Lowell Debt Collection

[Mel77]

Hi,

I hope someone can help/advise on my current situation. I have an outstanding debt with Halifax Credit Card. I defaulted on this debt in 2007 when i was made redundant, i had managed to keep up the repayments for 6 months after i was made redundant using my redundancy money. When this money started to run out i signed on to Job Seekers Allowance and could not afford the repayments (i had never defaulted before this and as i earned a good salary i paid chunks off quite regularly). I then tried to claim on my Payment Protection Insurance, which involved me sending reams of legal information to Halifax Ireland, they finally refused my claim on the grounds that i hadn't claimed job seekers allowance from the time i was made redundant, but had waited 6 months.

There was no way i could afford the repayments on benefits and the account fell into arrears. I then got a job, in a much more vocational field than i used to work in which was much less well paid and as i had a lot of debt i contacted Halifax with the help of the Consumer Credit Council and negotiated a nominal £1 a month payment. This has gone on for nearly 4 years now as a standing order out of my bank account every month.

However yesterday i received a letter from Lowell saying that they had bought the debt off halifax and were now chasing me for the full amount. It also showed a statement showing no payments into the account since 16/08/12 (obviously, as my standing order is on the 1st of every month) The tone of the letter was threatening and to top it off i have had 4 text messages and 3 phone calls/answer machibe messages in the last 2 days.

I have been told they cannot hound me for a debt i am already paying- is this correct? And if so how do i go about getting them to stop? I thought my days of being too terrified to answer the phone were behind me, this has left me very worried again.

I look forward to hearing what you advise me to do in this situation,

Thanks in advance,

Mel

[wales01man]

Re: Lowell Debt Collection

just got a similar letter they found me after 4 years the usual we previously wrote to you crap they didnt say the own the debt no threts yet no way i can pay on carers allowance my only income wife wont let me give em grief question is where next

[cheekymonkey07]

Re: Lowell Debt Collection

Hi don't let these people worry you they are the scum of the earth. If it helps I have been fighting Lowell for years and following the advice on here the alleged debt went statue barred and because they did not comply with my requests they had to give in and I got a letter a few weeks ago saying that they were no longer chasing me for the debt and it was closed. Never talk to them on the phone tell them you want everything in writing so you have a paper trail. Let them know if they continue to phone you you will report them for harassment and never admit the debt or you owe anything. Read Stickys notes under dealing with DCA's it really helps and as I said it got them off my back for ever. Don't get stressed keep calm they will keep going if they think you will bite. Good Luck.

[wales01man]

Re: Lowell Debt Collection

Thanks it wont worry me i aint got th to pay them or any assets i will never contact them in written or on the phone will file every letter the bank that they allegedly brought the debt from cost me my house and 2 businesses they all can spin another ccj wont hurt after what i went through i aint worry anymore

[Mel77]

Re: Lowell Debt Collection

Thanks, i will have a look at Stickys notes. And also make sure all my communication is in writing. What does concern me is that i am already paying this debt off, same account number and everything out of my current account, it shows up on my statements as HBOS so have i already admitted that the debt is mine. Should i mention this when i write to Lowell?

[Bill-K]

Re: Lowell Debt Collection

Hi Mel - yeah, as Wales & Cheeky say - don't let Lowells interference stress you too much. If you are still making the regular repayments which HBOS agreed to - and have not been informed by them that any other arrangements have been made, then I coubt very much if Lowells have any legal right to pursue that debt. I reckon that HBOS have simply sold them your debt as part of a package of debts, as it was probably classified as 'delinquent' - even though it was being repaid slowly.

Others may disagree, but my own preference in cases like this is to email them if possible - or write to them if not. Don't give them any information - just ask for it. That way, they cannot accuse you of not responding. I have often found that this gets them off your back, as they realise that you are not gonna be an easy target. They may pass the debt back to HBOS, or to another DCA - so keep a record of everything. My suggestion would be to ask them to clearly explain what this ALLEGED debt is that they think you owe them - and why they believe they have a right to pursue you for it, as you are not aware of any debts you have which are not being repaid regularly and at the agreed repayment rate.

