Lowell / Barclaycard

[jet83]

Re: Lowell / Barclaycard

They sound desperate. And it sounds like it could be unenforceable in some way. You could use Section 3, Protection from Harassment Act 1997 to curb the phone calls and the threats and Ferguson -v- British Gas Trading 2009 could come in very handy, too. I don't think Lowells would like to risk having to pay more than any alleged debt is worth in damages and costs and have a court injunction and judgement against them for harassment.

Alternatively, you could report Lowells to your local Trading Standards Department and the OFT's Credit Fitness Team by email at enquiries@oft.gsi.gov.uk. Make sure you put the words CREDIT FITNESS in the subject box of your email. The information you need to provide about Lowells is their registered name which is Lowell Group and their Company Registration Number (CRN) which is 06527689. If Lowells have peed the OFT off or the OFT have received a number of complaints about Lowells, this can have an effect on the renewal of their licence under the Consumer Credit Act 1974-2006. In some cases, it can result in a licence being revoked. In the case of a company like Lowells, this would be disastrous. They would not be able to handle any debts at all.

I am attaching a copy of the OFT's Debt Collection Guidelines which you should read through and identify any breaches of the Guidelines that have occurred in your case and quote them in your email to the OFT's Credit Fitness Team.

Thank you very much bluebottle for the advice and links you have provided. If I can help make these so and so's bullying antics more difficult to inflict on people especially the more vulnerable in society then great

Jet

[jet83]

Re: Lowell / Barclaycard

Hi all just an update, after sending a complaint to the OFT as suggested by bluebottle I received another letter from Lowell Financial on Thursday. basically it states they have written to me severall times about the money they say I owe them but have not paid or set up a payment plan and that I should call them straight away!!

It then basically says if I do not pay them they will pass the account to Red Debt Collection Services and that they will obtain a copy of my credit file from a CRA and use the info to determine what options are available to recover what i owe, for example they could use litigation and if legal action is taken against me I could end up in court having to pay not only what I owe, but legal costs and interes aswell.

Lots of if's and could's in this letter, what should I do ignore it and see what happens or should I reply in some way?

cheers, jet

[Guest]

Re: Lowell / Barclaycard

So your really in the same position, as long as you keep replying they will keep sending, in my opinion unless you intend making a repayment arrangement the only letter worth responding to is the N1, anything else should be filed in the bin.

D

[jet83]

Re: Lowell / Barclaycard

Ok thanks D the last letter I sent was the formal complaint which was back in February, they're persistent I'll give em that!!!

[jet83]

Re: Lowell / Barclaycard

Hi, Today I've received yet another letter from Lowell's, the last two paragraphs do seem to read of a bit of desperation but having read through a fair few different threads regarding Lowell's they do seem to hand out Statuary Demands like hot cakes! The letter is as follows.

Dear Mr jet

Our next steps
We have tried on numerous occasions to help you find a way to repay what you owe and in previous correspondence we told you we would send your account to Red debt Collection Service - our collection agency. They will assess your account, your credit file and your financial commitments with a view of making recommendations to recover the outstanding balance which could include legal action or issuing a statutory demand which if remains unpaid could result in us petitioning the court for your bankruptcy, if the amount you owe is more than £750.

This is the last time we (Lowell Financial) will write to you before passing your account to Red Debt Collection Services. Your outstanding balance is not going to go away.

It's not too late - Make us an offer!
We want to help. We are willing to accept any payment arrangement offer that you can realistically afford, taking into consideration your financial circumstances, to repay the outstanding balance. The repayment can be weekly or monthly, whatever suits you best. When your balance is cleared, we will update the Credit Reference Agencies to reflect this on your credit file.

Please call us today to discuss an affordable payment plan or visit our website and you can either pay off your balance by debit card or set up a monthly, affordable Direct Debit

[wales01man]

Re: Lowell / Barclaycard

We got a file of these type of threatograms from various DCAs same threats same debt over the course of 3 years never acknowledged them or the debt seems to be a merry go round without stopping if we thought they meant to go for bankrupcy we would say go ahead have said to DCAs years ago carryout your threat guess what?
not made bankrupt not CCJed no more letters the debt collection industry is like a poor comedy show

[jet83]

Re: Lowell / Barclaycard

Hi wales01man thanks for that, yes it does look like a threatogram but I'm always a bit wary as you never know what dca's might try :tinysmile_hmm_t2:

[bluebottle]

Re: Lowell / Barclaycard

Lowells know full well that the OFT Credit Fitness Team take a very serious view of them and other DCAs throwing Statutory Demands around like confetti. It is also referred to in OFT Debt Collection Guidelines, which form part of the conditions of a Category F Debt Collection Licence, which Lowells hold.

If you have not already done so - and in view of the fact that enforceability appears to be in doubt - I would get a complaint off to the OFT Credit Fitness Team making it clear that Lowells have been threatening the use of Statutory Demands. OFT will not take kindly to hearing that, but that is Lowells' problem, not yours.

[jet83]

Re: Lowell / Barclaycard

Ok thanks bluebottle much appreciated. I don't meean to be pain in the ass keep posting on here when I've had yet another letter from Lowell's its just I don't want take any chances with these lot. Thanks again :tinysmile_grin_t:

[bluebottle]

Re: Lowell / Barclaycard

Ok thanks bluebottle much appreciated. I don't meean to be pain in the ass keep posting on here when I've had yet another letter from Lowell's its just I don't want take any chances with these lot. Thanks again :tinysmile_grin_t:

You're not a pain in the arse posting on Legal Beagles about a scumbag DCA. If Lowells want to behave like idiots, that's their lookout. Get a complaint off to the OFT Credit Fitness Team tonight. Follow that up with a complaint to Trading Standards tomorrow morning.

