Gah! Flipping Lowells!!!

[Hopeless]

If this firm could disappear off the face of the earth, I don't think that any of us would lose any sleep - in fact, maybe a few of us would get more sleep!

Ok... So, very long story short:

• Lots of financial difficulties 2008-2010
• Lots of harassing phone calls from Lowells for several debts in our names
• Last year we had a notification that Lowells were going to take us to court
• Got in touch with an amazing solicitor, who managed to get it set aside, picked a million flaws in their cases and started negotiations for us to do a full and final settlement, so that they will go away and never come back
• Solicitor went on maternity leave, another solicitor took over and... wasn't as good or approachable as the original one (being diplomatic)
• We paid up our side of the settlement
• The original debts all came off our credit files, as they became time barred
• We've just received letters from Lowells demanding £2400 and £147!
• Hubby tried to contact solicitor a while ago regarding demanding letters received previously, but was told that he 'couldn't stop them from chasing us again, as the agreement didn't bar them from trying again' - that's not what the original solicitor said! He also said that if he was to take up our case again

So my question is - should I just ignore the letters from Lowells and get on with my life (as it's time barred, there won't be anything that can do about it - is there?), or should I chase the solicitor and risk being charged a hefty fee in order for them to sort it out for us?

Many thanks

[charitynjw]

Re: Gah! Flipping Lowells!!!

Hi Hopeless.

More info is needed.

Is this for debts already sorted out by your previous solicitor, or for 'new' one(s)?

What kind are they? (credit cards, loans, bank a/c, utility bills etc)

Were all the 'old' ones sorted out, & what method of payment?

If they are chasing more than one, it could get a mite complicated on one thread.

[Hopeless]

Re: Gah! Flipping Lowells!!!

Hi Charity,
Thank you so much for taking time to reply.
The debts were for bank overdrafts, credit cards and a store card.
Now I've had chance to think, I've remembered that the original solicitor discredited the majority of the cases (mostly because they'd not followed proper procedure and also because they couldn't produce any signed agreements), so they agreed to drop all of the cases and not pursue them any further, or sell them onto a 3rd party, as long as they didn't have to pay our legal fees. During this time the original solicitor went on maternity leave. We've since paid off these solicitors fees.

They sent me an 'annual statement' with a balance of £2400.26 for a credit card (which, if memory serves me right - they couldn't produce paperwork for and this is about 2 times the amount of the credit limit - they plucked a figure out of thin air!). They have also sent a letter to hubby for a bank overdraft on a joint account (which the original solicitor said that they couldn't chase, as the account was in joint names, but they only served me - but they should have served us both).

None of these debts are on our credit files any longer. surely they can't do anything beyond sending letters...

[nemesis45]

Re: Gah! Flipping Lowells!!!

Hi Charity,
Thank you so much for taking time to reply.
The debts were for bank overdrafts, credit cards and a store card.
Now I've had chance to think, I've remembered that the original solicitor discredited the majority of the cases (mostly because they'd not followed proper procedure and also because they couldn't produce any signed agreements), so they agreed to drop all of the cases and not pursue them any further, or sell them onto a 3rd party, as long as they didn't have to pay our legal fees. During this time the original solicitor went on maternity leave. We've since paid off these solicitors fees.

They sent me an 'annual statement' with a balance of £2400.26 for a credit card (which, if memory serves me right - they couldn't produce paperwork for and this is about 2 times the amount of the credit limit - they plucked a figure out of thin air!). They have also sent a letter to hubby for a bank overdraft on a joint account (which the original solicitor said that they couldn't chase, as the account was in joint names, but they only served me - but they should have served us both).

None of these debts are on our credit files any longer. surely they can't do anything beyond sending letters...

There is nothing ( in England & Wales) to prevent a statute barred debt being pursued by any means other than court action.

However if a debtor informs a " creditor" in writing that a debt is statute barred and the will not therefore be making payment.
The Creditor must cease collection activity continuing to press for payment ( of a statute barred debt) once the creditor has been
so informed may amount to harassment.

nem

[NWHC]

Re: Gah! Flipping Lowells!!!

Maybe I have misread but if these debts were from sometime between 2008-2010 they may not be statute barred in addition wouldn't the start of a claim have stopped that.

If however you have written notice from Lowell that they are discontinuing the claim I would be sending a complaint to lowells enclosing a copy of their previous communication . Remind them that this is a complaint and that they have 56 days to respond or you will take it to the FOS which is a bit of a ball ache but here you go

[bezbo13]

Re: Gah! Flipping Lowells!!!

Hi. Sorry to jump on your thread but
I've just received letters from Lowell and Hoist portfolio in relation to credit card beds going back around 5 years. There's balances of around £1200 on each. Letter is asking me to make contact but when I did they were rude and pushy. I'd be grateful for any advice on how to deal with these people. One debt is due to be off my credit file 1/17 and the other 5/18. Should I offer to pay a small amount each month to avoid CCJ'S or will this reset the date for it being statue barred? No payments have been made for about 4 years as per my credit file.
I dont want to risk a CCJ as im trying to imprive my credit. I'm really stressed out and am loosing sleep with worry. Thanks in advance.

[charitynjw]

Re: Gah! Flipping Lowells!!!

