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Lowells & HFC Loan

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  • Lowells & HFC Loan

    I am a bit nervous about posting specific details. I received an email in Mid November from Lowell asking me to call them which I did. It then transpired that they had purchased a debt for a loan I took out in 1998. I had been paying the loan off until I ran in to money problems in 2002 at which time my bank closed my account on me leaving me without any wages for 2 months. I had asked my bank manager about a mortgage and the next thing I know my account had been closed. I had no contact with the lender nor did they send any letters demanding payment. They had my details correctly as I had called the lender 3 or 4 times to complain that the company supplying the goods.

    To be honest at that time it was all a blur as it knocked the wind out of me, but I would have remembered. The next few years I spent just getting by. I don't own my own home but am secure as it is owned by my brother who I rent from.

    Jump to the November call to Lowell.
    I said to the guy I had no idea what debt he was referring too as it was for just shy of 8k. The call ended with him saying he would get a copy of the statement & credit agreement. This arrived on the 4 of Jan. Looking at the statement the last payment was 21st Feb 2002 which was a reversed one from the 15th. There is then a bunch of charges heaped on through to Aug 2003. What caught my eye was the payment of £10 on 5th Sep 2008. I and nobody on my behalf made this payment, so assumed it had to be a mistake. I wrote to them on the 14 Jan "Standard template" letter saying that the debt is statute barred. They have written to me today saying it isn't as there was a payment in 2008 for £10. Can anyone advise what I should do next?

    This is probably irrelevant but. I was surprised by the contract they sent as it isn't correct. I have never had a copy of this so wouldn't have picked up on the errors. There was to be a copy in my welcome pack from the company. This never arrived and neither did the referral calls with the subsidies I was supposed to get. The agreement has two errors on it, the first being the spelling of my first name & that I owned my property, which I never have. I remember having the conversation with the rep and he said its fine and left it blank. I can only surmise that he filled these out afterwards and I was too stupid to demand my copy of the agreement.

    Any help would be appreciated

    Thanks
    Socomwet
    Tags: None

  • #2
    Re: Lowells & HFC Loan

    Hi Socomwet

    Lowell have a reputation of claiming 'phantom payments' to reset the Limitation Act 'clock. Even if you had randomly made a payment in 2008, the debt would still be time barred because last real payment was made in 2002.

    If you'd like me to take a look at your case, follow the instructions in post 11 of this thread.
    http://www.legalbeagles.info/forums/...ands-READ-HERE
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment


    • #3
      Re: Lowells & HFC Loan

      Hi

      Thanks for coming back to me so quick. I am not sure if they have sent me a SD or not. I have a the 1st letter with statement & credit agreement asking me to contact them with in 7 days to discuss payment options. The 2nd sent the day after I wrote to them, it has a statement of my account with them & DD mandate. This says "despite previous corrempondence I have not paid or provided a valid reason for non payment & warning it may result in further action being taken". The 3rd saying that its not statute barred and to contact them within 14 days.

      I will scan these tomorrow, do you want me to email them to you?
      Thanks
      Socomwet

      Comment


      • #4
        Re: Lowells & HFC Loan

        Yes please x I'll take a look and advise you appropriate action.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Re: Lowells & HFC Loan

          Thanks very much.

          Socomwet

          Comment


          • #6
            Re: Lowells & HFC Loan

            Originally posted by Celestine View Post
            Yes please x I'll take a look and advise you appropriate action.


            Originally posted by socomwet View Post
            Thanks very much.

            Socomwet

            What a polite thread considering the stress the OP must be feling

            Comment


            • #7
              Re: Lowells & HFC Loan

              Not a statutory demand and hopefully unlikely to ever become one.

              So the only issue to resolve is the dodgy £10 payment in 2008. Please note this shows on original creditor paperwork, not Lowell.
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

              I am proud to have co-founded LegalBeagles in 2007

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

              Comment


              • #8
                Re: Lowells & HFC Loan

                Originally posted by Celestine View Post
                So the only issue to resolve is the dodgy £10 payment in 2008. Please note this shows on original creditor paperwork, not Lowell.
                A SAR request?

