Lowell Financial /Red and Stat Demand

[Topspeed007]

First of all let me say 'Hello' to everybody

 

Right...now I can ask a question

 

Back in yr 2000 I had an HSBC account with Credit card. My business went broke and I ended up defaulting HSBC for £3500 on my account and £4400 on my card. HSBC registered defaults on my credit file for the bank account in 05/2001 and for the credit card 09/2001. They have never come to me for the money (as far as I can remember- and certainly not since I defaulted).

It appears they sold my CARD debt - £4400 to Lowell in November 2006 who have been trying without success to get me to pay. My bank debt has, I presume died?

 

I have totally ignored all letters from them in respect of my debt and once(10 months ago) I even phoned them and told them to send me proof of the debt, before I would even acknowledge the debt as there are plenty of 'dodgy companies' masquerading as bona-fide- I'm still awaiting the reply

 

I have had the usual - go to court - go directly to court do not pass go type letters along with it's your birthday and we can now reduce your debt by 50% etc etc

 

However, yesterday I received a SD for bankruptcy and whilst I am 95% sure there is nothing they can do now - as over 6 yrs and not admitted money due and paid 0.00...I am just checking that this is correct,

 

I have a house --mortgaged that has little equity in it and obviously I don't want to lose it! Also, how long are defaults on my credit file if I don't pay up.

 

Many thanks

 

Topspeed

[spamheed]

you should never ignore an SD, as you state, it is unlikely that they will follow it up, but if you have property then it is very important that you get the SD set aside as soon as possible. it costs you nothing and removes the threat hanging over you

 

How certain are you that this debt is statute barred?

How did they send to you the SD? this is important!!!

 

Did you request the CCA in writing at all? I know you said you requested it in writing, but they are simply going to say that you never phoned and the onus would then be on you to prove that you did and the contents of the call. (impossible without recordings)

 

They should fall off your credit file in 6 years

[spamheed]

Pinched from a favourite source

 

A Statutory Demand is a formal document which can be issued to a debtor who has loan repayment arrears. This is the first step of the legal process a creditor may use to obtain a court order to get you to repay your debt.

If you do not repay your debts on time, your creditor may use the power of the courts to get you to settle the debt or start making reasonable payments.

A creditor has the option to try to bankrupt you, with a statutory demand being the first step of that process.

A Statutory Demand requires you to settle the outstanding debt by either:-

• Pay monthly/weekly payments
  
• A lump sum
  
• Secure it against a property or other assets.

Within 18 days is receiving a Statuary Demand, you may apply to your local County Court to set it aside under the following circumstances:

• The amount of money owed is in dispute
  
• The debt is not payable now.
  
• You are perpared to secure the debt to the creditors satisfaction under the creditors stated terms.
  
• The amount owed is less than £750.
  
• The statutory demand has been issued in error or does not comply with rules.
  
• You can and are about to repay the debt.
  
• You have a counterclaim of more than the money owed.

Ignoring or Failing to comply to a Statutory Demand entitles the creditor to present a petition for bankruptcy 21 days from the date of issue.

Some companies use statutory demands as a scare tactic. They know that when someone is unable to repay a debt, they generally have more than one debt, and that whomever shouts loudest tends to get paid first. However, you should always take a Statutory Demand seriously.

 

An application to set aside must be made with 18 days of the statutory demand being served. Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court. However, the court can dismiss the application if there are no grounds.

If there are grounds, a hearing will be arranged at which the court will decide whether the demand will be set aside.

 

If the debt falls under the Consumer Credit Act 1974, the court should also consider if any relief is available to the debtor under the Act. This would include a time order application.

 

 

IMO and from the information you have provided, you could get a set aside on any of the points highlighted

[Topspeed007]

How certain are you that this debt is statute barred?

 

I have never paid anything back or agreed that debt is mine. Until Nov 2006 this had been dormant for 5+yrs. So am 99% certain

 

How did they send to you the SD? this is important!!!

 

2nd class post ...So I presume I can deny ever receiving it??

 

Did you request the CCA in writing at all?

No I didn't. I haven't even officially spoken to them as when I phoned with a ref no they wanted my name, address DOB etc and I refused to give them details stating that I didn't know who they were etc etc. All correspondance has been via std post either from Red or Lowell

[spamheed]

How certain are you that this debt is statute barred?

