarding reclaiming by CC charges which I would have no idea how to do if it wasn't for the kind help of people on here. I checked my Equifax report time, first time ever, and I have a few issues I need to deal with. I have a default from Lowell Portfolio. Problem is I have never heard of them or dealt with them! I Googled them and found they are a debt collection company, but I really dont know which debt they are collecting..... I have had letters from numerous debt companies over the years which I binned as I always tried to deal with the company I owed money to, not the debt companies. So, with me having no clue what this relates too, and a big red mark and default on my credit file, is their any way I can find out what its all about or even get this account removed from my credit report. In all honesty im shocked this is on my report and want it gone - will attach picture in next post. As always, any help is greatly appreciated. Thanks Imogenx
  6. 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.
  7. I had an account years ago with Capital One, which I think, will have defaulted in 2004. I say 'I think' because I have no documentation and the debt has now disappeared off my credit report as it has been 7 years. It would appear that in 2004 they sold it to Lowell. There's an account on my credit file in the name of Lowell for the same amount as Capital One and with the same reference number (last 4 digits anyway so it's definitely it!). The start date is 2004 and the default date is mid 2006! So it would appear that I was defaulted twice for this one account. However I can only see the Lowell default and now not the Capital One default.... So what can I do? As far as I'm concerned it shouldn't have been defaulted twice and as six years has passed since the original default it should now no longer be on my credit report in any shape or form, but without the original showing on my credit report how can I prove it? Will Capital One still hold any details for me so if I make a data request to them to see any data they hold will they still have it after so long? Or should I just write to Lowell and request they provide proof of the original default notice and credit agreement (stating I do not acknowledge the debt, just in case!).. Whats the best way for me to deal with it?
  8. Hi all, We've been trying to deal with our debts with help from people on here for a few years and something happened yesterday which I'd appreciate some comments on; One of my OH's smaller creditors, a New Look store card (Ikano) has written to us to tell us that on 30th August, the account was sold to Lowell Financial and that our reduced repayment can just continue as normal, but to them instead. We've had these sort of letters before, so no problems there. HOWEVER; The letter was sent to my OH's EMPLOYER (to be precise, she left less than a month ago). Bearing in mind that my OH used to work for an Accountancy firm, this has caused considerable embarrassment. We have literally NO IDEA where they got the address, and why they have so clearly totally fudged up their address records. There's only less than £140 left owing. I'm seriously, seriously annoyed that they've done this, especially since they point out in the covering letter that they are 'aware that you have been working with a Debt Advice Agency to help you manage your financial affairs'. Surely this is a breach of data protection or something?! The address of the previous employer is made out to look like a street address (i.e. 25 something street, somewhere), when the actual 'proper' business address is a unit number on a business park, so it doesn't make sense where this address has come from. The original card was taken out way way before she even started working there, so my idea that maybe they asked for her employer when she applied for the card doesn't tally. Anyone else had this experience? It might sound daft, but I'm so bloody annoyed!!! And how do I know they haven't sent other stuff elsewhere?! GGGRRRRR!!!
  9. 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 PS I hope I have posted this in the right place this time!
  10. Hello all, Received a letter today from Bryan saying: "Payment must be made in full within the next 14 days, failing which we will recommend to our client that proceedings be issued without further notice" Outstanding balance 136 Court fees 15 Solicitor costs: 50 Total if proceedings are issued: 201 Apparently I still have an "opportunity to contact fredrickson with payment proposal. So here is the history. About 5-6 years ago I had a contract with TMobile. I remember losing the phone that came wit the contract in Bournemouth. After that I don't remember what I did with regard to the TMobile contract. 13/12/2010: Receive letter from TMobile stating I owe £136.76 and that "On 30/09/10 your account was sold to Lowell Portfolio I Ltd" (does this mean Lowell paid off my debt?). I also received a letter from Lowell breaking it down as £37.09 for line rental and 99.67 for "early termination fee". 29/12/2010: Red DCS send me a letter saying the account has been passed to them. 13/1/2011: Another letter from Red saying my account is still outstanding and they might check my credit file. And that they can use Hamptons Legal to recover said some. 31/1/2011: Hamptons Legal (actually just another letterhead from Lowell) write to me and say they are "assessing your account for legal axction" and they have my credit file. Bonus points for threats to use bailiffs if a CCJ is awarded... 14/2/2011 (Happy Valentines Day): They offer me a 50% discount amid a letter full of CCJ threats. 25/2/2011: Lowell Financial letterhead, "make us an offer" letter. 1/6/2011: Fredrickson "have been instructed by Lowell who have passed this account to us for collection of the outstanding balance. I "must contact us immediately on..." 8/6/2011: Lowell send me a strange A5 yellow card which reads "CONFIRMED RESIDENT" in big letters. The photocopy is really bad as the address at the bottom is only half visible. "This account is seriously in arrears and you have failed to reply to correspondance or make a payment plan. Contact us or we may pass your account to solicitors..." 21/6/2011: Fredrickson "pay in 7 days otherwise we will take immediate action" 5/7/2011: Today I got the Bryan Carter letter. What should I do? It seems Lowell paid off my debt.