                Comment


                • #9
                  Re: Lowells & HFC Loan

                  Hi

                  Thanks Celestine for looking and advise. How should I go about finding out about the £10? Is a SAR a generic subject access request form, if so do I send this to Lowells?

                  Thanks
                  Socomwet

                  Comment


                  • #10
                    Re: Lowells & HFC Loan

                    Originally posted by socomwet View Post
                    Thanks Celestine for looking and advise. How should I go about finding out about the £10? Is a SAR a generic subject access request form, if so do I send this to Lowells?
                    There is a SAR version customised to get data from financial institutions, see letter below. It should be sent recorded delivery with a £10 PO to cover the fee (you'll be spending £10 to find out about a £10 payment).

                    If the payment shows on the paperwok from the original creditor, then the request should go to them and not Lowell.
                    Originally posted by Celestine View Post
                    So the only issue to resolve is the dodgy £10 payment in 2008. Please note this shows on original creditor paperwork, not Lowell.
                    Dear Sirs

                    Ref: xxxxxxxx

                    Subject Access Request - S.7 Data Protection Act 1998

                    Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

                    If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

                    Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

                    Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

                    I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

                    Yours faithfully,

                    Comment


                    • #11
                      Re: Lowells & HFC Loan

                      Would you have sent a SAR to them in 2008 for any reason?

                      Otherwise, yes its a £10 SAR to find out what the £10 is about?
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                      Comment


                      • #12
                        Re: Lowells & HFC Loan

                        Originally posted by PlanB View Post
                        A SAR request?

                        That's what I meant in my post. Did the OP send a SAR request in 2008 which could explain the £10 phantom credit? A SAR request in 2014 will clarify this

                        Comment


                        • #13
                          Re: Lowells & HFC Loan

                          Hi Thanks for the info FlamingParrot.

                          Celestine: No SAR has ever been sent by me.

                          Thanks
                          Socomwet

                          Comment


                          • #14
                            Re: Lowells & HFC Loan

                            Hi...i'm having EXACTLY the SAME problem.....I last made a real payment on the 13th april 2005 ....in total we paid back £5000 of the £10,000 borrowed. We moved house and I hate to admit it - but, as I became disabled - I didn't let creditors know our new address AT ALL. Out of the blue, we received a letter from Lowell's demanding £4819.95. I responded and said it's 'statute barred' - they responded by saying that a payment of £5.00 had been made on the 11th may 2010!! We know that this wasn't possible ....as we'd not been contacted by any of our creditors up until now. I have asked Lowells for proof of this payment made and they have refused - point blank. They've said that they can't provide such information under the data protection act. On the statement they sent me (which doesn't seem to 'add up' ) it shows a default was put on the account on 28th June 2005 ...then £2533.93 was paid on the 30th April 2007 (which was from the process of selling our home...we had to hand the keys back in to the building society as we fell behind with mortgage repayments. The sale of the house paid some creditors off. We didn't even know that the lump sum had been paid to the HFC bank until lowells sent the statement. There is nothing on the account for another 3 years - that's when the mysterious £5.00 was paid on the account.....then another four years has lapsed, no reminders/letters/phonecalls demanding payment. They are being nasty with us and I'm losing my patience with them ....x

                            Comment


                            • #15
                              Re: Lowells & HFC Loan

                              Hi

                              I will be sending the SAR to HFC tomorrow. It would be wonderful if the £10 didn't appear on the HFC statement. I got another letter from Lowell’s on Saturday asking me to call them. Should I advise them that I am sending a SAR request to the lender?

                              Cazzel18
                              Sorry I am not very good with things like this hence my question, so I will leave the advise to Celestine and the other advisers on here. I will post the results of my SAR request hopefully this will help you with your endeavours.

                              Thanks for everyone’s advise. It really helps you acknowledge and address the issue when you have help.
                              Socomwet

                              Comment

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