Hello all I was wanting some help with debt collectors

[Cooper2014]

A company called Lowell have sent me a letter with a threat to give me a ccj for a debt to 3mobile which I can't even remember they are asking for nearly £800 and when I cancelled the contract back over 5years ago the outstanding was £100?

i would also like some help with another collector with a debt I got when I signed up with skillscentre for a electrical course which I cancelled with them back in 2008 which was originally for £5000 and now Cabot collectors have sent it to a company called wright hassall the dept is due to come of my file on 12 July 2014 and this is the first I have heard in over a few years from the company..and now wright hassal are saying they are going to take me through bankruptcy when both loans are unsecured and now I have been paying my bills and had a mortgage since and I am worried I will lose my house


i am hoping someone can give me some advice thanks again

[FlamingParrot]

Re: Hello all I was wanting some help with debt collectors

Hi and welcome to LB!

A company called Lowell have sent me a letter with a threat to give me a ccj for a debt to 3mobile which I can't even remember they are asking for nearly £800 and when I cancelled the contract back over 5years ago the outstanding was £100?

Could it have been 6 years by now? In which case, it would be statute barred. You could send Lowell the following letter, forcing them to show their hand:

Dear Sirs

Ref: xxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to 3Mobile. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

Yours faithfully,

As mobile contracts do not fall under the CCA, you can't send a CCA request, however, the letter above asks for evidence of the debt. :thumb:

Ball's in their court now.

[FlamingParrot]

Re: Hello all I was wanting some help with debt collectors

i would also like some help with another collector with a debt I got when I signed up with skillscentre for a electrical course which I cancelled with them back in 2008 which was originally for £5000 and now Cabot collectors have sent it to a company called wright hassall the dept is due to come of my file on 12 July 2014

Can you tell us a bit more? How much are Cabot asking for? At which stage did you cancel the course? How much are you supposed to owe for this according to your recollection/records?

and this is the first I have heard in over a few years from the company..and now wright hassal are saying they are going to take me through bankruptcy when both loans are unsecured and now I have been paying my bills and had a mortgage since and I am worried I will lose my house

Bankruptcy does not relate to secured loans, a petition can be issued for any debt over £750. However, there is a process to be followed, starting with the issue of a statutory demand. Celestine, the site owner, specialises in setting them aside. :yo:

Would be useful if you told us more about this debt and also if you could scan or take a picture of the letter, remove your personal details and post it up here. :typing:

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

Hello Lowell portfolio ltd according to credit experian defaulted 16.01.2010 but I cancelled my contract before then with 3mobile and Lowell took it on but there first statement on credit experian was for £339 on that date,and now there letter says I owe 754.07p saying as you have failed to make repayments on the above accout we have now issued a litigation proceedings in the county court,you will receive the letter in 48hrs direct from the court the claim form will show addition adding a,it also says I can telephone them to discuss the matter,then it says if judgement is made against me it will be on file for six years,this letter is from Bryan carterolicitors

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

Cabot are now asking me for 7,866,04 and says original vendor Clydesdale,I sent the letters back when the paperwork was getting processed I lost my job at the time I have all the document letters I sent to the skills centre who took the loan out with Barclays on my behalf I got sent out some electrical books which I returned and did not attend one day of the course I have read a lot of reviews about skill centre going bust and no one getting to complete courses and been left with debts the same as myself,the course was 5,000 I have the agreement still in a file I kept,this debt went to Barclays and I was speaking to skills centre to cancel then before it went to Cabot it went through several other collectors and I have not heard anything for a few years now,it has crushed my credit score and I am no longer to get credit and for nearly six years on july 21 2008 it defaulted

there letter in capitals says
bankruptcy warning: it is very important that you read and understand the contents of this document.

desipite previous attempts to contact you your balance remains outstanding,and is now long overdue.

Our client has instructed us to review your case with a view to serving you with abankruptcy petition and obtaining a bankruptcy order against you,this will mean you are declared bankrupt which will have rolling implications. All assets will go to a trustee you won't get any credit etc etc,

if we issues a bankruptcy petition you will be contacted by our process server who will serve the statutory demand and petition personally,if for any reason the process server is unable to to effect service,we will apply to the court for substituted service.this means we will be authorised to effect service via an alternative method as via post or email,

this has scared me as at the time I had a mortgage and only just managed to keep my house with sometimes months of missed payments,but now I am finally back on my feet with all payments upto date they send this so I am scared to loose my family home which I have had since before this date,the loan was not secured either...

Sorry I did not scan I did not know how new on here

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

Cabot are now asking me for 7,866,04 and says original vendor Clydesdale,I sent the letters back when the paperwork was getting processed I lost my job at the time I have all the document letters I sent to the skills centre who took the loan out with Barclays on my behalf I got sent out some electrical books which I returned and did not attend one day of the course I have read a lot of reviews about skill centre going bust and no one getting to complete courses and been left with debts the same as myself,the course was 5,000 I have the agreement still in a file I kept,this debt went to Barclays and I was speaking to skills centre to cancel then before it went to Cabot it went through several other collectors and I have not heard anything for a few years now,it has crushed my credit score and I am no longer to get credit and for nearly six years on july 21 2008 it defaulted

there letter in capitals says
bankruptcy warning: it is very important that you read and understand the contents of this document.

desipite previous attempts to contact you your balance remains outstanding,and is now long overdue.

