Lowells £30 offer

[Smee]

Re: Lowells £30 offer

In principle, they do, there is such thing as the pre-action conduct that says a claimant should send a letter before action or letter of claim before issuing a claim: https://www.justice.gov.uk/courts/pr...on_conduct#6.1

In many cases claimants do send a letter of claim before issuing a claim, not always, however, many people ignore such letters and dismiss them as yet another threat-o-gram! :Cry:

It's ALWAYS worth replying to such letters, in the majority of cases, a suitable response stops them in their tracks. :bolt:

Do keep us posted. :typing:

Thank you so much yet again. all this excellent advice makes it much easier to understand the process.
I will definitely keep you and others posted on what happens next.

thanks again
Smee

[Smee]

Re: Lowells £30 offer

Hello me again.
I have just received a statement letter, this time from Lowell Financial, previously they have come from lowellportfolio1
Does this change of company, albeit a lowell company, mean anything to anyone. Any help or advice as always is greatly appreciated.
Thank you
Smee

[nemesis45]

Re: Lowells £30 offer

Hello me again.
I have just received a statement letter, this time from Lowell Financial, previously they have come from lowellportfolio1
Does this change of company, albeit a lowell company, mean anything to anyone. Any help or advice as always is greatly appreciated.
Thank you
Smee

No Lowell Financial Collects and manages debts owned by Lowell Portfolio 1.

[Smee]

Re: Lowells £30 offer

Can I ask what might seem a daft question - here goes -

If I look at my credit score - is it recorded that I have checked and can other see that I have checked it. If I do check my credit score is it OK to use 'Noodle' the free service. Can credit score companies be trusted or does your activity get passed on. I dont want to check to find loweels - and then they get notified that I have been checking my ratings. does this make sense ?
Thank you again
Smee

[Smee]

Re: Lowells £30 offer

I'm on a roll ;-)
Is a debt calculated from the date the original credit agreement was taken out or the last payment made to it. The date of mine was originally taken out early 2010, I have read about statute barred but don't quite understand how that works and which date it relates to as I have asked here.

As always many thanks for all the help received

Smee

[Smee]

Re: Lowells £30 offer

No Lowell Financial Collects and manages debts owned by Lowell Portfolio 1.

Thank you Nemesis45
So does this imply that it may have been stepped up a notch in terms of trying to collect, are they 'the rough boys'

[FlamingParrot]

Re: Lowells £30 offer

I'm on a roll ;-)
Is a debt calculated from the date the original credit agreement was taken out or the last payment made to it. The date of mine was originally taken out early 2010, I have read about statute barred but don't quite understand how that works and which date it relates to as I have asked here.

Hi Smee

Statute barred requires at least six years without any payments or written acknowlegments being made, it does not relate to the start date, you can have an account that's over 20 years old yet it won't be SBd because you have been making payments, for example, I've got an ancient MBNA card that I took out originally with the A&L in the early 90s, it's not statute barred yet because I was paying it till 2010. :ohwell:

- - - Updated - - -

So does this imply that it may have been stepped up a notch in terms of trying to collect, are they 'the rough boys'

There are lots of companies within the Lowell Lowlife Group, they are just a different name and letterhead. As long as you don't get a letter before action from either Bryan Carter or BW Legal you should be fine. :thumb:

[FlamingParrot]

Re: Lowells £30 offer

Can I ask what might seem a daft question - here goes -

If I look at my credit score - is it recorded that I have checked and can other see that I have checked it. If I do check my credit score is it OK to use 'Noodle' the free service. Can credit score companies be trusted or does your activity get passed on. I dont want to check to find loweels - and then they get notified that I have been checking my ratings. does this make sense ?

Only you can see your credit score, other companies don't see your file the same way as you when you check it, they use their own software to plug into the data and that does not include credit scores, just the actual records.

[Smee]

Re: Lowells £30 offer

Hi Smee

Statute barred requires at least six years without any payments or written acknowlegments being made, it does not relate to the start date, you can have an account that's over 20 years old yet it won't be SBd because you have been making payments, for example, I've got an ancient MBNA card that I took out originally with the A&L in the early 90s, it's not statute barred yet because I was paying it till 2010. :ohwell:

Thank you for this Flaming Parrot -

I was making payments for a couple of years then the world turned upside down and so had to stop hence their chasing. I am still of a mind to accept their 30 a month just for the worry to go away - they did say that I could pay less ;-) - as I have said I am away for the whole of November and would hate anything to happen whilst I was away and for 30 or less a month it's not the end of the world and thinking that once I start to pay that then thats it fixed bar the shouting. There's also a chance I will be emigrating towards the back end of next year! And it would be a long way to chase. Hence the dilemma
Thanks again
Smee

[beaconsman]

Re: Lowells £30 offer

Tricky one. I would personally send the CCA if you are going to be away for that amount of time. You should have (as previously stated) the 12+2 days for them to reply in any case. If they have concrete evidence ( bearing in mind this is a DCA and honesty in playing fairly isnt a trait they know, or understand).

