Lowell - Very Scared - Please Help

[Guest]

Re: Lowell - Very Scared - Please Help

HI

Alternative views are welcome on here as i understand it. Lets not discourage imput from new comers just because we may not agree with what they say. Dissagree by all means but lets not rubbish or bully, leave that to other forums.
None of us on here are profesionally qualified, all advice has equal value it is up to the OP to decide which to accept.

Peter

[CleverClogs]

Re: Lowell - Very Scared - Please Help

The CAB & the CCCS are for people who havent got a clue what their real rights are.

Both of those do have their uses.

CCCS - an acronym which always reminds me of the CCCP and which hence makes me wonder if they still run the KGB - may be useful to set up DMPs and to persuade creditors to back off and/or freeze interest.

Some branches of the CAB are better than others - I have heard of one where an adviser told a member of the public to give in to the demands from RLP - but some of their advisers seem to be competent. Moreover, the national body of CABs can lodge "super complaints" with the Office of Faffing and Twaddling. It remains unlikely that the OFT would ever do anything effective, but the complaints from the CAB do give one some slender hope of change.

[ncf355]

Re: Lowell - Very Scared - Please Help

I think you are getting confused between bank account overdraft charges and credit card charges - you CAN still claim credit card penalty charges

Though I would say that as you owe 5k, chances are you owe them somewhat more than they owe you, so probably best to keep away from that one

As the agreement was formed pre April 2007, the lack of a signed agreement with the prescribed terms prevents them enforcing the agreement in court via Section 127(3) of the Consumer Credit Act 1974


When was the last payment made on the card?

I return to my original advice - ignore them unless they attempt court action and if that happens come back here for advice

If you want to cover yourself totallly, send the following to them:



Dear Sir/Madam,

BARCLAYCARD ACCOUNT NUMBER xxxx

I DENY ANY DEBT TO THE ALLEGED ORIGINAL CREDITOR, YOU OR YOUR COMPANY

I write further to your recent communication regards the alleged debt owing on Barclaycard account number XXXXX

I would confirm that following a request for a copy of the original credit agreement relating to the alleged debt, Barclaycard were unable to supply a signed copy containing the prescribed terms of the Consumer Credit Act 1974.

I am sure you are aware that the lack of a signed agreement containing the prescribed terms of the CCA 1974 precludes enforcement at court for any agreement alleged to have taken place prior to April 2007 via Section 127(3).

Therefore, I have no intention of making any payment to yourself or any third party you may seek to employ in regard to this matter, and as you have no written agreement to hold my details, I require that you remove my data from your systems.

Should it be under your consideration to send any persons to my property in regard to this matter, I would hereby state that I withdraw any perceived common law right you or any third party engaged on your (or the original creditor's) behalf may have to enter my property and should such persons arrive on my property I reserve the right to call the police with regards to trespass.

For the avoidance of doubt,I make clear that it is my intention to enter into no further communication with you or any third party with regard this matter as the above makes my position prefectly clear.

Yours faithfully


(Print DONT sign your name!!)

Mr/Mrs X

[mr.ton]

Re: Lowell - Very Scared - Please Help

Both of those do have their uses.

About as much use as a broken umbrella on a wet day.
They only tell people what the system/government wants them to know.

[ncf355]

Re: Lowell - Very Scared - Please Help

About as much use as a broken umbrella on a wet day.
They only tell people what the system/government wants them to know.

I would have to say that's exactly my personal experience (of CAB, at least)

[Guest]

Re: Lowell - Very Scared - Please Help

HI
Yes it is true that CAB and other agencies advisers are constrained by the guidelines that the government produce. I suppose it could be argued that we (being the government in a democracy) have something to do with that, I can speak from experience when I say that there is a degree of frustration among certain advisors about what they actually can say to people in trouble.
Part of the problem is of course accountability, we can sit behind our keyboards on here and dole out “advice “with impunity, when you are doing the same thing face to face, knowing that whatever you say will be used against you (hah) especially if you get it wrong, does make you a little more circumspect in how adventurous your advice is, most take the safe option and use the guidelines issued by the regulators.
But you would be supprised at how many times that is all that is needed.
Peter

[ncf355]

Re: Lowell - Very Scared - Please Help

Fair comment Peter, it must be easier to give advice via the net and I do appreciate that lot of CAB volunteers do their best with hands tied

[basa48]

Re: Lowell - Very Scared - Please Help

I DENY ANY DEBT TO THE ALLEGED ORIGINAL CREDITOR, YOU OR YOUR COMPANY

[pedant mode]

TBH I am always a little uncomfortable denying a debt. It is so easy for the creditor to demonstrate that you did in fact borrow the money (statements etc.)

I much prefer to write "I DENY LIABILITY FOR ANY DEBT....etc"

[/pedant mode]

[ncf355]

Re: Lowell - Very Scared - Please Help

[pedant mode]

TBH I am always a little uncomfortable denying a debt. It is so easy for the creditor to demonstrate that you did in fact borrow the money (statements etc.)