 

I have never paid anything back or agreed that debt is mine. Until Nov 2006 this had been dormant for 5+yrs. So am 99% certain

At the end of the day, a debt becomes Stat Barred when a period of 6 years has passed from the date of the last payment or acknowledgement against the account.

 

How did they send to you the SD? this is important!!!

 

2nd class post ...So I presume I can deny ever receiving it??

 

They would have to prove they made every attempt to ensure you were served, second class post just doesn't cut it and would count towards grounds. ie they would have to prove it was delivered, or produce permission from a judge that they were allowed to use 2nd class post (not a chance in hell on that one)

 

Did you request the CCA in writing at all?

 

No I didn't. I haven't even officially spoken to them as when I phoned with a ref no they wanted my name, address DOB etc and I refused to give them details stating that I didn't know who they were etc etc. All correspondance has been via std post either from Red or Lowell

 

Damn shame, but you can't have everything. It would seem on the point of service alone, you would have grounds to have the SD set aside.

 

 

You need to get the required form and swear an affidavit before the court, as soon as possible and most certainly within the timescales set out in the previous posts.

 

a debt being Statute barred is a complete defence and the creditor should not have even begun to consider action. the onus is also on THEM to prove that the debt is not statute barred by the way

[Topspeed007]

Excellent ....

I am 99.99999% certain that they don't have a leg to stand on.

 

However...

 

Do I use my local CC?

When I apply to court for set aside - I presume I have to actually go to court? - my reason will be because it is Statue barred. No other proof required. End Of

 

Will the court get in touch with Lowell regards this..hence taking more time. Not that this is an issue as debt was defaulted mid 2001 and now 2008 = 6 1/2 - 7 yrs AND

 

Do I contact Lowell - thereby establishing a first positive contact and tell them to prove claim against me - ask them to send me all you have and that case is already Stat Barred? (If this is an option presume registered post?)

[powelll]

You can get the form to set aside the SD here:

 

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

Also your local trading stds may be interested in this case...

[katpuss]

I had a statutory demand from Lowell/Red about 2 months ago and have yet to hear anything or be delcared bankrupt

[Topspeed007]

I had a statutory demand from Lowell/Red about 2 months ago and have yet to hear anything or be delcared bankrupt

 

 

I presume after the 18/21 days it then naturally dies and a new one needs to be issued if they wish to pursue again.

 

Also- was SD printed and details entered in relvevant boxes?

 

I think I will apply to court to have SD struck out and also to Lowell as over 6 yrs and ask them to leave me alone.

[llyodspain]

I presume after the 18/21 days it then naturally dies and a new one needs to be issued if they wish to pursue again.

 

Also- was SD printed and details entered in relvevant boxes?

 

I think I will apply to court to have SD struck out and also to Lowell as over 6 yrs and ask them to leave me alone.

 

I think they can apply for bankruptcy anytime....They just need to have issued the papers correctly

[ODC]

2nd class post is not acceptable as proof that you have received it. Lowells would be required to swear an affadavit that they had tried Personal Service on more than one occasion. Only then would they be allowed to us FIRST CLASS post. So really its up to you if you wish to commit perjury by denying receiving it. You could however use the fact that it was delivered by 2nd class post and that no attempt was made at personal service as a reason for a set aside. In the meantime get both the CCA and the Statute barred letter of to them ASAP. These idiots are easily beaten by using the law.

 

After all they have these mysterious Licensed Field Agents whom they could use to serve their SDs

[Topspeed007]

Name and address: ***

Date of birth: ****

Company name: LOWELL PORTFOLIO I LTD

Account type: Credit Card / Store Card

Default Balance: £3,484

Current Balance: £3,484

Defaulted On: 22/08/2001

File updated for period to: 15/04/2007

 

IS a copy of my credit file for July 07 - last time I looked

 

I have NEVER written to Lowell or Red or any other agency regards this and I have also not made any payment or correspondance in the last 6 yrs to original company (HSBC).

 

Can somebody post a link for the template letters as I can't seem to find them ...