  11. 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
  12. I was wondering if this company are in leeds and i'm in scotland what they are entitled to do to my legally. It started with a dispute with littlewoods over payment dates and then they passed it to nationwide debt and then they took my insurance off me. I went through citizens advice to settle it sending off forms detailing my finances and what i could afford and littlewoods did nothing with this. They then passed it to lowell who have been hounded me since 2008/09 despite me telling them that is wasn't that i didn't want to pay littlewoods it's that i was appealing my insurance being taken off and that instead of littlewoods dealing with the appeal the just bumped it off. A few months i moved and they seemed to have passed it back to littlewoods and then passed it back to lowells due to my change of address which i did not inform them off and now they have passed it to hamptons legal and they are threatened inhibition against my property(i'm a tenant not owner what does this mean?) earnings arrestment and a court sheriff being used to remove goods from my house. They have also said they have a copy of my credit file surprising since they have my new address but not my married name. What does all this mean for me i'm very confused and don't know where to go from here?
  13. Hi all, I moved home recently and only today received a series of letters sent to my old address from Red Debt Collection. After some googling I see that a lot of people have complaints with this company. Red Debt are claiming that I have a Barclaycard account which has over £600 outstanding. There is even a Barclays account number on the letters from Red. I rang Red and they said this account is from 2005 (making it 6 years old from today?!) and said that if I felt this was fraud I should sign an agreement they will supposedly send to me. I do not at this point have any intention of signing anything they send me. I have not and have never had a Barclays account - I checked my credit history with Equifax and there is no mention of anything to do with Barclays (or anything outstanding). My question now is do I respond to Red with letters denying any acknowledgment of this debt, and requesting proof of the credit agreement in question, or do nothing and see what they do next? If the credit reference companies have no record of this supposed debt then surely Red haven't got a leg to stand on? Also, since this account is so old shouldn't it be statute barred and unable to be enforced? Thank you in advance for any help you may have!
  14. Hello all, And thanks for setting up and maintaining this Community, which I found by trailing YouTube and various other Social Media in my endeavours to put a halt to the disgraceful practices in this industry. An overview of what got me to this stage ... In 2005 I terminated my mobile telephone contract with 3 Mobile. If I had known what seemingly interminable hassle it would cause, I would never have entered into the contract in the first place. I embarked on a journey of being hassled by 3 Mobile to pay an alleged outstanding bill of £33, which I had paid on 1st September 2005. I provided them with proof of this payment time and again, until I gave up. There's only so much of my valuable time I am prepared to waste on a multinational's administrative incompetence. First there were threatening letters. Then incessant phone calls. Then, after I made it quite clear to them for the umpteenth time that (a) I had paid (under provision of evidence - again), (b) that by now they had wasted infinitely more time and resources on pursuing a mere £33 (which I had paid, thank you very much!) so any sensible company would have written it off anyway, and © if they didn't cease and desist their distressing and defaming actions I would happily lodge a counter-claim, all went quiet ... for 2 years. Since 2007, the Beast has regularly popped up its ugly head. 3 Mobile have sold on the debt and it's no longer its problem - now it is Lowell Financial Ltd. This is a company which, according to its own website "maintains the highest standards of professionalism", is "ommitted to taking a fair, sensitive and ethical approach to debt recovery" and complies "fully with Government guidelines and industry trade and regulatory bodies". I beg to differ. In Oct / Nov 2010 I received yet another series of threatening letters from a Debt Collection Agency called Philips Specialist Bailiff & Debt Recovery Agents, and at that point I had had enough. I put a stop to it by serving them with Notices under s10 and s13 of the Data Protection Act 1998. They instigated a Complaints Procedure and ultimately agreed to remove my details from their data base. Interestingly, they informed me that they had endeavoured to contact their client, Lowell Financial Ltd, but to no avail. Needless to say that when yesterday I received yet another claim instigated by said Lowell Financial Ltd, issued through a company called Tocatto Ltd, I issued both with Notices under s10 and s13 of the DPA. This Industry has got to be cleaned up. Meanwhile, further investigation has shown that Lowell and Tocatto are linked, and are in fact neighbours in the same building. Now if I could be bothered to spend £2.50 to obtain Director's details from Companies House I might just find that there is a certain degree of shared ownership between the companies, but I have spent enough money on sending PROOF OF PAYMENT to these clowns. For now, I'll await Lowell's and Tocatto's response on my s10 and s13 Notices under the DPA, but now that I have discovered the CSA and the DBSG I am of a good mind to use their own governing bodies' Codes of Practice against them.
