Lowell Portfolio 1 / Hamptons Legal chasing two Co-operative bank debts - advice please

[manitoba]

Lowells have been sending letters to me, and now Hamptons are, regarding Co-operative Bank debts.

 

Does anyone have information about whether Lowell have purchased Co-operative Bank accounts and what their procedures are for tracing people? They have used a peculiar misspelling of my address, in common with another company though I fail to recall who at the moment. I am not currently on electoral roll since we missed the sign-up date by a few weeks when we moved into this house. I'd love to know who shared my details with them.

 

Also does anyone have experience of whether Co-operative and Lowell have their act together in terms of the CCA and whether if I request copy CCA they are likely to be able to produce it? I am not sure when the last time I acknowledged this debt would be, but certainly not since mid-2005 anyway.

 

Can anyone advise me what to expect if I simply ignore all letters etc? I am in Scotland so is the law different here? Can sheriffs officers turn up and start emptying my home? We rent so there nothing they can do about the house.

[mr.ton]

Can anyone advise me what to expect if I simply ignore all letters etc? I am in Scotland so is the law different here? Can sheriffs officers turn up and start emptying my home? We rent so there nothing they can do about the house.

 

Unless instructed by a court....you ve got more chance of Lord Lucan turning up at your home to remove stuff than anyone from a DCA.

I ll tell you exactly what will happen if you ignore them totally - sweet FA.

So expect more threatograms, maybe even phone calls (if so refuse to answer their security questions) & apart from that....errrrrr nothing

[manitoba]

Thanks Mr T that sounds like exactly the sort of advice I was hoping for

 

So I should continue to completely ignore them and not bother sending the Letter N or anything like that, cos that would acknowledge the debt would it?

[ODC]

Letter N is not an acknowledgement of any alleged debt. It depends what these alleged debts refer to as to whether its worthwhile sending letter N.

 

Lowells will prbably sell this debt on to their Scottish paramiltary wing of Muck Hall in Kilmarnock. When this happens you will know you have won

[manitoba]

But however just re-read your answer and you start:

 

"Unless instructed by a court..."

 

If I ignore these letters will they take it to court anyway though? And then get instructed?

 

I am guessing all that process could take a long time...

 

Is it 5 or 6 years in Scotland since acknowledging a debt and what does acknowledging mean exactly, repaying something? Contacting them about it? That confuses me a little. I had to parachute in Feb 2005 (hubby left me on my own with tiny baby and no income) and despite staying in touch with them and asking for time they just added charges and costs and everything until debts of about £1800 have now become more like £6000 and there's just no way on this earth they are getting that out of me without a good fight.

[manitoba]

Letter N is not an acknowledgement of any alleged debt. It depends what these alleged debts refer to as to whether its worthwhile sending letter N.

 

Lowells will prbably sell this debt on to their Scottish paramiltary wing of Muck Hall in Kilmarnock. When this happens you will know you have won

 

Thanks for your help, I've not heard of this Kilmarnock lot before I assume they will be similar in operation to Westcot and other such bandits? I will wait and see what transpires.

 

Normally my letters are from Lowell, I think this is the first time they've sent one on Hamptons paper.

[mr.ton]

Only a county court has the power to instruct people to turn up at your home & remove stuff....& even that is as a last resort once all other avenues have failed.

Lowells & Muck Hall are the worst when it comes to threatening all sorts - but never actually carrying out those threats. (along with most other DCA's)

Its not in a DCA's best interest to take you to a county court as it would cost them money & they'd only receive something like £1 per month back once all your essential outgoings have been taken into account by the court (bills, clothes,food, traveling costs etc...)

So in effect...DCA's are pretty much powerless & useless organisations

[mr.ton]

Thanks for your help, I've not heard of this Kilmarnock lot before.

 

The worst of a rotten bunch they are...but have no worries if you do hear from them

[mr.ton]

Lowells will prbably sell this debt on to their Scottish paramiltary wing of Muck Hall in Kilmarnock. When this happens you will know you have won

 

:grin:

[manitoba]

Thank you so much everyone, you made me feel a lot better.

[42man]

Bear in mind that as you stated if these are bank accounts as opposed to credit cards / loans then the CCA request won't apply....

 

It might be a good idea to send a SAR request to the Co-Operative bank...but you'll need to send this with a £10 postal order and send it by recorded delivery, they have to supply all the info in 40 days...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, 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 account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

 

 

As for the debt collectiors send each this letter asking to clarify (by recorded)

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU REPRESENT

 

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

 

I have also been contacted by another company called XXXXX who are also claiming that I woe them money for this same account.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

And also - Psychological Harrassment

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

Please also note that I will ONLY communicate in writing, any calls made to me will be regarded as harrassment and treated as such.

 

Yours faithfully

 

**Edit to suit **and don't forget, print your name, don't sign it. Send it recorded.

 

Regards.

[ODC]

Thanks for your help, I've not heard of this Kilmarnock lot before I assume they will be similar in operation to Westcot and other such bandits? I will wait and see what transpires.

 

Normally my letters are from Lowell, I think this is the first time they've sent one on Hamptons paper.

Lowells like to use the Hampton Legal toilet paper in a childish effort to CONvince you they are some sort of Solicitors with some legal power. They have as much legal power as Lowells or Red Debt i.e. NONE.

 

Basically Hampton Legal is just another desk in the Leeds threat centre.

 

Its just the same empty threats on different notepaper.