 

Also - if above is correct - and it's copied out of Experian report- then there is no case to answer -I just have to let Lowell know this. I presume KEY DATE here is default date + 6 yrs

 

Many thanks for all your replies

[ODC]

send them this http://www.consumeractiongroup.co.uk/forum/show-post/post-162366.html

 

and tell them to go forth and multiply

[plymouthvictim]

STATUTORY DEMANDS CAN BE FOUGHT SUCCESSFULLY.

 

I recently sent this long e-mail to Lowell Financial.

 

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

 

We 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.”

 

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organization or any you are representing. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person or any that you represent, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you or any that you represent. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

Furthermore please provide me with a copy of my contracts with you and any company you represent, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a true SIGNED copy of any credit agreements and a statement of account on request.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded.

 

Following recent contact with your company before I am prepared to take this matter of outstanding balance and make ANY payments I would like you to provide me with the following information.

 

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Plus take notice that this Capital One account was dealt with by way of an admin order at the County Court, which ended two years ago, and is now therefore statute barred.

 

Our researchers have been doing some digging into the unlawful behaviour of your company, Lowell Portfolio 1 Ltd / Lowell Financial Ltd / Red, and have discovered some interesting facts. These we now intend to bring in a group civil action in the High Court case against you. This research has included interviews with present and past employees of your companies. Take notice that a complaint has been filed with Devon and Cornwall Police.

 

1. That the aforementioned companies are in breach of their licence with the OFT, number Z8222569 which covers them for the tracing of consumer and commercial debtors and the collection on behalf of creditors, and the purchasing of trade debts, including rentals and instalment credit payments, from business only. Therefore, the attempted collection of consumer debt is not within your licence remit and therefore illegal.

 

2. That the aforementioned companies send out 'solicitors' letters when in fact they have not come from any solicitor registered with The Law Society, and details of this have been passed to The Law Society for action to be taken, which will result in severe penalties and fines being levied on Lowell Portfolio / Lowell Financial / Hamptons / Red, whatever you call yourselves.

 

3. That the aforementioned companies failed to satisfactory respond to consumers Section 78 (1) Consumer Credit Act 1974 requests and fail to produce genuine copies of credit agreements or the like, which is again an illegal act under the Consumer Credit Act 1974, and therefore our research and findings have been passed to the Office of Fair Trading for enforcement action to be taken against you. You agree and are aware that under law, such requests must be satisfied in full within 12 working days. In fact that is such requests are not fulfilled within 40 days, this becomes a criminal offence. A complaint has been filed with Devon and Cornwall Police log 319 of 22-02-08

 

4. That the aforementioned companies sent out threatening Statutory Demands that are signed by an individual claiming to be a Government Minister, when in fact that person is not. Again, this is highly illegal, and a file with the assistance of the Police is being prepared and will be sent to The Crown Prosecution Service for action to be brought against your companies. Further, the service of such Statutory Demands by 2nd class post is in breach of the rules, and therefore not enforceable in court. This is in direct breach of Administration of Justice Act 1970, Section 40 onwards.

 

5. That the aforementioned companies repeatedly telephone consumers chasing payments that are not owed, or are in dispute, despite being warned by the telephone regulator not to, and thus is in direct breach of Communications Act 2003, Section 127, and Human Rights Act 1990, Article 8 - Right to respect for private and family life, and Wireless Telegraphy Act 1949, misuse. All telephone calls to us have been recorded for use as evidence in the High Court, where we intend to claim for substantial damages against the aforementioned companies. A report is also being compiled and will be sent to the telephone regulator with a view to having the phone lines of the aforementioned companies cut off under The Protection from Harassment Act 1997.

I have just got off the phone with a Nigel Bevan at Lowell Financial, and he has stated that he has withdrawen the Statutory Demand, and that they have no entitlement to collect the alleged sum, and that a full letter of apology will be with me on Monday morning.

 

It's now Saturday morning, and I have just recieved by recorded delivery a letter from Lowells saying that they have withdrawn the SD, and are not entitled at all to collect the alleged debt. This is an open admission by them that what they are doing is wrong and illegal.

