Wally V's Lowell Financial Ltd cap1 card debt

[ObstinateWally]

Hello all, this is my second post, wahoo...

 

Lowell are chasing me for a Capital 1 credit card debt of £856.

I get daily phone calls which go along these lines...

 

RING RING

Wally: Hello?

LF: Could I speak to Mr. Wally please?

Wally: Speaking

LF: It's Iwasbulliedatschool from Lowell Financial, could you confirm some personal details for security reasons

Wally: I don't give personal details over the phone, I'm sorry.

LF: Thank you HANG UP

 

As I'm sure anyone who's recieved these daily calls knows, it starts to get slightly annoying after a while, so after looking around this website for ideas, I posted the following letter, special delivery, on 26th-April...

 

Lowell Financial Ltd.

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

26th April 2007

 

REF: *******

 

Dear Sir/Madam,

Following our recent telephone conversation, I am writing to you regarding the debt which you allege I have with yourselves.

 

I do not acknowledge any debt with Lowell Financial Ltd

 

I hereby request that you send me a true copy of this credit agreement. I understand that under the consumer credit act 1974 (Sections 77-79) I am entitled to receive copy of this agreement on request.

I enclose payment of £1:00 which represents the fee payable under the consumer credit act. This £1:00 payment is for the fee ONLY, and should not be put towards any alleged debt.

A copy of this agreement should be supplied to me within 12 working days.

You are reminded that you are obliged to provide these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974.

 

I also wish to address the matter regarding future contact between you and myself.

 

I hereby request that ALL future communications are made via letter only.

 

Regarding telephone calls, I have no wish to correspond with you via telephone. As I have offered you another way of contacting me, you have ‘no lawful business’ trying to call me. Should you continue to try to contact by telephone, I will regard these calls as harassment. Under the Protection from Harassment Act 1997 this is a criminal offence and I will seek damages if this should occur.

 

Regarding doorstep calls; I advise you that under OFT rules, you can only visit me if you make an appointment, and it is not my wish to make such an appointment with you, or any of your representatives. There is only an ‘implied license’ under English Common Law for certain people 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, please take note that I revoke license under Common Law for you, or your representatives to visit me at my property. If you do visit me you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you fail to adhere this warning and send doorstep collectors to visit me, I will use any physical force which is allowable by law to remove them from my property. I will also seek damages and pursue other legal action as outlined above.

 

I await your reply and the information that I have requested.

 

Yours Faithfully,

 

 

Mr. Wally

 

Having checked on the Royal Mail website, this letter was delivered on 27th-April-2007. I got a phone call that morning, which I did not answer. (Was busy having my nostrils plucked and watching paint dry!) But since then no further correspondance has been forthcoming from them. I would like some advice on what to do if they continue to call, and also what to do if the CCA does/doesn't arrive. I've read Diskmandave's thread about Lowell, and it's really lifted my spirits, let's hope the same thing happens to me. I'd also like to know what people's advise would be on going down the route of reclaiming charges from Capital 1/Lowell

 

I look forward to hearing from you all,

 

Wally

[diskmandave]

Good luck Wally!

 

Regards, Dave.

[maggieboo]

Hi Wally

 

I've also been following Diskmandave's thread, it's been really helpful.

 

I've been getting lots of letters from Lowell, but no phonecalls. I've also CCA'd them and all I've had back a photocopy of a fax of a photocopy of my original application form, that can't even be read! I'm just planning my next move!

 

Good luck.

 

Regards

Maggieboo:)

[Zimmie]

Hi Wally, I'm another of the Lowells elite. I was getting lots of letters, and in a panic I telephoned them...expecting them to be understanding & helpful...after all their letters say they will be......hahahaha, what a fool I was. Their actions prompted me to find CAG. I CCA'd them on 2nd April, they didn't bother to acknowledge my request, but within the 12 days sent me a copy application form. Again in panic I thought... thats it they'll be sending my signed warrant of execution & the mobile guillotine round to me. I came back on here and got some great help which calmed me down and then I looked over application and realised that not only was it illegible, it contained no prescribed terms & it had been tampered with.