[jet83]

Re: Lowell / Barclaycard

Hi all, just to update I followed bluebottle's advice and sent a complaint to the credit fitness team at the OFT regarading Lowell's actions. They basically thanked me for updating the complaint and would take into account the further information I had provided and would continue to monitor the traders fitness to hold a credit licence.

I also sent Lowell's a letter, informing them that I had made complaints against them to the OFT regarding their actions and that the onus was them to provide proof of my liability of the debt, which I do not recognise. Their response was to send me a letter saying that they had put the account on hold and that they had resquested a copy of the original credit agreement from barclaycard.

Then this week about 6 weeks later from their previous correspondence they kindly supplied a copy of statement and were currently waiting to hear from barclaycard in respect of the copy of the agreement. They also advised after barclaycard removed the account from their file systems, interest was applied to the account which would not be shown on the statement provided and that the barclaycard confirmed that the outstanding balance was correct after interest had been added.

I guess now I'll just have to wait for god knows how long waiting in anticipation at what next I'll receive from Lowell's

[teaboy2]

Re: Lowell / Barclaycard

"This is the last time we (Lowell Financial) will write to you before passing your account to Red Debt Collection Services. Your outstanding balance is not going to go away."

I'd be inclined to say, go ahead pass it to the grease moneky on the desk next to yours. As thats all red debt collections are, they are the next desk along in the same office and the same old merry go round will simply just start over again. Then request them to send you legally certified true copy of the original credit agreement. Making it clear that you request this as Barclay card remain in default of your request under section 77/78 of the consumer credit act 1974, therefore no prove has been given to prove the debt is owed by you and as a result of them being in default of your cca request then debt remains unenforcable.

Also point out the a request for a legally cartified true copy of the original credit agreement is just that and is not a request under section 77/78. Also you require them under the Consumer Protection unfair trading regulations to confirm YES or NO whether they or the original creditor have in their possession a true copy of the original signed consumer credit agreement complete with original terms and any copies or admended terms. Stating that a true copy of the signed agreement is just that a true copy signed by both debtor and creditor complete with debtor/creditor details and all perscribed terms, it is not a microfliche, and it is not a reconstituted copy nor is it an application form for credit.

State that is they fail to comply with your above request within 14 days then they are now under formal legal notice to cease and desist. This means they are to cease all collection activities and communication with yourself, cease and remove all recordings of notes and Defaults on your credit file (as if they were never their) otherwise you will deem them as libellous and hold them liable. It also means they are to stop processing your data and delete all data they hold for you and this alleged account. They are also not permitted to pass or sell the account or your data on to anyother 3rd party full stop. If they fail to comply with this formal notice then the will deemed to liable for harassment and the distress their actions have caused you and may face legal proceedings.

They Soon backed off when they were chasing me for unsolicited mobile phone that was sent to me, which as per my right under distance selling regulations i treated it as an unconditional gift (therefore they could not hold me to a contract i never even agreed to), where they were trying to enforce termination fees and usage charges. Although in my case i request legally certified copy of the contract and legally certifield copies of my unenqivical written or verbal communication of acceptance of the contract. And since they kept saying entering the sim card was deemed acceptance of the contract, even though i sold the phone and never inserted the sim card myself, as that was the person whom bought the phone from that that did that. I also, funnily enough, for legally certified proof that my either my left and or right hand pyhsically entered the sim card at the time they alleged and neither hand was preoccupied in with shaking the generals helmet!

Save to say i not heard anything from them again and the default has been removed from my file.

[Roy Clayton]

Re: Lowell / Barclaycard

Hi all

I was recently in court with Stephen Hunter of Lowell Portfolio. He said to the Judge that Lowell own 8 million accounts and have had 4 complaints with Consumer Direct. BBC Watchdog January 2009 got more than a 100 so go an figure. My mistake is that I have tried to deal with these people like human beings but they are just a cash machine. After 3 years of harrassment Mr Hunter turned up in court without any knowledge of my dispute with the original creditor and having stated they had investigated my concerns and the money was still owed.

Can we not get 100,000 signatures on a petition to get the government to look into these legitim ha ha ate business people???? Fact is they buy floppy discs with acount numbers and dont care whether its owed. OFT are taking an interest but a bit slow in taking action.

[winner12]

Re: Lowell / Barclaycard

Hi Roy Clayton
I think you are so right with your statement above and unless you can tie them up in knots for 6 years once starting a dispute they will harass you all the way .Can I ask did you start court proceedings or was it Lowel

[Roy Clayton]

Re: Lowell / Barclaycard

It was me that forced their arm. They rely on extorting money under threat of damage to peoples credit ratings. Most people pay up rather than take the risk. Commercial litigation specialists are expensive to employ. I invited 3 mobile to take legal action in January 2007 and they would not because Ofcom had ruled their terms and conditions unfair. See Ofcom CW00888/01/06. I kept telling Lowell to put up or shut up until eventually Trading Standards told them they should drop it or go to court. As soon as they filed their claim in Northampton I stuck in my counterclaim. I thought I could get all my information and sue the pants off them. I did not bank on the courts messing up and me having to appeal to get the decision set aside or the courts not imposing sanctions for Lowell failing to comply with CPR. I think they have made themselves look guilty by deleting all my information from the Data Protection Act request for the whole year where they claim to have issued the Notice of Assignment. Why would you do this when there is impending court action unless you have lied throughout. The courts are trying to put things right, they waived the appeal fee, the transcript fee, refunded my hearing fee and apologised for the mistakes.