Well I never Lowell Portfolio

[USB125]

Re: Well I never Lowell Portfolio

Hi all, i too have been getting letters from lowell portfolio 1, in relation to 3 debts, one an old moby bill of a small amount and about 5 years old, one a finace arrangement that had its dd canceled without me realising, and the third an old catalogue bill that has somehow had a payement made on it to lowell(according to them) but not by me and the amount on it seems higher than i remember.
I have contacted them not addmited responsibility as for several years i was being treated by a doctor for a breakdown, but have told them a very limited amount i would only pay, thay have aggreed but i dont know if i should go through with it now, or just ignore them?

USB125

[FlamingParrot]

Re: Well I never Lowell Portfolio

Hi all, i too have been getting letters from lowell portfolio 1, in relation to 3 debts, one an old moby bill of a small amount and about 5 years old, one a finace arrangement that had its dd canceled without me realising, and the third an old catalogue bill that has somehow had a payement made on it to lowell(according to them) but not by me and the amount on it seems higher than i remember.
I have contacted them not addmited responsibility as for several years i was being treated by a doctor for a breakdown, but have told them a very limited amount i would only pay, thay have aggreed but i dont know if i should go through with it now, or just ignore them?

USB125

Sadly, by making a repayment offer, you have acknowledged debts that would otherwise be well on their way to becoming Statute Barred! :Cry::Cry::Cry:

You can still send Lowell a CCA request for two of your debts, excluding the mobile contract, which doesn't fall under the CCA and, unless you have a good reason to dispute, will probably have to repay.

With the other two, they may not be able to provide you with an enforceable agreement, so all is not lost. :thumb:

[FlamingParrot]

Re: Well I never Lowell Portfolio

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

You'll need one for each account (excluding mobile) but they can go in the same envelope.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[USB125]

Re: Well I never Lowell Portfolio

Thank you for the advice, its quite complicated but i was going through a spell of mental stress after experincing a breakdown, i was under my doctor and getting treatment for it, at that time without propper due care or attention i took out a catalogue and purchased a few items, i was also experiencing some personal agrevation against me so i had to leve where i was living and left all my current bills taken out then.
Since then 5 years have past and only recently after getting a new bank card to my current address, and taking out a small door to door loan, i have recently been contacted by Lowells about 3 outsatnding debts including the catalogue, this debt seems alot higher than what it was and has also had a payement made on it a few yaers back after i left and not by me or my knowing, i also had a managed finance aggreement for a bank loan and this had been going out my bank by dd for many many years well over 7 but due to a bank error that even the bank diddnt know about caused this dd to cancel without my knowledge as i do not get statements and do not do mobile banking so it was a complete supprise to me, the mobile bill was sorted as far as i knew as i canceled with a high street mobile phone store by phone and sent the device back to them while i was in disstress, i put it in the post to them and assumed it was all sorted, i did this less than 2 months after taking it out.

[USB125]

Re: Well I never Lowell Portfolio

Also taLking about not signing - i was told about something called The Four Squared Rule, basicaly if you put your name at the bottom in caps and put four corners around it, it can not be deemed by law as a signiture sort of like this [A BANK]