Lowell harrassment

[A1L]

I agreed to pay a monthly figure of £10 a month for an old Barclaycard debt around 18months ago and never missed a payment. Then they upped it to £11.50 per month without warning. In summer 2007 my visa debit card had to be renewed by Lloyds TSB and as a result the number that Lowell were using was no longer valid. It took about 2 months to realise what was going on (I was out of the UK for 6 weeks) then I contacted them to pay the arrears of 2 months and reset the monthly payment with my new card.

 

Since resetting they have been paid every month without fail and I have evidence of this. However, for some reason I am being harrassed by sveral calls, texts and 1571BT messages every month not to mention 2 threatening letters. At first I contacted them and went politely through the details with them, but it made no difference.

 

I now ignore and have told my wife to ignore all calls, because they are causing us such distress on a regular basis.

 

Are they within their rights to pursue me this way?

As there records appear to be out of sync, do I have any way of turning this to my advantage?

As they have failed several times to right this problem what is the best way forward for me now?

 

I haven't disputed the owed amount (just under £1000) but I really want to get shot of Lowells asap. Unfortunately I cannot afford to pay this in one go.

 

Grateful for any positive advice

Cheers

Andy

[monday blues]

I would send them a CCA from the templates libary, to make sure that they are entitled to collect the money.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter N

 

Send a £1 PO do not sign the letter. Send it recorded delivery

 

 

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

 

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

 

Monday

[42man]

Also write at the bottom of the letter in BIG letters - I WILL ONLY CORRESPOND IN WRITING - PLEASE NOTE THAT ANY PHONE CALLS MADE TO ME WILL BE REGARDED AS HARRASSMENT AND TREATED AS SUCH, and do NOT hand sign the letter....

[A1L]

Thanks, I'll give that a try and keep you posted on any developments. Direct debits are still leaving my account would I be better stopping them or allowing them to continue?

Cheers

[42man]

They have time limits to observe, if they fail to produce your CCA in 12+2 WORKING days then they are in default if after a further 30 calendar days they still haven't produced it then they have committed an offence under the Consumer Credit Act. What concerns me is that they have increased the DD payments....I would change it to be a standing order (which they can't change) at the moment I would let the payments continue if they don't come up with the CCA after the time limits then I would stop paying them. Bear in mind they have to produce it, even if they do it has to have the prescribed terms and it has to be properly executed.....!!! Keep us posted and if they do produce any kind of paperwork then take off the personal details, scan it and post it on here for the experts to see if it conforms and is legally enforceable....

[42man]

I certainly don't agree with debt avoidance BUT when a DCA becomes unreasonable as they have done in your case, it is time to apply the thumbscrews

[A1L]

Thanks 42Man, I agree and have been co-operative throughout. I actually got so fed up at one time that I just told them "take me to court" where I planned to produce my evidence that I had kept up the payment. This company seem to be a law unto themself and it would now give me great pleasure to avoid paying them a single penny more

thanks again

[RETURNED TO SENDER]

Also write at the bottom of the letter in BIG letters - I WILL ONLY CORRESPOND IN WRITING - PLEASE NOTE THAT ANY PHONE CALLS MADE TO ME WILL BE REGARDED AS HARRASSMENT AND TREATED AS SUCH, and do NOT hand sign the letter....

 

Why not hand sign the letter ?

[saintly_1]

Why not hand sign the letter ?

There is a chance that your signature could then be added to a credit agreement ..... not saying that it would but it could

[ThisVeryMoment]

It was your fault entirely. No pint in blaming the creditor.

 

The debt is old. It was passed to Lowells because you never paid the original creditor. Then you miss payments with the Lowell. What is so unreasonable about their behaviour? How many MORE times do you expect to miss instalments!

 

If you want shot, PAY THE DEBT UP! re-mortgage? Re-finance?

[A1L]

After quite some delay I got around to sending the suggested letter. Hamptons legal (Part of Lowell) had started to sound heavy and threatening and the letter seems to have had the desired effect.

 

At first they suggested it might take longer than 12 days, and it has! In fact their latest letter states that "Barclaycard has requested that the credit agreement be retrieved from archive"

 

Only now they are offering a settlement figure of £360 (original amount being closer to £1000.

The tone of correspondence is friendlier and it seems to me they are on the back foot now and I am tempted to sit back and wait...

Any ideas or advice at this stage would be greatly appreciated.

This Lowell group has really got my back up with their treatment of this

 

What next????