Lowell Financial - Help required

[ohdearwhatshallido]

I have received a Final Notice from Lowell Financial stating the following

 

"Our agent has failed to make contact with you as a legal requirement we must now inform you that 7 days from the date of this letter we intend to instruct our Legal Department to review your account. This may involve applying for a County Court Judgement to be registered against you. If successful, dependent on your circumstances we will enforce the Judgement by one or more of the following steps:-

 

Blah blah blah"

 

How do I respond? I've infact receied 3 of these letters as Capital One has sold 3 credit card debts onto them.

 

Your advise and help would be appreciated.

[dx100uk]

firstly dont worry........

they are only a DCA [telephone chasers withlegs!]

THEY HAVE NO POWERS!!!

 

i would expect each have quite a few charges by C1 that you have not reclaimed yet?

if so, i'd SAR cap1 for all the statements on each of the A/C's [1 letter for all 3 - £10 the lot].

 

that will put the A/C's into dispute, then inform lowells of this, they will hand them all back to Cap1.

then continue with the claim.

 

just as a side note...how old are thes, not getting near 6yrs old are they?

 

dx100uk;)

[payingonlyencouragesthem]

I had that letter a while back. Before SAR'ing I'd make sure they can actually produce the original agreements under CCA 1974. In Capital One's case they usually can't unless the account was opened last week. If they can't Lowell will drop it. Use the CCA template in this forum.

Love the name:D

[ODC]

I got one of those letters from the lovely people at Lowells. It too was for a Capone bill. Im sitting tight and fully expect a 'Solicitor's' letter from Hampton Legal their in hous solicitors. Im nearly sure my debt is Statute Barred by now so the longer I delay things the better. If Lowells had proof of the debt they would not waste time by making all sorts of money off offers and stupid requests to call their friendly symPATHETIC negotiators.

 

I only once spoke to them and found them to be rude arrogant and nasty and totally unwilling to help. No doubt my refusal to bow down to them along with that of many others on here has totally ruined someones big fat commision cheque:D

[ohdearwhatshallido]

Got the CCA's back on the 3 accounts today.

 

One of them is a full page copy with name address and account number on, but the other two are just the box at the bottom of the page and it looks like they have stuck a piece of paper over the top with our name and address on and copied it.

 

They also enclosed with each CCA a couple of copies of statements.

 

I'm, very confused though, as the account numbers on some of the accounts don't add up to the original credit card numbers.

 

Also these debts were sold to Lowell on 19/01/07 so why do some of the statements that Capital One have sent to Lowells still show a debit balance and yet one account shows a nil balance?

 

What do I do now? I'm concerned with all the mix up with numbers, i've only ever owned one account with C1 and yet they have 3 different numbers. My husband two accounts seem in order though.

 

Any advise would be grateful as the letters say we need to make payment within 7 working days.

[ohdearwhatshallido]

Also forgot to mention that I sent the CCA requests on 26/3/07, got reply from the on 30/03/07 stating that it might take more that 12 days and if it did they would let me know, received CCA's today 11/03/07.

[ohdearwhatshallido]

Can anyone help and advise at all please?

[ODC]

Also forgot to mention that I sent the CCA requests on 26/3/07, got reply from the on 30/03/07 stating that it might take more that 12 days and if it did they would let me know, received CCA's today 11/03/07.

 

I assume you mean 11th April.

 

Dont panic. Post details here of what they actually sent you. It may not be the actual executed agreement but merely a hashed together copy of your application form

[dannyboy660]

If like me, you enjoy a little gamble, you could call their bluff and do nothing, just completely ignore them.

 

If they telephone just say you are still waiting for the CCA information you requested and you will only deal with them in writing from now on, and hang up. Don't give them any personal details and do not co-operate...that does not necessarily mean you have to be rude, although if you feel like it.....go ahead.

 

You will get the usual lowell threats followed by the Hampton threats and then........what???

 

Well, there's very a high probability they will give up and move on.

 

If they take the CCJ route, return the completed form to the Court (not Lowells) contesting the amount owed. You should at this stage also enclose a letter to the Clerk of the Court pointing out that you are not satisfied that Lowell/Hampton have the legal right to collect the debt as you have not at any stage entered into an agreement with them of any kind. On signing CCA'74 you gave permission for an agency to collect on behalf of the creditor in the event of default, but you did not give express permission for the debt and/or your personal details to be sold outright to an unconnected private enterprise.

 

You are then effectively letting the court decide if these dodgy documents are legal or not and whether you have an obligation to pay Lowell. As the Law currently stands, I think you may be pleasantly surprised.

 

Worst case scenario?? The Court orders you to pay at a rate you can afford. The debt can not get any bigger, and Lowell will then have to leave you in peace to pay it off at a fiver a week, or whatever. You have a CCJ on credit record for a while, but so what?? When the debt is paid it will be marked as satisfied and CCJ's are not much of a barrier in this day and age...........IVA or Bankruptcy is the 'new' CCJ.

 

That's just an opinion....and not necessarily good advice.