I'm now having such fun corresponding with Lowells about whether it is/is not an agreement...which hopefully will take them over the 30 day point of committing an offence.

I also SAR'd BoS regarding this account on 16th April, heard nothing yet, but still early days. Send your SAR to Cap 1 not Lowells.

If only Lowells had not been so rude, aggressive & blatantly in breach of OFT guidelines I would have been paying them a small but regular amount, still blissfully ignorant of my rights. Well the worm has turned and it was Lowells who pushed me to!

Good luck Wally, you'll get loads of support & good advice on here.

[ObstinateWally]

Morning all, had a reply this morning from Lowell, I don't have a scanner, so I've typed out the content below...

 

30 April, 2007

Dear Mr Wally,

Our Ref: ********

Original Creditor: Capital One

Balance Outstanding £825.37 The amount's already gone down!

Re: Lowell Portfolio I Ltd

We are in receipt of your request for a copy of your credit agreement in this matter in accordance with section 78(1) of the Consumer Credit Act 1974.

We are also in receipt of the presecribed fee from you.

We are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement.

While we will endevour to reply to you with the required information within the prescribed 28 day period under the Consumer Credit Act When did this change from 12??? you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period and the reason to supply the required information.

We trust this meets with your satisfaction.

Yours sincerely,

Nigel Beavan

Collections Supervisor

 

So we're all up to speed on this, obviously the 28 day thing is a bit of a curve ball. Any advice on what the next course of action should be, sit and wait or really start rocking the boat and claim illegal charges?

 

Wally

[Vampyra]

Hiya Wally

 

Brilliant first post - tort for trespass - MARVELLOUS made me laugh out loud!

 

I'm another of Lowells favourites - they want to bankrupt me, oh yes!

 

My two accounts with them hit the 12 day deadline tomorrow, then 6 DCA accounts will have defaulted.

 

My Lowells letters mention the 12 day deadline, not 28, so they are obviously playing games. I've had one DCA tell me they just can't get it in twelve days, not possible, but it exists.

 

You'll get loads of support here! Welcome

Vampy

[emma81]

Lowell My Fave, they are complete you know whats,i have never contacted them by phone thats the best thing to do everything you send do by recorded delivery otherwise they play dumb, they are trying to chase me for £400 Capital One bill which i had 5 1/2 years ago i mean please it must have cost them more to find me!!! I sent them letters also asking for statements etc and got a crappy copy you couldnt read in the end i cut out the middle man and SAR's Capital One for the orginal docs they have 40 days to reply its already been 25 so fingers crossed they dont respond, then i get the usual from Lowell 'Your comments have been noted, we'll be in contacted shortly' yeah yeah yeah whatever, i have sent all this now to the OFT to investigate as this is the first contact i've had since the account was opened in 2001......!

[maggieboo]

Hello Wally

 

I had exactly the same reply from Lowell when I CCA'd them, and then they sent a photocopy of a fax of a photocopy of my application form and stated that I must now contact them and pay them within 7 days. Well, obviously I haven't. I am going to write back pointing out that they have sent the wrong information, meanwhile I'm gathering together all of the correspondence between us to go down the TS route - as in Diskmandave's thread.

 

regards

 

Maggieboo

[Alex_DeLarge]

I have experience of these losers, after I received the letter from them confirming they were in receipt of my CCA request, they went on the pester me for another 9 months, included sending a Statutory Demand, which I had set aside this week with Lowell paying my costs, they didn't even turn up to court.

[rev.ian]

Well this will get you going I had two letters from Lowells written on the same day and both signed by a nice lady Alison. The first saying they have 40 days before the debt becomes unenforceable. The second letter saying under section 136 of the Law of Property Act 1925 governing assignment they don’t even need to supply a copy. I am going to have such fun with Lady Alison.