Hi, newbie needing help with Lowell please

[famanda33]

Hi all

 

I've been a member of this forum for a while now, but have not needed to post before. Your standard letters and information I found on here had meant I have successfully managed to get Robinson Way to agree that my husband does not owe them the £4k+ that they were asking for, so many thanks!

 

This post is now for help about me please. I am meticulous with my finances, and always have been. I also always keep electronic copies of all letters I send complaining or ended contracts, and send everything recorded delivery.

 

Today I have received a letter from Lowell saying that in October 2008, they purchased a debt from Vodafone and there is a balance outstanding of £242.92. I have not been with Vodafone since December 2004, and I still have a copy of my letter sent to Singlepoint (Vodafone's billing) cancelling my contract (dated 13/12/04) detailing a category of billing and delivery issues as my reason for the cancellation. The letter states that I have cancelled the DD, and will clear the final bill by cheque when I receive it. I can clearly remember sending the cheque, but unfortunately I have changed banks since then, and have no statements going back that far to show the cheque being cashed, but I know it was. And it would have been less than £50, no where near £242.92.:?

 

The other thing is that the letter has come in my maiden name (I have been married since June 2005), and it quotes my original address (moved 2 years ago)

 

Any advise would be very much appreciated as to where I go from here.

 

I have no way of paying them this so-called outstanding debt as I am due my 3rd child in 2 weeks, so could really do without this added stress! And I am convinced I do not owe them anything.

[cerberusalert]

Send Lowlife this & make them prove the debt exists;

 

Dear Sir/Madam

 

Account no:

 

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

 

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.

 

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.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[famanda33]

Many thanks for your extremely speedy reply!

 

I'm off to the Post Office to recorded delivery that letter in the next hour.

[vjohn82]

Keep us updated on this one... I have 2 debts with Lovell chasing me for Singlepoint 4U debts.

 

I have sent them a CCA request... completely pointless at this stage because mobile contracts do not come under the agreement... I just want to see what they do with the request. They way I see it they have these options:

 

1) Send me the fee and state the CCA request does not apply to service agreements for telecommunications, the account still needs paying and give me ways to make a payment.

 

2) Send me the fee back and request information from the original creditor about the agreement which the debt relates to.

 

3) Completely ignore me

 

I will, on the basis of those scenarios...

 

1) Request information from them to prove they have the rights to chase this debt and request any information proving the debt belongs to me.

 

2) Wait for the OC information; in which case it will be returned as statute barred.

 

3) As number 2

 

Failing a breakdown of the above I can then go for an SAR to the OC and then wave bye to £10... probably worth it in the end to be rid but if I can get information from the DCA which shows the debt is statute barred then I will have claimed victory.

[famanda33]

I posted the letter recorded delivery on the 27th February, and then on the 28th February, I received exactly the same letter from them, word-for-word, but in a different typeface!

 

Nothing then until today.

 

I've just received a letter from Red Debt Collection Services. Apparantly they have been appointed duly authorised collection agents for Lowell Portfolio. It gives the same reference number and amount supposedly owed to Vodafone. The main part is below:

 

As you have failed to settle your outstanding balance or enter into a repayment plan our client has now instructed us to consider either:

 

1. Using the services of a licensed 'Home Visit Agent' to attend your home during a period to be notified to you to discuss your account or

 

2. Start legal proceedings with a view to gaining a County Court Judgment, which if awarded by the Court to enforce any judgment that may be granted by way of an Attachment of Earnings order or use the Bailiffs to remove goods from your premises should the debt remain unpaid

 

Before a decision is made as to the most suitable form of action (described above) regarding your outstanding debt we would like to give you the opportunity of contacting us and agreeing repayment.

 

If we do not hear from you by 14/03/2009 and you persist with no payment our client may have no alternative than to use other recovery methods as discribed above ........

 

........

 

and so on.

 

Can anyone point me in the right direction of where to go from here please?

 

Many thanks in advance.

[vjohn82]

famanda33:

 

1) Ignore the part about a "home visit" - they rarely do this frm my experience. Even so, there is a letter you can write to them regarding home visits. In common law you can revoke permission for a creditor/dca to visit your home to collect debts. Even so, they cannot enter your home so if they visit tell them to leave (but keep it polite of course)

 

2) They can only start legal proceedings if the debt is genuine and not statute barred

 

So... what now?

 

Send this to them instead -

 

Dear Sir/Madam

 

I am writing in regards to [fill in as appropriate]. I have no recollection of the debt you are collecting and therefore reject ownership of it without equivocation; please treat this as a formal dispute of said account. If you wish to pursue this matter you need to supply me with details of the account you are attempting to collect money for.

 

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) and therefore I do not acknowledge any debt held by your business or any affiliates.

 

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 a reasonable time frame. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

See what happens after that really; persistence and patience are virtures worth having when dealing with telecommunications debts!

[debt4get]

first thing is to send letter saying you are not welcome to call at my home

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

this is just one of their threatograms file and ignore

[PGH7447]

red and lowlife sit in the same office

[famanda33]

Thanks for the info all, especially the part about them sitting in the same office!!

 

vjohn82 - I'm going to use your letter in the first instance as I haven't yet received any phonecalls from either Lowell or Red.

 

I'll keep you updated with their reply

[vjohn82]

Yeah keep us posted... patience and persistence is a virtue!

[famanda33]

Another letter has arrived today in the same vein as the others. This one is again from Red and starts with bold capital letters PRE LITIGATION DEPARTMENT and states that their agent has failed to make contact and 7 days from the date of the letter (8/4/09) they intend to pass they matter to their legal department. Then it threatens court again......

 

They have on no occasion acknowledged receiving either of my previous letters (both sent recorded), and just keep sending me letters saying they are unable to contact me.

 

I'm obviously not going to ring them, but it is infuriating that they are not acknowledging me. They are obviously just trying it on in case I have a dumb moment and decide to call them and pay them for something that I am denying ever owing!

 

Is there a standard harrassment letter that I can send? Or would something else be more appropriate?

 

Oh - and I've noticed something else. Their letters always state either 7, 10 or 14 days to respond or further action will be taken, but they take that time to arrive! Clever dating and posting of the letters to scare people into phoning them?????

[cerberusalert]

Make a complaint to your local Trading Standards & the OFT. The Lowell group have already been in bother because of their methods of chasing mobile debts.

[grannymoose]

Guys what is the first letter you send to these guys?

many thanks

[cerberusalert]

Post number 2

[debt4get]

the first letter for what m8?

[grannymoose]

Sorry should of said more.: /

Got a letter today from Lowell telling me they had bought my debt from barclaycard of for £744.71 on the 31/03/2009 and that i have to phone to make an offer to pay.

can you point me in the right direction for letter number 1.

[saxon]

Hi, if you go to top of page

click on bank action group

scroll down to see the templates library

in there are all the letters you need

sorry can't link or tell the letter you need other than it's the one asking for the CCA (consumer credit agreement)

 

someone else will prob give better directions tho

[saxon]

Creditors and DCAs - Letter Templates & Budget Planner

Creditors and DCAs - Letter Templates & Budget Planner

 

all the letters you need are in here

just modify to meet your needs

[famanda33]

Make a complaint to your local Trading Standards & the OFT. The Lowell group have already been in bother because of their methods of chasing mobile debts.

 

Thank you, I will do this today. Many thanks for your advice.

[meols cop]

You can still request copies of your statements from your old Bank Account. You can do this via a CPR request it will cost you £10 but the info will go back 6 years.