They will hopefully respond with confirmation that HBOS sold the debt to them, in which case you could demand a 'Letter of Assignment.' At that point, I would point out to both Lowells and HBOS that the debt was being repaid and HBOS had no right to assign it a DCA. You might find Militant's letter useful here - he sure knows his stuff !!!

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we 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 or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we 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.

I/we look forward to your reply.

Yours faithfully

[Bill-K]

Re: Lowell Debt Collection

Oh - just another thing (in the style of Peter Falk's 'Columbo') - Have you reclaimed your PPI from HBOS ? It may wipe out the debt - and even possibly get you some cash back, too.

[andyb000!]

Re: Lowell Debt Collection

Oh - just another thing (in the style of Peter Falk's 'Columbo') - Have you reclaimed your PPI from HBOS ? It may wipe out the debt - and even possibly get you some cash back, too.

I too was intrigued as to what to do with the PPI element of Mel's post as I might be in the same situation. Bill - are you able to say a bit more on this? Grounds etc...

Andy

[Bill-K]

Re: Lowell Debt Collection

Further to Andy's post - and hopefully to assist Mel as well. We have a PPI section accessed by clicking on the 'PPI' tab at the top of the page. There are a number of 'Stickies,' which have essential PPI info in them, followed by a shed-load of individual PPI claim threads. But - to save you guys from having to trawl through all that stuff (unless, of course, you are a PPI 'anorak' like me - in which case, be my guest !!!) - Here are a couple of links. Firstly - there are a number of reasons as to why you might consider that your PPI was mis-sold, and Paule & Reidnet have a list of the most common ones here:

http://www.legalbeagles.info/forums/...ASE-READ-FIRST

There are other reasons, too, as the list is not exhaustive. Most peeps can 'tick' at least one of the 'boxes' - and that's enough to send a claim.

For the maths geeks among us (yep - that's me, too. Not an expert, though - just a geek) - there is Turboman's comprehensive explanation of PPI calculations, here:-

http://www.legalbeagles.info/forums/...I-Calculations

Turbo and I have devised a couple of spreadsheets to calculate PPI reclaim 'quantums.' One for fixed-amount loans, where the PPI premium is 'front-loaded,' by charging the whole amount 'upfront,' and adding it to the loan amount. The other for credit/store cards, where a PPI fee is charged each month, based on the account balance owing. If you would like a copy of either or both, please ask - and your wish will be my command !!!

[Mel77]

Re: Lowell Debt Collection

Thanks Bill, really useful info. Sounds like a good place to start from. I refuse to let myself be bullied by these unscrupulous DCA's.

[miliitant]

Re: Lowell Debt Collection

i am interesred in this statement

they finally refused my claim on the grounds that i hadn't claimed job seekers allowance from the time i was made redundant, but had waited 6 months.

that is crap that statement, do you have it in writing

say you were ill health retired, or took redundancy for example.
the severance package would be above 10 grand so you would not be able to claim job seekers from the time being made redundant.
that is just an example

do you have a copy of the terms and conditions of the ppi policy

the thing you have going for you was that you never fell into arrears

[bluebottle]

Re: Lowell Debt Collection

Another thing - Lowells cannot make you pay more than you can afford. This is not only a breach of OFT Debt Collection Guidelines, but a breach of Lowells' OFT Debt Collection Licence. If they start ramping things up, post up and I will provide you with the the email address for OFT Credit Fitness team who, regulate debt collectors, as well as Lowells' CCA Licence Number. I'm attaching a copy of the OFT Debt Collection Guidelines for your information. You might need to quote from these should Lowells' start playing silly buggers.

[Bill-K]

Re: Lowell Debt Collection

I don't do the 'small print' much these days, but if what Militant says is true - and I reckon it is - then I guess you have a choice, Mel. You could re-issue the claim for a payout under the PPI policy - and may need to take it to the FOS (or the FLA, etc.) This might possibly yield a fast result, and get you some cash ASAP. And then, claim for a complete PPI refund on the grounds of mis-selling - which may take longer. The earlier PPI payout would simply be deducted from the eventual (hopefully) PPI refund.

Or alternatively, just claim a refund of the total PPI on the grounds of mis-selling, and using the refusal to pay out after redundancy as one of the reasons.