Tweet
Back in about 2008 Lowell contacted me out of the blue regarding a debt with Capital One. At the time I was very naive in thinking that they were a real and genuine debt collection agency working on behalf of Capital One for a debt of £1586. Hence I foolishly started paying them small monthly payments, which continued for a few months until I heard some things from others and started researching Lowell only to find out they are scammers and I cancelled my payments to them.
Over the years I have received some threatening letters from them but they always follow a silly cycle of increasing intimidation and then going silent for six months or so. They never actually do anything, just as neither does another such company called Cabot. I've dealt with real debt collectors before and they are very quick and straight to the point in getting the money repaid for their client. So the knowledge that they are scamming the debt market and their ineffectual behaviour lulled me into not taking them seriously.
Anyway, at the end of November I received the infamous Northamptonshire County Court claim from BW Legal and Lowell, demanding £2225 (inc the stated 8% interest presumably) plus official costs. I have sent off the paper acknowledgement form and checked the box to indicate I wish to defend the full amount. I will have to write to BW Legal tomorrow and ask for an extension due to the difficulty in dealing with legal matters over the festive period.
I have a suspicion that Lowell are finally pursuing this to court on the basis that I made some payments in 2008 and acknowledged the debt. What effect do you folks think it will have on my case? Can I not make the defense that I was conned? (Which is true, I did not understand the debt market at that time.)
I have read other topics here and will send off the CPR and CCA letters specified - I'm pretty certain I applied to Capital One via a paper form that required a signature. I'm also considering doing a SAR request to Capital One, although I don't know if they will still have the paperwork, especially as they have evidently sold the debt off.
If push came to shove, I suppose I would be willing to pay some of the debt to Capital One, but what makes me so angry and feeling cheated is that a third party is asking for money even though I never had a contract with them and at no point have they become a creditor to me, or anyone for that matter! If I pay them then not a penny will go to Capital One, who are the only party owed anything.
While Lowell ethically has to take full responsibility for the debt they voluntarily purchased, I was wondering if it can be argued that they only have the right to be reimbursed for the amount that they are out of pocket (likely only 5-20% of the original debt) due to buying the debt. As debt is bought in bundles it becomes very difficult prove in an audited manner what they paid for my debt specifically.
If anyone has any advice in addition to the templated letters then I would be very glad to hear it.
Thank you for your time.
Over the years I have received some threatening letters from them but they always follow a silly cycle of increasing intimidation and then going silent for six months or so. They never actually do anything, just as neither does another such company called Cabot. I've dealt with real debt collectors before and they are very quick and straight to the point in getting the money repaid for their client. So the knowledge that they are scamming the debt market and their ineffectual behaviour lulled me into not taking them seriously.
Anyway, at the end of November I received the infamous Northamptonshire County Court claim from BW Legal and Lowell, demanding £2225 (inc the stated 8% interest presumably) plus official costs. I have sent off the paper acknowledgement form and checked the box to indicate I wish to defend the full amount. I will have to write to BW Legal tomorrow and ask for an extension due to the difficulty in dealing with legal matters over the festive period.
I have a suspicion that Lowell are finally pursuing this to court on the basis that I made some payments in 2008 and acknowledged the debt. What effect do you folks think it will have on my case? Can I not make the defense that I was conned? (Which is true, I did not understand the debt market at that time.)
I have read other topics here and will send off the CPR and CCA letters specified - I'm pretty certain I applied to Capital One via a paper form that required a signature. I'm also considering doing a SAR request to Capital One, although I don't know if they will still have the paperwork, especially as they have evidently sold the debt off.
If push came to shove, I suppose I would be willing to pay some of the debt to Capital One, but what makes me so angry and feeling cheated is that a third party is asking for money even though I never had a contract with them and at no point have they become a creditor to me, or anyone for that matter! If I pay them then not a penny will go to Capital One, who are the only party owed anything.
While Lowell ethically has to take full responsibility for the debt they voluntarily purchased, I was wondering if it can be argued that they only have the right to be reimbursed for the amount that they are out of pocket (likely only 5-20% of the original debt) due to buying the debt. As debt is bought in bundles it becomes very difficult prove in an audited manner what they paid for my debt specifically.
If anyone has any advice in addition to the templated letters then I would be very glad to hear it.
Thank you for your time.
Comment