I much prefer to write "I DENY LIABILITY FOR ANY DEBT....etc"

[/pedant mode]

Thats not being a pedant, seems like a very valid and worthy edit - will use that from now on!

The main aim is to cover them ytrying to say you are admitting it and restarting the clock on the limitations act

[mr.ton]

Re: Lowell - Very Scared - Please Help

I was having a problem with a water bill last year that i simply could not pay - so i went to the CAB for advice - i was already aware of the water trust fund beforehand but i still went to them & made appointments etc....went through all the in's & out's of my life/finances/outgoings etc.......to be told in the end that i need to make an application to the trust fund - so all that fuss for what i knew about already & to make it worse i got rejected by the trust fund anyway.
The CAB had no other answer as to how this water bill could be paid with money that did not exist to pay it with & what to do after the trust fund rejected me.
In the end i managed to haggle/convince United Utilities to accept £1 per month payment and thats what i've been paying ever since

[Trixibelle154]

Re: Lowell - Very Scared - Please Help

Lowells have BOUGHT the debt! They have NO LEGAL claim on you whatsover!

They are not the primary lender - the original lender has defaulted you and sold it on to Lowells who are nobodies!! They can't take you to Court, give you a CCJ or anything.. All they can do is write you threatening letters to scare you into paying them money.

They paid 10p per £1 of your debt and if they can collect anything else by menaces i.e. sending you threatening letters they will. Whilst this is not yet ILLEGAL behaviour, it is UNLAWFUL.

Here is an email I sent back to Lowells, when they emailed me last week. Seemed to work a treat and I definitely won't be hearing back from them!

---------------------------------------------------------------------------------------------------------------

A) You do not have permission to use this email address – this is therefore spam and it is illegal!

b) If you have bought any “alleged” debt from Barclaycard or anyone else, you have no legal right to pursue it!

This is the final communication you will receive from me.

If you email me, or send any further unwanted and unwarranted communication, your company will be taken to Court!

Now **** off!!!!

----------------------------------------------------------------------------------------------------------------------

Good luck!

:-)

[teaboy2]

Re: Lowell - Very Scared - Please Help

Lowells have BOUGHT the debt! They have NO LEGAL claim on you whatsover!

They are not the primary lender - the original lender has defaulted you and sold it on to Lowells who are nobodies!! They can't take you to Court, give you a CCJ or anything.. All they can do is write you threatening letters to scare you into paying them money.

It doesn't matter whether they were the original lender or not, once the debt has been legally assigned to lowells (Sold) they inherit all legal rights to collect the outstanding debt including an not limited to enforcing it in the courts and obtaining CCJ, hence why so many people have ended up with lowells and other DCA's getting CCJ's and/or a charge on their property.

I agree with your stance but i just find it totally irresponsible to openly give such poor advice on what a DCA can and cannot do when they have bought the debt.

They may not have responded to the OP's CCA request but that doesn't make the debt unenforcable as all they need to do is produce one in court and thats it, judgement given in lowell's favour and OP loses and faces whatever the judge feels like throwing at him/her.

[CleverClogs]

Re: Lowell - Very Scared - Please Help

I agree with your stance but i just find it totally irresponsible to openly give such poor advice on what a DCA can and cannot do when they have bought the debt.

I saw the twaddle posted by Trixibelle and decided that it was so manifestly mistaken that it was either meant as flame-bait or that the poster was trolling.

[teaboy2]

Re: Lowell - Very Scared - Please Help

I don't think trixie was trolling, but trying to help only to get it a bit wrong.

As for feeding trolls, well i like my battles with trolls, so if i do not feed them whos going to feed me? lol

By the way definition of Troll is DCA's

[CleverClogs]

Re: Lowell - Very Scared - Please Help

Lowells have BOUGHT the debt! They have NO LEGAL claim on you whatsover!

Wrong!

Lowells who are nobodies!! They can't take you to Court, give you a CCJ or anything.. All they can do is write you threatening letters to scare you into paying them money.

Wrong!

Whilst they cannot impose a CCJ by themselves, they can certainly try to enforce a debt through the courts.

They paid 10p per £1 of your debt and if they can collect anything else by menaces i.e. sending you threatening letters they will. Whilst this is not yet ILLEGAL behaviour, it is UNLAWFUL.

Wrong!

Here is an email I sent back to Lowells, when they emailed me last week. Seemed to work a treat and I definitely won't be hearing back from them!

Wrong!

You do not have permission to use this email address – this is therefore spam and it is illegal![/COLOR]

Wrong!

b) If you have bought any “alleged” debt from Barclaycard or anyone else, you have no legal right to pursue it!

Wrong!

Unless the debt is unenforceable due to some defect by the original lender, the assignee does have a right to pursue it.

This is the final communication you will receive from me.

Won't you even try to defend the court claim?

If you email me, or send any further unwanted and unwarranted communication, your company will be taken to Court!

That should be fun to watch. Do let us know when and where you'll do that.

Good luck!

You'll need it.