Gobby v Lowells Portfolio

[theGobbyOne]

Right peeps heres one for ya..................Lowells finance got in touch with me too (under the name lowells portfolio) ansd said they were pursauing a debt from 2001 they got in touch with me just before crimbo and i foolishly agreed to pay £50 a month i now realise its out of time i.e. 6 years do i still have to keep on paying it????????

[Paule]

Re: Threat

Gobby, when did you agree this payment ?
Dec 2007 or 2001

[Amy]

Re: Threat

Right peeps heres one for ya..................Lowells finance got in touch with me too (under the name lowells portfolio) ansd said they were pursauing a debt from 2001 they got in touch with me just before crimbo and i foolishly agreed to pay £50 a month i now realise its out of time i.e. 6 years do i still have to keep on paying it????????

Did you sign anything?

Have you received any written communication from them that you have replied to?

Have you actually paid anything yet?

[theGobbyOne]

Re: Gobby v Lowells Portfolio

They got in touch with me right out of the blue in October 2007 and i agreed to pay £50 a month they then sent me a letter with without prejudice on top of it to confirm agreement but tbh its a debt i dont remember and asumed i owed as i was a bit scatty with debts back in 2001............so i have been paying £50 a month since nov/dec.............The cheeky ******s then increased the agreement to £59 without my consent and i kicked off and they reduced it to the original £50.............I kept letters though etc etc...........Not easy when ya hiding old debts from OH!!!!!!!!!!!!!!!!!!!!!!!!!! Hence why I panicked and just agreed to pay it...........the debt is for £550 to littlewoods personal finance who incidently cant find the debt!!!!!!!!!!!
But am assuming i am ******ed now cos i entered into repayment plan.....................que sera sera

[theGobbyOne]

Re: Gobby v Lowells Portfolio

And may I also thank whoever moved my post to give me a thread all of my own xxxxxxxxxxxxxxx
Mucho Gracias

[TANZARELLI]

Re: Gobby v Lowells Portfolio

If you had not acknowledged the debt then you would have been able to claim it was time barred due to the limitation act. By acknowledging the debt and making payments you have now re-started the limitation clock.

[theGobbyOne]

Re: Gobby v Lowells Portfolio

If you had not acknowledged the debt then you would have been able to claim it was time barred due to the limitation act. By acknowledging the debt and making payments you have now re-started the limitation clock.

Thats what I thought Tanz............but thanks for clarifying that point............
Can I argue to have payments reduced as £50 a month is pretty heavy considering my only income is student loans and child tax credits?????

[TANZARELLI]

Re: Gobby v Lowells Portfolio

You can ask them to assess a breakdown of your income and expenditure and request that any payments made will need to be made at a reasonable amount taking into consideration you financial commitments outgoings etc. Any payments need to be made out of disposable income after you have shown what money you have spare to do this.

I think that communication is the key to this situation. I suggest writing to them and asking about the above.

[theGobbyOne]

Re: Gobby v Lowells Portfolio

You can ask them to assess a breakdown of your income and expenditure and request that any payments made will need to be made at a reasonable amount taking into consideration you financial commitments outgoings etc. Any payments need to be made out of disposable income after you have shown what money you have spare to do this.

I think that communication is the key to this situation. I suggest writing to them and asking about the above.

Mind you the quicker I pay them the quicker its another debt gone:tinysmile_tongue_t:

[enaid]

Re: Gobby v Lowells Portfolio

What a shame gobby , but I can understand why you did it in haste and secret. Enaid x

[ByTheWay]

Re: Gobby v Lowells Portfolio

Hi Gobby, sorry to hear you have been Lowelled. Statute barred debts are their speciality and I did exactly the same as you and paid them monthly, without question after getting threatening letters form them. I have been dealing with them for nearly 2 years now and I find them a nasty bunch. They have mostly ignored my correspondance so if you do decide to write to them to reduce your payments be aware they may not be very forthcoming with a positive reply They have also threatened me with court almost constantly in the past year but don't ever follow it through. IMHO they are the lowest of the low, one of the worst DCA's around!
I hope you manage to pay them off and get them out of your life. Best wishes, BTW

[setmefree]

Re: Gobby v Lowells Portfolio

I'm sure you can still CCA them, that's if you haven't already paid it off.. and if they dont come up with the agreement within the time limit, you can withhold payment until they do.

lowells, Hamptons +Red Debt collections are all the same company...Red Debt are borderlining on being legal with their Bankruptcy threats..

[theGobbyOne]

Re: Gobby v Lowells Portfolio

I'm sure you can still CCA them, that's if you haven't already paid it off.. and if they dont come up with the agreement within the time limit, you can withhold payment until they do.

lowells, Hamptons +Red Debt collections are all the same company...Red Debt are borderlining on being legal with their Bankruptcy threats..

Could you please explain that in simple english for me setmefree............Cheers
Am not the brightest bulb in the pack............pmsl

[setmefree]

Re: Gobby v Lowells Portfolio

Could you please explain that in simple english for me setmefree............Cheers
Am not the brightest bulb in the pack............pmsl

If you Haven't paid it all off then why not apply for a CCA request(a true copy of the original credit agreement) if they can't supply it then the debt is in dispute and they can't demand payment.

[setmefree]

Re: Gobby v Lowells Portfolio

Or in other words


I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Request for information under the Consumer Credit Act 1974

To Whom it may concern,

Ref Number
As per sections 77-79 of the above act, I hereby request a True Copy of the Original Executed Agreement for the above account number.

It is my understanding that:-

* By law, you must comply with this request within 12 working days of having received it. I am sending this letter recorded Delivery.
* The statutory fee of £1 is required to be paid for this information, and I have enclosed a £1 Postal Order.
* In responding to my request to supply a True Copy of the Original Executed Agreement, you must also provide any and all documents referred to in it. Where this may include Terms and Conditions as varied, I hereby specifically request a True Copy of all the inception Terms and Conditions which form the original agreement, and all variations to them since. I support this request with County Court Pre-Action Protocol 4.6 ( c ) .
* Should you fail to comply with this request in any part, or exceed the prescribed time allowed to respond, you shall be in default of this act and legal request.
* Whilst you are in default, and until such time as you fully comply, -you may not pursue, enforce or increase any alleged indebtedness, nor disclose any information regarding me to any third party what-so-ever.
* If you fail to fully comply with this act and request for 12 working days plus one calendar month, you will have committed an offence under the act.

If you are unable to supply a True Copy of the Original Executed Agreement and all documents therein (and specifically the inception Terms and Conditions), I would be grateful if you would confirm this in your response within the 12 working days allowed.


Yours faithfully