Lowell Debt Collector Letters Misleading!

[Nibbler]

Re: Lowell Debt Collector Letters Misleading!

As said, I would bet it was couched with many 'ifs' and 'mays' etc.

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.

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

And tell us about the original dispute with Orange.

I had my own business a number of years ago and although the phone was taken out in my name, it was paid for using a business card, and the bank account paying off the line rental was in the business name. I sold the business in 2012 and forgot about the phone. As it was in my name, it was my responsibility but I argued the fact that it was the business' phone and should have not fallen back onto me!

I disputed this on the phone with Orange several times, but they now say they can't see ANYTHING on their files to do with me.

[Nibbler]

Re: Lowell Debt Collector Letters Misleading!

As said, I would bet it was couched with many 'ifs' and 'mays' etc.

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

So did they make the employer threats in a letter or a call? Tell us all. And tell us about the original dispute with Orange.

It was in a letter, but I don't know where that letter is as we have moved house since and the letters were all bundled together in one of the boxes that i may or may not have already opened?

But it was 100% in writing

[nemesis45]

Re: Lowell Debt Collector Letters Misleading!

If a defaulted debt is " paid off" in part as full & final settlement the credit file should be marked "
"partially satisfied and will remain on file for the balance of the 6 year "life" of the default, as the record must be accurate and up to date.
It is the original creditor that places a default the DCA/ Debt Purchaser only updates the existing entry with its details, the default date remains the same.

As to disputes there is nothing to stop a creditor concluding that there in no longer a dispute in its eyes issuing a final response and selling the debt.
When you pay this off make the payment conditional on the remaining balance is not to be sold or assigned for collection to any 3rd party, do not send any payment until you have this in writing.

This situation proves one thing,. It is never a wise thing to attempt to negotiate with DCA by telephone.

nem

[Nibbler]

Re: Lowell Debt Collector Letters Misleading!

We know they write their letters in such a way that the recipient takes in the nasty bits rather than the whole. They rely on ignorance of the law. The most insidious type of statement is ‘When we gain judgment, we shall...’ – fortunately, this is becoming less common, but replacing ‘When’ with ‘If’ is lost on most people who are simply scared of the implications.

Believe me, I know that full well.

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

I asked them several times to confirm that the call was recorded and they advised me that it was, unfortunately I wasn't in a position to record the call myself.

So did they make the employer threats in a letter or a call? Tell us all. And tell us about the original dispute with Orange.

[OliverJames]

Re: Lowell Debt Collector Letters Misleading!

And please, never talk to a DCA or debt buyer unless you record the call!

I asked them several times to confirm that the call was recorded and they advised me that it was, unfortunately I wasn't in a position to record the call myself.

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

http://fshandbook.info/FS/print/FCA/CONC/7/11

CONC 7.11.8

01/04/2014
FCA

A firm must not suggest or state that it will commence proceedings for a warrant of execution or an attachment of earnings order when a court judgment has not been obtained, or that it will take any other enforcement action before it is possible to know whether such action will be permissible.

As said, these kind of ‘implications’ tend to be verbal, rather than written, which is why I always advise recording calls.

We know they write their letters in such a way that the recipient takes in the nasty bits rather than the whole. They rely on ignorance of the law. The most insidious type of statement is ‘When we gain judgment, we shall...’ – fortunately, this is becoming less common, but replacing ‘When’ with ‘If’ is lost on most people who are simply scared of the implications.

Will be interesting to hear more from Oliver.

[wales01man]

Re: Lowell Debt Collector Letters Misleading!

Hope they recorded the call from Lowells although advice has always been don't phone them they might hear big words they cannot understand if you call them

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

For the OP to get better advice they need to tell all the letter may say an Attachments of earnings is possible if a judgement is obtained as stupid as Lowells are hard to believe they would make threats they cannot carry out.
We have many letters from these Aholes every threat can be carried out but after due process

Indeed. We know they’ll say more on the phone than in a letter...

[Nibbler]

Re: Lowell Debt Collector Letters Misleading!

http://fshandbook.info/FS/print/FCA/CONC/7/11

CONC 7.11.8

01/04/2014
FCA

A firm must not suggest or state that it will commence proceedings for a warrant of execution or an attachment of earnings order when a court judgment has not been obtained, or that it will take any other enforcement action before it is possible to know whether such action will be permissible.

[wales01man]

Re: Lowell Debt Collector Letters Misleading!

For the OP to get better advice they need to tell all the letter may say an Attachments of earnings is possible if a judgement is obtained as stupid as Lowells are hard to believe they would make threats they cannot carry out.
We have many letters from these Aholes every threat can be carried out but after due process

[Nibbler]

Re: Lowell Debt Collector Letters Misleading!

Very true. I was focusing on the credit file aspect of it.

[Don Quixote]

Re: Lowell Debt Collector Letters Misleading!

Personally, I’d continue the dispute regarding the original account. If Orange sold it on with the dispute still live, and marked your credit report, you’d have every right to complain, as well as seek redress and clearing of your credit file (subject to us knowing the facts of the case, of course). Lowell bought the rights and responsibilities as well as the balance! Tell us the nature of the dispute.

What is more alarming is that you claim they were threatening to go directly to your employer. In what way did they do this? In writing? What exactly did they say?

They cannot approach your employer unless they have a judgment in their favour and a court order for an attachment of earnings. To state otherwise would fall foul of every guideline going. It’s a lie.

And please, never talk to a DCA or debt buyer unless you record the call!