Hi. Sorry to jump on your thread but
I've just received letters from Lowell and Hoist portfolio in relation to credit card beds going back around 5 years. There's balances of around £1200 on each. Letter is asking me to make contact but when I did they were rude and pushy. I'd be grateful for any advice on how to deal with these people. One debt is due to be off my credit file 1/17 and the other 5/18. Should I offer to pay a small amount each month to avoid CCJ'S or will this reset the date for it being statue barred? No payments have been made for about 4 years as per my credit file.
I dont want to risk a CCJ as im trying to imprive my credit. I'm really stressed out and am loosing sleep with worry. Thanks in advance.

Hi bezbo 13

See your other threads.

c

[charitynjw]

Re: Gah! Flipping Lowells!!!

Maybe I have misread but if these debts were from sometime between 2008-2010 they may not be statute barred
So we need to find exact dates

in addition wouldn't the start of a claim have stopped that.
No - it 'freezes' SB

If however you have written notice from Lowell that they are discontinuing the claim I would be sending a complaint to lowells enclosing a copy of their previous communication . Remind them that this is a complaint and that they have 56 days to respond or you will take it to the FOS which is a bit of a ball ache but here you go
I would do this as well as sending new CCA/CPR requests.

#####

[Hopeless]

Re: Gah! Flipping Lowells!!!

Just spoke to the 'new' solicitor (who was actually very friendly and incredibly helpful - maybe hubby caught him on a bad day previously), who confirmed that the matter was all dealt with and suggested that we write to them to tell them to go back to their solicitors BW Legal and henceforth 'go forth and multiply, using jerky movements'! lol.

The temptation was to ignore them, but sending a letter to remind them that they're on the road to nowhere feels like a much better option.

[nemesis45]

Re: Gah! Flipping Lowells!!!

Just spoke to the 'new' solicitor (who was actually very friendly and incredibly helpful - maybe hubby caught him on a bad day previously), who confirmed that the matter was all dealt with and suggested that we write to them to tell them to go back to their solicitors BW Legal and henceforth 'go forth and multiply, using jerky movements'! lol.



The temptation was to ignore them, but sending a letter to remind them that they're on the road to nowhere feels like a much better option.

I agree tell Lowell to cease and desist from further contact immediately and they must confirm that they have closed the file.

nem

[NWHC]

Re: Gah! Flipping Lowells!!!

Hi Hopeless

Did you write to Lowell

BTW Thanks to charity for confirming what I thought

[Hopeless]

Re: Gah! Flipping Lowells!!!

Hi NWHC
Yes, I wrote to them, but haven't heard anything back yet. Maybe they're trying to work out the hidden message I wrote at the bottom of the page in the lightest possible grey colour (no, you couldnt see it clearly. Yes, there were a few choice swear words included. Yes, I know it's juvenile. Yes, it made me feel loads better)

[Hopeless]

Re: Gah! Flipping Lowells!!!

Update:

Sigh.... Lowell's are officially on my last nerve. They're like Japanese Knotweed - It doesn't matter what you do, they just won't go away!

Since I sent my last letter they have come back to us, telling us that they haven't "received any notification off BW Legal to advise that the accounts have been settled. In order to investigate the matter, we ask that you contact us using the details below with full details and a copy of any supporting documentation". Are they serious?!! Because THEIR solicitor (which is just another part of their viper's nest of Evil Incorporated) hasn't supplied them with details, they want ME to do their donkey work!?? Seriously?! God,I loathe Lowells.

They have also stated that we had made payments in 2011 on the accounts, (which I have no recollection of) but each of the accounts that they are chasing are no longer on our credit files. Does these accounts no longer being on our files mean that they are statute barred? Or because we allegedly made payments, are they still enforceable?

I've been incredibly busy and haven't bothered to reply to their letter (as I can't be sure that I would be able to refrain from lacing it with profanities!) They've started harrassing us again, with phone messages, texts and letters and I suppose I should reply.

Can anyone please advise me on what my next step should be? I've contacted my solicitor, but as they'd settled this case on a 'hands off' basis (meaning that Lowell's and BW Legal would drop all of the accounts and no longer bother us), back in November 14, the files have been archived and will cost us a minimum of £750 to blow the dust off and start fighting again, which I'm obviously not keen to do.

Any advice, please?

[Amethyst]

Re: Gah! Flipping Lowells!!!

Do you mean a 'drop hands' agreement? Was that on the stat demand or on everything ?

Is there anything in writing ? There must be something - am sure the solicitors can get it out the file.

so they agreed to drop all of the cases and not pursue them any further, or sell them onto a 3rd party, as long as they didn't have to pay our legal fees

I can't imagine a call to BW Legal to check what the agreement was and to ask them to inform Lowell of it would hurt.


[MENTION=2]Celestine[/MENTION]
[MENTION=551]pt2537[/MENTION]

[Hopeless]

Re: Gah! Flipping Lowells!!!

Do you mean a 'drop hands' agreement? Was that on the stat demand or on everything ?

Is there anything in writing ? There must be something - am sure the solicitors can get it out the file.


I can't imagine a call to BW Legal to check what the agreement was and to ask them to inform Lowell of it would hurt.


@Celestine
@pt2537

Hey Amethyst, thank you so much for taking the time to reply.

Yes, I meant "Drop Hands" - sorry, I got my terms mixed up. Originally they tried to take us to court, but our solicitor got the case set aside and the deal was that they would drop ALL of the accounts in the portfolios if we agreed to pay our own legal costs. Initially we received this information over the phone with our solicitor and then a letter to say that the matter was settled on a "drop hands" basis. I have a copy of this and will send them a redacted version (as it also contains the details of the invoice and payment terms between us and our solicitor.