smith v the lowell group & howard cohen & co solictors

[Tools]

Re: smith v the lowell group & howard cohen & co solictors

Reported your post for the attention of Kate

[smith]

Re: smith v the lowell group & howard cohen & co solictors

letter today

we are red debt collection services the debt collection division of lowell financial ltd and we are instructed to collect the money you owe lowell
we specialise in assessing accounts for litigation and we will be obtaining a copy of your credit file in order to reveiw your financial circumstances and the information within file it will help us determine the best way to recover what you owe
you can aviod this by calling xxxxxxxxxxxxxx
pay in full
to arrange an affordable repayment plan
if you do not repay what you owe you could risk legall action being taken we may decide to apply to the county court for a judgment against you this is know as ccj if we are succesful in obtaining a ccj and you still do not repay depending on the amount you owe and your cirumstances we could then apply to secure the debt against your property or to decuct amounts dircectly from earnings alternatively we may ask a court for a bailiff to remove goods from your house to the value of the debt

we would obviously prefer to avoid such action and settle this amicably so please call xxxxxxxx

[Amethyst]

Re: smith v the lowell group & howard cohen & co solictors

A CCJ is much better than a Stat Demand If it goes to court you can submit your income expenditure and make an offer to pay. HOWEVER, I think the new lot will just need reminding of past events on this same account .....

ie.


The deadline for CPR 31.14 expired on 6th July. So as nothing has been received, they have not complied.

and

CASE CLOSED FOR NOW
take notice that the claimant hereby discontinues all
proceedings under the above numberd action and accordingly withdraws
from the same
we certify that a copy of this notice has been served on the defendant


second letter

we can confirm that we have been instructed by our client to discontinue the county court claim issued
against you therefore please find enclosed by way of service you notice of discontinuance
we trust this is in order



You might have to go around the houses again with a request for the CCA and other documents but as they couldn't supply them before, there's no reason they would have suddenly appeared just because they are with another DCA.

[ODC]

Re: smith v the lowell group & howard cohen & co solictors

You really couldnt make it up.

[FlamingParrot]

Re: smith v the lowell group & howard cohen & co solictors

You might have to go around the houses again with a request for the CCA and other documents but as they couldn't supply them before, there's no reason they would have suddenly appeared just because they are with another DCA.

It's still the same old DCA, our favourite one, where the left hand has no idea what the right hand does.

letter today

we are red debt collection services the debt collection division of lowell financial ltd and we are instructed to collect the money you owe lowell
we specialise in assessing accounts for litigation and we will be obtaining a copy of your credit file in order to reveiw your financial circumstances and the information within file it will help us determine the best way to recover what you owe
you can aviod this by calling xxxxxxxxxxxxxx
pay in full
to arrange an affordable repayment plan
if you do not repay what you owe you could risk legall action being taken we may decide to apply to the county court for a judgment against you this is know as ccj if we are succesful in obtaining a ccj and you still do not repay depending on the amount you owe and your cirumstances we could then apply to secure the debt against your property or to decuct amounts dircectly from earnings alternatively we may ask a court for a bailiff to remove goods from your house to the value of the debt

we would obviously prefer to avoid such action and settle this amicably so please call xxxxxxxx

You really couldnt make it up.

There was a case a few months ago, where the Lowlifes issued 3 or 4 SD in succession to the same person, a month apart! :scared: :scared: :scared: :scared: Can't remember where that thread was...

[ODC]

Re: smith v the lowell group & howard cohen & co solictors

It's still the same old DCA, our favourite one, where the left hand has no idea what the right hand does.


There was a case a few months ago, where the Lowlifes issued 3 or 4 SD in succession to the same person, a month apart! :scared: :scared: :scared: :scared: Can't remember where that thread was...

I read it. Im just so amazed these Cupid Stunts are still in business

[MIKE770]

Re: smith v the lowell group & howard cohen & co solictors

I read it. Im just so amazed these Cupid Stunts are still in business

See you are a Baffty Crastard with your words.:tung:

[ODC]

Re: smith v the lowell group & howard cohen & co solictors

Yes they really are a Wunch of Bankers

[charitynjw]

Re: smith v the lowell group & howard cohen & co solictors

Yes they really are a Wunch of Bankers

For want of wetter birds?

[CleverClogs]

Re: smith v the lowell group & howard cohen & co solictors

unless we receive payment in full or part payment with proposed payment plaN
within the next 5 days we will have no alternative but to instruct our solicitor to
look to begin legal action against you

Utter nonsense - they could just as easily sell the alleged debt elsewhere or just go back to scratching each others' crotch.

this could result in us applying for the value of the [debt] to be secured on your property or applying to recover the money you owe by making deductions directly from your earnings along with court costs and interest

But only if they won in court, which is by no means certain.

alternatively we may arrange for an agent to vist your adress to negotiate settlement

Their "agent" would have no more rights to enter one's house than would next door's smelly cat.

[CleverClogs]

Re: smith v the lowell group & howard cohen & co solictors

A standard threatogram...

if you do not repay what you owe you could risk legall action being taken we may decide to apply to the county court for a judgment against you this is know as ccj if we are succesful in obtaining a ccj and you still do not repay depending on the amount you owe and your cirumstances we could then apply to secure the debt against your property or to decuct amounts dircectly from earnings alternatively we may ask a court for a bailiff to remove goods from your house to the value of the debt

If.

[CleverClogs]

Re: smith v the lowell group & howard cohen & co solictors

I read it. Im just so amazed these Cupid Stunts are still in business

See you are a Baffty Crastard with your words.:tung:

Or that ODC gets wucking mords fuddled?

[CleverClogs]

Re: smith v the lowell group & howard cohen & co solictors

It's still the same old DCA, our favourite one, where the left hand has no idea what the right hand does.

They're both playing with themselves and self-fisting? msl:

There was a case a few months ago, where the Lowlifes issued 3 or 4 SD in succession to the same person, a month apart! :scared: :scared: :scared: :scared:
Can't remember where that thread was...

Here - link

[smith]

Re: smith v the lowell group & howard cohen & co solictors

hi Celestine just got a letter from hamptons legal

that red debt collections services have instructed us to pursue you for the overdue ballance
on your lowell portfolio 1 limited account

you are contractually responsible for repaying the debt unless you send payment to us or
red debt collection services immediately we may prepare for more serious action which coul include applying for a county court judgment ccj against you

ONCE LEGAL PROCEEDINGS HAVE BEGUN WE MAY BE ABLE TO CLAIM THE MONEY YOU OWE TOGETHER WITH
the intrest accured on your overdue account
legal cost of recoverying money you owe
if we are granted a ccj you could face the following consequences
1 ccj against you will be recorded for 6 years
2we may apply to enforce the judgment for example by useing bailiffs desuctions from your earnings

3 falure to repay your debts may have a impact on your abilty to obtain credit in the future or the terms on which credit is available lenders will look at how you have repaid your debts
in the past before they decide to grant you further borrowing

IF YOU DO NOT CONTACT US OR ARRANGE PAYMENT WE MAY BEGIN PROCEEDINGS

[Amethyst]

Re: smith v the lowell group & howard cohen & co solictors

They don't have any paperwork so a CCA request should see them off. I'll let Kate know, but for now I would prepare and send a standard CCA request.


As an idea

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,