  15. Hello Consumer action group Can I start by saying how helpful I have found this forum so far, I think it's amazing that so many people are coming together to offer support to each other in these difficult times. In the interest of keeping a long story short - I was made redundant two years ago and have been unable to get another job that will pay me enough to meet my mortgage payments. I am also in negative equity mortgage arrears. I'm in a real mess. As I see it I have only two options - Go bankrupt or offer to final settlements to my creditors and start again. I have four creditors excluding my mortgage, electric gas, council tax etc Lowell Portfolio Bank of Ireland (Post office) Incasso (RBS Loan) Regal (RBS Card) Fortunately I have a family member who has kindly offered a small lump some to try to clear these,on the basis that it will give me a fresh start etc. I have sent letters explaining my situation and offering 'pro rata' amounts to each of my creditors with the following terms a) The Default Notice will be removed b) The Status of the account will change from “Defaulted” to “Settled” c) The Current Balance will appear as £0.00 d) The Default / Delinquent Balance will be set to £0.00 e) There will be no date in the “Defaulted Date” field (as it will be removed) f) There will be no date in the “Date Last Delinquent” field on the report g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit No one is playing ball, they either won't negotiate or they won't negotiate etc. Can anybody advise me whether these terms are reasonable/possible?
  16. Hi All, This is a long running dispute with Lowell, first prove it letter I sent them was Dec '09 requesting a CCA, Statement of accounts and Notice of Assignment. I only received a CCA 6 months later, which isn't proof at all as I was able to request the same document from CapOne providing nothing more than an account number and £1. There has been no proof provided as to the amount of monies owned or that they own this alleged debt. I have had various recorded delivery letters back and forth between Lowell and Bryan Carter (previously "appointed" solicitor) in which I clearly stated the account was in dispute. Now I've recieved another CCJ threat from Buchanan Clark + Wells acting on behalf of Lowell, I'm just wondering what action to take? I have half a mind to fight this as they have dragged their feet for well over a year since my prove it letter I don't think they have anything beyond a signed CCA, I have bank records from the time showing I had been paying the card off regularly each month. However the other option is keep my head down as the debt is 6 months from being statuate barred. Any advice is welcome. Also if I do call their bluff do I have the right to request and CCJ/court proceedings get done in my local court? Thanks all
  17. i am currently recieving letters from them trying to chase a debt they have apparently purchased, but there is no way on hell i can start paying for at least 6 months as i am currently paying off other debts as fastas i can which leaves me with very little cash left to play with, let alone settle other debts, i'm just wondering where i stand with this an if there is any chance they can do anything as i havn't acknowledged the debt or contacted them in any way, any information on this would be greatly appreciated.
  18. Hello.... Im a little confused and need a little help. On 03/11/09 I had a default on my account from Vanquis of £407. I have now recently checked it and it has gone!! Obviously this is a good thing.. But I now have a letter from Lowell Portfolio Ltd stating that they have bought the debt from Vanquis and now want the money. Is this why the default has been removed? Are they able to put another default on my account even though one has already been on there for the same debt? Any advice would be great. =o)
  19. Hi All, I am in need of some help ASAP, basically I had a phone contract with o2 2 years ago which I terminated early and was charged for. I refused to pay based on the fact that the reason it was cancelled was due to the fact that they changed my tariff and would not change it back to the original one that I signed up for... anyways 2 years later I began to get letter after letter from the "lovely" people at lowell financial, this was also topped off with many calls to the point where I started to make payments even though told them that I did not have enough money coming in to make the payments that they requested. I have looked at my credit profile and have seen that they have put a defaulted notice on my profile and want to know if I an request for this to be moved considering I am paying the money and have never had a default notice from them, not only that I want to know if there are any options open to me in regards to dealing with lowell as im completely confused and I really dont think I owe them £900, I paid them a payment last month and they even took a extra payment out of my account which is now being investigated as it was classified as a card payment, thus my bank said that as it was not a direct debit they must have stored my card details on file. Please help me.
  20. Hi there, I am currently an un-discharged bankrupt, (discharge date September 2009) Last year I commenced investigation into the recovery of various PPI charges that I had paid in the past. I received a number of rebuttals and in my ignorance, took matters no further. Also, I reclaimed back bank charges from First Direct, again without success. I have now issued CCA requests to all of my creditors and hopefully will determine that the debts are unenforceable. I presume that if this is the case, i would have strong grounds for claiming back any misold PPI costs and/or excessive charges. However, in the event the debts are enforceable, bearing in mind my current situation is there a precedent for recovery of such charges?. I understand that any "windfalls" such as these could be claimed by the trustee in bankruptcy or offset against the stated debt, i dont have a major issue with this (or should i?) Also and hopefully finally, what should happen to any hypothetical refund if it is made after discharge but commenced during the period? Thanks in anticipation
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