 

I am now looking at bringing a group class action lawsuit in the High Court against them for substantial damages, and the more of us that can group together in this action, the more chance we will have at winning. Further, Devon and Cornwall Police are now taking action against them, and are interested in hearing from you. Their phone number is 08452 777444 quoting log 319 of 22-02-08.

 

I'VE WON!

[powelll]

Fantastic result - well done

[zz2]

Excellent:D well done on your outcome!

[bbarny]

Hello everyone you guys are doing a great job.

 

I have got myself a SD from Lowell/red debt collection services.

 

I have been reading through the forums and have looked for the

 

CCA letter template but cannot find it, some links time out others

 

don't.

 

Forgive my ignorance but if anyone could tell me how to navigat to

 

the letter template manually I would be grateful.

 

Just to say the information you guys supply is a godsend, and keep

 

up the good work.

 

bbarny.

[honey5]

its in here

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

N is the template you are looking for, goodluck with your forthcomming battle

honey x

[Exhaled]

:-| Well done Plymouthvictim!!!

 

I am new to CAG but have been reading all the Red/Lowell threads with interest.

 

I received a letter from a DCA named Mackenzie Hall Nov 2006 and replied with a standard letter I found on this site. I heard nothing until Nov 2007 when I got a letter from Red over the same alleged Barclaycard debt.

Again I replied with a similar letter but this time I got a reply. I sent off another similar letter but red/Lowell have continued to write, offering 50% discount, threating home visits etc (no visits!) I igored them all (last one being mid Dec 07) then I get a Statutory Demand last week.

 

I have now copied and pasted your e-mail into a letter, changed some details and I will send that off tomorrow.

 

The SD arrived 1st class post but gives no details of any attempted visits or dates of any future visits.

 

I'll wait and see what happens.

[bbarny]

Thanks for the link honey5. I will send that off shortly and post any further contact with Lowell.

[Topspeed007]

HI Guys

 

can somebody let me know the following please.

 

I sent off my letter for my CCA and enclosed my £1 to Lowell and in the same letter I also stated that debt is statue barred... All by recorded delivery- which I have since checked and seen that it has been signed for -sent to Lowell HO Leeds etc etc.

 

Anyway- that was back in late Feb 08 and as yet have had neither my CCA back nor a response to my statute barred letter. Do I just sit and wait or do I fire another salvo at them?? I have received a letter from a scottish debt company (forget name but lots of posts on here regards company)- regards same debt which i just shredded and also the std letter from RED- again shredded.

 

I am not bothered by the letters as I know the debt is statute barred, but IF and am sure it is only IF they decide to take next step am I correct in presuming that they cannot until they respond to my original letter? and is proof of posting a letter good enough defence?

[PossVox]

...subscribing...

[ODC]

HI Guys

 

 

Anyway- that was back in late Feb 08 and as yet have had neither my CCA back nor a response to my statute barred letter. Do I just sit and wait or do I fire another salvo at them?? I have received a letter from a scottish debt company (forget name but lots of posts on here regards company)- regards same debt which i just shredded and also the std letter from RED- again shredded.

Let me hazard a wild guess. Lowell passed your account to the wonderful Mackenzie Hall of Kilmarnock. Its a pity you shreddded the letter from them as Lowell should not have passed your alleged debt on whilst they were in default of your CCA request. Its time now to complain to TS, the OFT and your MP. Also an official complaint to Lowell.

 

On the plus side you know you have won when Mac Hall get a debt as they are bottom feeders and only buy Statute Barred and Unenforcable debts.

[Topspeed007]

Your guess is quite correct and I will now keep any letters from MH or RED or Lowell or any other company regards this and will send a recorded delivery letter to them complaining about lack of response to my recorded delivery letter and contact whilst in dispute etc etc.

 

Many thanks for your help ODC.

[uncle_pin]

Very interesting thread, which I have been viewing on & off for a while.

 

I'm still being harassed by Red, Lowell, etc over two accounts I had with Egg and will be firing off CCA letters, Harassment letters etc . Initially I was pestered stupid by Capquest (which I just ignored) and it has been passed from pillar to post over the last year or two.

 

For the last few months I have been keeping a record of all the attempts they have made to speak to me - messages, letters, texts etc and now that Red are threatening SDs I think it is time to act.