bwlegal & Lowell Portfolio 1 Ltd

[infoseeker]

Hi All

 

I have today received a correspondent from BWLegal stating theyare acting on behalf of Lowell Portfolio 1 ltd

and that they will file aBankruptcy Petition against me in my local county court.

 

Okay keep this tread to the point

four years ago I was indebt by 1300 pounds Vanquis Visa credit card kept on leading me

and I kept ongoing into debt to the point I owe them1500 pounds ,

when I was not able to pay any debt back

they kept on applying double interest and service charge follow by admin charge.

So theamount is in dispute to this point Vanquis pass my details on toLowell Portfolio 1 ltd

who pass myinformation on to Red debt collectors

who for some reason pass the information on to third party and now I gotBWlegal acting on behalf of Lowell Portfolio 1ltd

 

I have sent a emailtoday to BWlegal today please have a look at the end of thistread .

 

I am worried about losing my house , bank and the little money I have left ,

I have fourkids to feed and this type of letters throw you in the dark end.

What can I do?

please help

 

this email was sent today :

 

You havecontacted me regarding the account with the above reference number, which youclaim is owed by myself.

I would point out that I have no knowledge of any such debt being owed toLowell Portfolio 1 Ltd

 

I am familiar with the Office of Fair Trading Debt Collection Guidance whichstates that it unfair to send demands

for payment to an individual when it isuncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair topursue third parties for payment when they are not liable.

 

In not ceasing collection activity whilst investigating a reasonably queried ordisputed debt you are using deceptive/and or unfair methods.

 

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

 

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

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the tradingstandards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

[fkofilee]

Good start on this one... However i would suggest doing it via Royal Mail... Its much easier to deal with!!!

 

But then again youve done the first contact but so i would suggest to see what they come back with...

[unclebulgaria67]

If BW Legal have sent that letter to you, it would seem to indicate that they have served a statutory demand on you.

 

Have you received a statutory demand at your address ?

 

You have to take this seriously, as the consequences are that you are found bankrupt and they force you to sell the house.

 

If this debt is yours and there is anyway that you can make an offer of payment,

 

I would suggest that you do so.

 

Sending an email suggesting that you know nothing of the debt, is not a great idea.

[ims21]

Thread moved to Financial Legal forum

[fkofilee]

If BW Legal have sent that letter to you, it would seem to indicate that they have served a statutory demand on you. Have you received a statutory demand at your address ?

 

You have to take this seriously, as the consequences are that you are found bankrupt and they force you to sell the house. If this debt is yours and there is anyway that you can make an offer of payment, I would suggest that you do so. Sending an email suggesting that you know nothing of the debt, is not a great idea.

 

Hang on here,.. they may not have necessarily received a Statutory demand,... Yet...

But i would like to know what the deal is with this...

[unclebulgaria67]

Hang on here,.. they may not have necessarily received a Statutory demand,... Yet...

But i would like to know what the deal is with this...

 

From what I have read, Lowells send a letter saying that they are passing the account to BW Legal.

 

Then BW Legal write saying that they will be looking to serve a statutory demand as the first step towards bankuptcy.

 

Then the SD is served.

 

Then BW legal send a letter saying that they will be lodging a bankruptcy petition with the court.

 

My reading from the OPs' post, is that we are at the latter stage and therefore the email sent is not really an adequate resposnse.

[fkofilee]

From what I have read, Lowells send a letter saying that they are passing the account to BW Legal. Then BW Legal write saying that they will be looking to serve a statutory demand as the first step towards bankuptcy. Then the SD is served. Then BW legal send a letter saying that they will be lodging a bankruptcy petition with the court.

 

My reading from the OPs' post, is that we are at the latter stage and therefore the email sent is not really an adequate resposnse.

 

Oh fully agree with your comments about the email

I think we are at the beginning stage now of the fight with Lowell & BW Legal.

[BRIGADIER2JCS]

Anyone going to give the OP a chance to reply??

 

Hello infoseeker,

 

I'm afraid your letter is inappropriate in these circumstances.

 

1. Given the history you have given you are aware of the debt and that it has been passed to Lowell Portfolio 1 which is assigning a 3rd party to pursue the debt.

2. You need to pursue Vanquis in regard to the charges as a separate matter, the charges do not affect the enforceability of the debt, the creditor will have decided the charges are correct and no dispute exists, there is nothing to prevent Vanquis from selling the debt on alleged dispute or not.

 

I'm telling you this because if BW legal issue a statutory demand on behalf of Lowell what you state in the letter will not help you, an will not in my opinion make a viable defence if this goes to court.

 

What you need to be doing is a CCA Request to Lowell Portfolio 1 and a Subject Access Request to Vanquis.

 

A CCA request goes to the Compliance Manager at Lowell cost is £1 statutory fee use cheque or postal order clearly marked for 'statutory fee only' Lowell have 12 + 2 Working days to comply

 

SAR costs £10 statutory fee (same conditions cheque/PO marked up) Vanquis have 40 Calendar days to comply, this gets you ALL the data held on you and the account you need to look at all charges applied to the account including any 'insurances.'

[dx100uk]

yes get that SAR off

 

why not send them a CCA too

 

SAR to vanquish

CCA to Lowlife.

 

lowlife/red/BW/Hamptons are just blokes at the next desk in a diff skirt.

 

are you sure the letter says WILL

 

not loads of ifs/but/instructed/could/minded.

 

scan it up please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

[unclebulgaria67]

Anyone going to give the OP a chance to reply??

 

 

They hopefully will in due course, when they have a chance.

[Old Cogger]

Royal Mail recorded delivery, e-mails to vanquis do not get responded to only a e-mail stating contat telephone number I found.