Our client has instructed us to review your case with a view to serving you with abankruptcy petition and obtaining a bankruptcy order against you,this will mean you are declared bankrupt which will have rolling implications. All assets will go to a trustee you won't get any credit etc etc,

if we issues a bankruptcy petition you will be contacted by our process server who will serve the statutory demand and petition personally,if for any reason the process server is unable to to effect service,we will apply to the court for substituted service.this means we will be authorised to effect service via an alternative method as via post or email,

this has scared me as at the time I had a mortgage and only just managed to keep my house with sometimes months of missed payments,but now I am finally back on my feet with all payments upto date they send this so I am scared to loose my family home which I have had since before this date,the loan was not secured either...

Sorry I did not scan I did not know how new on here


the company was wright hassall who sent this letter?.

[FlamingParrot]

Re: Hello all I was wanting some help with debt collectors

Hello Lowell portfolio ltd according to credit experian defaulted 16.01.2010 but I cancelled my contract before then with 3mobile and Lowell took it on but there first statement on credit experian was for £339 on that date,and now there letter says I owe 754.07p saying as you have failed to make repayments on the above accout we have now issued a litigation proceedings in the county court,you will receive the letter in 48hrs direct from the court the claim form will show addition adding a,it also says I can telephone them to discuss the matter,then it says if judgement is made against me it will be on file for six years,this letter is from Bryan carterolicitors

That changes things. When did you receive the letter? Have you received a claim in the post yet? From what I have seen, these letters, when sent by BC, are not a threat, they *do* issue claims without giving you the opportunity to respond to their letter. Don't phone them. If you do receive a claim, post it up here. :typing:

Do take a look around the forums, there are DOZENS of claims from Lowell using BC as solicitors.

[wales01man]

Re: Hello all I was wanting some help with debt collectors

Looks like Lowells find out that an alleged debtor has assets and uses the SD threat little wonder they have not come after me . I got nothing now

[FlamingParrot]

Re: Hello all I was wanting some help with debt collectors

I have read a lot of reviews about skill centre going bust and no one getting to complete courses and been left with debts the same as myself,the course was 5,000 I have the agreement still in a file I kept,this debt went to Barclays and I was speaking to skills centre to cancel then before it went to Cabot it went through several other collectors and I have not heard anything for a few years now,it has crushed my credit score and I am no longer to get credit and for nearly six years on july 21 2008 it defaulted

I recall there being a thread here about those courses, I'll try to dig it up tomorrow.

there letter in capitals says
bankruptcy warning: it is very important that you read and understand the contents of this document.

desipite previous attempts to contact you your balance remains outstanding,and is now long overdue.

Our client has instructed us to review your case with a view to serving you with abankruptcy petition and obtaining a bankruptcy order against you,this will mean you are declared bankrupt which will have rolling implications. All assets will go to a trustee you won't get any credit etc etc,

if we issues a bankruptcy petition you will be contacted by our process server who will serve the statutory demand and petition personally,

The above goes totally against the OFT debt collection guidance. :mad2: :mad2: :mad2: The can't issue a bankruptcy petition without serving you with a statuory demand first. They do mention the SD but only in passing, and giving the impression that the demand and petition would be served together. That's not the case, if you got a SD you'd have 18 days in which to apply for set-aside, they'd have to wait for at least 21 days before issuing a petition.

if for any reason the process server is unable to to effect service,we will apply to the court for substituted service.this means we will be authorised to effect service via an alternative method as via post or email,

That goes to show their ignorance of the rules, email is not to be used in insolvency proceedings: http://www.justice.gov.uk/courts/email-guidance

What you cannot file by email

• A party, save for public law proceedings issued by a Local Authority, must not use email to take any step in a claim which requires a fee to be paid. If a party sends a document by email for which a fee is payable upon filing, the document will be treated as not having been filed.
• Anything in Insolvency or Adoption proceedings

this has scared me as at the time I had a mortgage and only just managed to keep my house with sometimes months of missed payments,but now I am finally back on my feet with all payments upto date they send this so I am scared to loose my family home which I have had since before this date,the loan was not secured either...

Sorry I did not scan I did not know how new on here.

You may want to look at this thread regarding how to scan and post documents: http://www.legalbeagles.info/forums/...tails-safe!%29

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

I was sent this letter on 15-01-14
i am using a ipad to get on here...how would I upload from that?

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

This is the only letter I have received from them at the moment,so I don't know what to do with both from now? This one is set to be six years old in July this year....?

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

I have received a blue court letter now from Northampton court
instructing of them taking me through a ccj

[FlamingParrot]

Re: Hello all I was wanting some help with debt collectors

I have received a blue court letter now from Northampton court
instructing of them taking me through a ccj

For the moment, you have to acknowledge service (you can do it online following the instructions to log in) and state your intention to defend in full. That should give you a total of 28 days from date of service (today) to put in a defence. :typing:

As this is for a mobile contract, you can't really send a CCA request for this account.

Have you got any grounds to dispute this debt? Was it for actual usage or early cancellation charges?

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

The dispute originally was with over charging on a tariff so I cancelled my contract,and they said I owed £150 at the time I was younger so I just moved to a different contract with another phone company,on credit experian it says started in 2008 but Lowell default 2010?

[Cooper2014]

Re: Hello all I was wanting some help with debt collectors

I don't get what sd is?