Lowell Debt Collector Letters Misleading!

[OliverJames]

Hi all,

I am looking for some advice before i head to the financial ombudsman, as i'm not sure if they really add any value (again, advice welcome!).

I have had an outstanding debt with Orange for some time, and although disputed, it has been sold on to Lowell Group who have now sent me a load of letters, the last of which offered me a 40% discount to clear the debt. This offer was enough for me to get in touch with them to get this cleared up once and for all as it was all getting a little boring and they were threatening to go direct to my employeer and they could take it from my salary.

That aside, I was happy to pay off the debt (now down to £230) and I called them up. I spoke to a young lady and explained that i had received the letter and that i wanted to pay it off, at which point she advised me that the payment i was making was only clearing a balance and that it would not clear the debt from my credit file. This was something i disputed on the call as the letter clearly stated that the payment would "clear the debt" but as they were unable to see the letter on their system they could not confirm whether or not that was the case. Either way they continued the line about it not being removed from my credit report, and as much as i understand that, the letter itself was totally misleading.

She went and put her manager on (Deen Kahn) who couldn't have been more rude, or less helpful if he tried! He got me to the point where i advised i was happy to pay off the debt (including the 40% discount) and at that point i mentioned that i had an intention to take it up with the FSA or Ombudsman at which point he turned extremely arrogant answering back "whatever, do what you want", "yep, yep, yep probably" and "I'm sure you will" which was just another clear sign that they have absolutely ZERO concern about peoples financial situations as they claim on their website, and just want to get paid (obviously).

With the misleading nature of the letter, is there anything I can do, or any grounds for approaching the financial ombudsman to get their business checked out as they are likely to be doing this to more people!

Rant over and I look forward to hearing back from someone!

Ollie

[nemesis45]

Re: Lowell Debt Collector Letters Misleading!

Thanks for that.

Nem

[nemesis45]

Re: Lowell Debt Collector Letters Misleading!

Thank you!

nem

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

The letter is a bit small to read on my laptop but looking a some Lowell threatograms there is just above the Attachment threat a bit about applying to the County Court for a judgement and if successful we may...................

I guess that gets the past the alleged misleading statement.
Some years ago the OFT and the CSA issued guidance on " debt collection letters" and many were rewritten this one has been the same for years.

nem

Yeah, the Hamptons letter is from only five months ago but mentions nothing about first succeeding with the claim. Definitely worth a complaint if you get one of those.

As you can’t see it, nem, I’ll transcribe. The Hamptons letter says:

“As you are a homeowner, it is very likely we will apply to the County Court for a Judgment against you ordering you to repay the outstanding balance. If you still do not pay, we will consider the following enforcement action:

etc”

So no mention of actually succeeding with the claim, or stating that it can be defended. The implication is that it will be granted on application, and enforcement action will follow. Totally misrepresents the true legal position.

[nemesis45]

Re: Lowell Debt Collector Letters Misleading!

The letter is a bit small to read on my laptop but looking a some Lowell threatograms there is just above the Attachment threat a bit about applying to the County Court for a judgement and if successful we may...................

I guess that gets the past the alleged misleading statement.
Some years ago the OFT and the CSA issued guidance on " debt collection letters" and many were rewritten this one has been the same for years.

nem

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

Was it paid by DD, set up in the name of the company? Did you access it online as a business customer, for example? I’ve been with Orange since 1996 and it’s always been via the business side.

If you simply claimed it as expenses then, sadly, if it was opened in your name as an individual, you’re stuck with it.

I'm stuck with it

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

The contract was in my name, paid off by the company bank account.

Was it paid by DD, set up in the name of the company? Did you access it online as a business customer, for example? I’ve been with Orange since 1996 and it’s always been via the business side.

If you simply claimed it as expenses then, sadly, if it was opened in your name as an individual, you’re stuck with it.

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

Now Called the " Pre Legal Assessment Department" next desk to the dodgy discount and duff debt departments.

nem

That’s still a very misleading letter, isn’t it? Says nothing about succeeding with a claim before enforcement. Stinks.

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

Probably staffed by a trainee paralegal/tea boy!!!

Or just a printer....

[nemesis45]

Re: Lowell Debt Collector Letters Misleading!

Probably staffed by a trainee paralegal/tea boy!!!


nem

[Nibbler]

Re: Lowell Debt Collector Letters Misleading!

That's it Nem. Knew I had heard and read it somewhere, but could not bring it to mind.

[nemesis45]

Re: Lowell Debt Collector Letters Misleading!

Probably along the lines of.

http://i.imgur.com/73fc5P4.jpg

Though think they may have ditched Hamptons now after the whole fake lawyer letter debacle.

Now Called the " Pre Legal Assessment Department" next desk to the dodgy discount and duff debt departments.

nem

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

Was the contract in the Business name? was it a Ltd company?

The contract was in my name, paid off by the company bank account.

[wales01man]

Re: Lowell Debt Collector Letters Misleading!

Was the contract in the Business name? was it a Ltd company?

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

That feels very much like the letter i received