Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :(

[bluebottle]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

Thanks Bluebottle

You're welcome.

[CleverClogs]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

Is there anywhere i can find out what all these acronyms mean that you guys use

Yes.

There's Google... msl:

OFT = Officially called the Office of Fair Trading, the Office of Faffing and Twaddling is the largely supine and ornamental body supposed to ensure that companies behave themselves.

FOIA = Freedom Of Information Act. An embarrassing statute passed by Parliament in a moment of collective madness, this Act allows citizens to know how their MPs were fiddling their expenses whilst giving public bodies various standard excuses for not providing the information sought.

SD = Statutory Demand. The first step in making someone bankrupt or ordering that a company be wound up and sold off, is to serve them with a Statutory Demand. This costs nothing (other than, perhaps, the costs of it being served) whilst getting it set aside may require the alleged debtor to pay for the services of a lawyer. If it is not set aside, the purported creditor may then proceed to a Bankruptcy Petition which will cost them nearly a thousand in advance fees but, if an alleged debt is uncollectable and the creditor has only paid a tiny fraction of its nominal value, the creditor might still find it profitable to go ahead with bankruptcy proceedings.

HTH.

HAND.

[tezzam]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

just a quick update, I have contacted my local Welcome Branch to get an update on my loan status but they cant get me through security as i dont remember a passwrod i gave them 5 years ago. hmmm

[PlanB]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

just a quick update, I have contacted my local Welcome Branch to get an update on my loan status but they cant get me through security as i dont remember a passwrod i gave them 5 years ago. hmmm

Ask them to send you a re-set password

[Celestine]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

As the loan with Welcome was started in 2008, you should be able to get all information from them via a Subject Access Request (SAR) under the Data Protection Act 1998 (DPA).
They will have 40 days to comply with this request but it will cost you a £10 fee.

You should also send a Consumer Credit Act Request 1974 (CCA) to Welcome AND Lowell to be sent a copy of the original loan agreement and terms attached. This will cost £1 each.

I would write to Lowell alongside their CCA and state that you are investigating this error with Welcome directly and that they should await a resolution and explanation before any enforcement/collection activity.

Do you own your own home? If so, prepare for a Statutory Demand maybe from Lowell

[tezzam]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

do i really need to spend some of my own money to prove to lowell something that i already know. i dont own my home but what is a statutory demand for?

[PlanB]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

do i really need to spend some of my own money to prove to lowell something that i already know. i dont own my home but what is a statutory demand for?

Yes you do. How else can you prove to Lowells that you've made a F & F settlement with Welcome? Do you have any paperwork from that deal such as a letter confirming the settlement and/or a photocopy of the cheque you sent them and their receipt for the payment informing you the account was closed?

You may know what happened but clearly Lowells don't or are pretending they don't

A SD is served on you 21 days before a creditor can petition for bankruptcy :fear:

[Celestine]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

As you don't own your own home, it is unlikely Lowell will issue a Statutory Demand, thank goodness.

The SAR is probably most important here, because you are seeking proof the account ended in the way you recall. That can only be revealed by documents exchanged at that time. If you haven't got them, how can you prove you settled the debt?

[jaydee]

Re: Help! Lowell Group are harassing me for a Welcome Finance Debt that ive cleared :

Hi

It may be worth looking at Pinnel's case. In Pinnel's case3 (originally Penny v Cole [1602]), the courts held that payment of a lesser sum on the day cannot satisfy the payment of a greater sum as it would not come to the plaintiff's