[infoseeker]

I have just sent this letter to BW Legal asking for the CCA , wish me all the best

 

I acknowledge the receipt of your correspondence via email dated07/10/2013 from Bhadur Singh Sur.

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act1974. I require you to provide me with a true copy of the credit agreementrelating to the above account, together with any other documentation the Actrequires you to provide.

 

I expect you to comply fully and properly with this request, within thestatutory time limit. You are reminded that should you fail to comply with myrequest, the provisions of s.77(6) will apply.

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 appliesin the case of a simple assignment, and places a duty upon you to pass thisrequest to the creditor. In the case of an absolute assignment, you are acreditor as defined by s.189. If you contend that you purchased the rights but notthe duties of any agreement, you are reminded that s.189 of the Act is clearthat 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 UnfairTrading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note thatthese funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you shouldconfirm this in writing at the earliest opportunity, and certainly within thestatutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

 

let me know your feed back

[infoseeker]

Guys thanks so much for your replies hopefully this should help others , this is what I received from them via email

 

Dear Sir,

 

I write in reference to the above matter and thank you for your email received on 4 October 2013.

 

Unfortunately due to the Data Protection Act we are unable to discuss any information pertaining to the reference quoted without first completing Data Protection verification.

 

We would therefore appreciate it if you could contact our offices on the below number in order to complete Data Protection verification enquiries which will allow us to correspond via email in future.

 

Alternatively, please provide your contact details so that we may contact you.

 

Kind Regards,

 

so in respond to this I have send them a letter demanding CCA with a cheque amount of One pound

[Andyorch]

We recommend a Postal Order rather than cheque infoseeker.

 

Regards

 

Andy

[citizenB]

Guys thanks so much for your replies hopefully this should help others , this is what I received from them via email

 

Dear Sir,

 

I write in reference to the above matter and thank you for your email received on 4 October 2013.

 

Unfortunately due to the Data Protection Act we are unable to discuss any information pertaining to the reference quoted without first completing Data Protection verification.

 

We would therefore appreciate it if you could contact our offices on the below number in order to complete Data Protection verification enquiries which will allow us to correspond via email in future.

 

Alternatively, please provide your contact details so that we may contact you.

 

Kind Regards,

 

so in respond to this I have send them a letter demanding CCA with a cheque amount of One pound

 

the time to have verified your identity would have been prior to them sending you the original letter.. not afterwards..

[infoseeker]

I Couldn't agree more with your statement citizen ,

 

what gets me down is these company actually do get away with these threat ,

and the so call 'People Government' well they do not care about the poor.

 

I am in debt not because I wanted to go in debt but was force to go this far.

 

When families have to feed their young's one then people have little choice but to borrow money when state fails.

[unclebulgaria67]

I Couldn't agree more with your statement citizen , what gets me down is these company actually do get away with these threat , and the so call 'People Government' well they do not care about the poor. I am in debt not because I wanted to go in debt but was force to go this far. When families have to feed their young's one then people have little choice but to borrow money when state fails.

 

A question I don't think was answered. Have you received a statutory demand ?

[infoseeker]

Hi guys

I have received this letter today from BWlegal in respond to my request forCCA , [Please see attach image file ] your prompt reply would very much beappreciated as I only have until 25 October 2013 before they kick me out of myhouse.

So everyone is familiar with what has gone on with BWlegal ,I received a letter from BWlegal stating they are going to Send aBankruptcy petition to court to be issued. I respond back with three action

sent a letter with One pound cheque to BWlegal asking them for CCAusing the template from here

Sent a letter with one pound cheque to Lowell Portfolio

and sent a letter with 5 pounds payment towards my debit to VanquisBank Limited. asking them to send me a paying in book so I can pay themevery month.

the only respond I received was from bwlegal please see the imagefile

Our Client: Lowell Portfolio 1 Ltd

Balance Due: 2702.01

Original Creditor: Vanquis Bank Limited

As you are aware , we representLowell Portfolio 1 Ltd

You were served with the Satutory Demand by way of Personal service on 4October 2013

Please contact ################ ofthis office on 0113-357-0526 ext ##### as soon as possible to discuss this matter further so that a settlementarrangement can be reached.

If we fail to receive a response from you by 25 October 2013 , we will senda Bankruptcy Petition to Court to be issued.

If a Bankruptcy Petition is issue, a hearing date will be set and you willbe served with the Bankruptcy Petition . If you do not pay the Petition debt infull or we do not come to a settlement arrangement, we may seek a BankruptcyOrder against you at the hearing.

If a Bankruptcy Order is made, a person know as an Offical Receiver will beappointed to manage your financial affairs. The Official Receiver will assessthe value of your assets including any property that you own, in order todecide how best to repay all of your debts not just those owed to our client.This action may incur costs that the Official Receiver can recover from yourbankruptcy estate.

In order to avoid us submitting a Bankruptcy petition to the court pleasecontact us before 25 October 2013 to arrange a payment solution.

HELP

[Ford]

no file attached?

so, they haven't as yet petitioned for bankruptcy and have so far just done the stat demand (which is the prerequisite)?

a stat demand can be set aside on application (within 18 days from service) with grounds. so you need to consider whether to try that (set aside), or come to an arrangement, or accept the SD and wait see what if anything they do next?

Edited October 14, 2013 by Ford

[fkofilee]

Seems to be that way Ford....

 

I think maybe it might be worth an arrangement if they are pushing forward with this debt to keep it out of the courts...

But for a balance of £2700? ...

 

Thats full of charges and penalty fees that are reclaimable.

[Ford]

if there is a deemed dispute re amount owed, then that should be one ground for set aside of the SD?