If you emigrate, as far as I know, I dont think they will chase you due too the costs involved (not 100%) but form experiences when I was in the forces, they basically gave up as 6 weeks in Canada, then back to Germany, then back to Canada...etc..you get the idea.

Id send the CCA just to see what they come up with.

Just started the ball rolling with ideal world/CCS (another thread) and so far its all lies..from them.

[Smee]

Re: Lowells £30 offer

Hi Everyone who was helping me through this post. Do I need to start a new post or keep with this one.

I am back form my trip now and as suggested I sent in a CCA to lowells and they have not provided proof within the 12 days as requested in the letter template. It was sent on the 8th of November

They have however offered a 40 % discount on the debt and then said in a following letter -said the following - " In the event we cannot obtain a copy of the agreement we will write again and inform you of this. once you have seen your credit agreement, we will ask you to pay your outstanding amount in full . "

Is there another template letter I can send them because they have not been able to provide proof in the allotted time ??

I sounds like they are going to come after me now.

As always I would like to say a big thanks to anyone who helps in these matter, it gives great comfort

Thanks
Smee

Tricky one. I would personally send the CCA if you are going to be away for that amount of time. You should have (as previously stated) the 12+2 days for them to reply in any case. If they have concrete evidence ( bearing in mind this is a DCA and honesty in playing fairly isnt a trait they know, or understand).

If you emigrate, as far as I know, I dont think they will chase you due too the costs involved (not 100%) but form experiences when I was in the forces, they basically gave up as 6 weeks in Canada, then back to Germany, then back to Canada...etc..you get the idea.

Id send the CCA just to see what they come up with.

Just started the ball rolling with ideal world/CCS (another thread) and so far its all lies..from them.

[nemesis45]

Re: Lowells £30 offer

Hi Everyone who was helping me through this post. Do I need to start a new post or keep with this one.

I am back form my trip now and as suggested I sent in a CCA to lowells and they have not provided proof within the 12 days as requested in the letter template. It was sent on the 8th of November

They have however offered a 40 % discount on the debt and then said in a following letter -said the following - " In the event we cannot obtain a copy of the agreement we will write again and inform you of this. once you have seen your credit agreement, we will ask you to pay your outstanding amount in full . "

Is there another template letter I can send them because they have not been able to provide proof in the allotted time ??

I sounds like they are going to come after me now.

As always I would like to say a big thanks to anyone who helps in these matter, it gives great comfort

Thanks
Smee

Hello Smee,

The 12 + 2 days timescale for compliance with a CCA request : The debt remains unenforceable only Until the agreement of a compliant reconstituted agreement is produced.
Unfortunately this can be left hanging like this for months or even years with no further communication as can be seen in the highlighted part of your post above.

nem

[Smee]

Re: Lowells £30 offer

Hello Smee,

The 12 + 2 days timescale for compliance with a CCA request : The debt remains unenforceable only Until the agreement of a compliant reconstituted agreement is produced.
Unfortunately this can be left hanging like this for months or even years with no further communication as can be seen in the highlighted part of your post above.

nem

Thank you Nemesis45

I have misunderstood the 12 +2 days situation. I had stupidly thought that if they could not produce then they could not enforce after that 12+2 day deadline . . . ooops. Silly me.

So do I now just wait to hear back from them? Do I also understand correctly that they could just file straight to the court without the agreement, now they know I am contesting their ownership of the debt.

Is their any legislation that can enforce them to disclose what they paid for the debt.

I can feel my blood pressure increasing as I type :-( :-( :-(

It is such a worry.

As always many thanks for all your help with this
best regards
Smee.

[nemesis45]

Re: Lowells £30 offer

Thank you Nemesis45

I have misunderstood the 12 +2 days situation. I had stupidly thought that if they could not produce then they could not enforce after that 12+2 day deadline . . . ooops. Silly me.

So do I now just wait to hear back from them? Do I also understand correctly that they could just file straight to the court without the agreement, now they know I am contesting their ownership of the debt.

Is their any legislation that can enforce them to disclose what they paid for the debt.

I can feel my blood pressure increasing as I type :-( :-( :-(

It is such a worry.

As always many thanks for all your help with this
best regards
Smee.

Hello Smee,

It is possible for them to issue a claim in the hope that either the agreement, or a compliant recon is found.
If they do this without the agreement they cannot enforce and if they do not reply to a defence then the court
will stay the claim

nem

[wales01man]

Re: Lowells £30 offer

They do not have to disclose how much they paid for the debt matters for nought they are in business to make profit and everyone they chase lives miserable