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# 1
Philius
Old 02-05-2007, 12:24 PM
MoneySaving Newbie
 
Join Date: May 2007
Posts: 12
Unhappy Pleeeease help

Hi,

Whilst I've only just registered, I've been lurking, reading and listening to the advice given for ages.

I've had a look around and can't find any threads where anyone is in the same sort of position as me, so I'm asking for any help you can offer.

In a nutshell......
I took out a 10k loan about 5 years ago and made payments for about a year before stopping paying altogether (unforseen circumstances). I haven't paid anything for 4 years and over that time the debt has been passed from DCA to DCA.

Recently I've started to get my life in order and have gradually paid off all of my credit card debts - totalling over 7k (which I'd also defaulted on) and am making moves to pay off the above loan.

I received a letter from the DCA - Lowell Financial (on behalf of Lowell Portfolio 1) detailing the debt (approx 9k) and telling me I had to call them. I wrote to them on 03/03/07 (using a template I found on this site ) offering a full and final settlement of approx 3500. They wrote back on 26/03/07 offering a f&fs of 8100 (with 28 days to pay). I wrote back that day saying I couldn't afford that much and could go up to 4k.

Then, on 18/04/07 I got a letter from Hamptons Legal (a trading style of Lowell Financial) threatening legal proceedings as I had failed to contact them. On 27/04/07 I got a letter from Lowell Financial thanking me for my correspondance and asking me to call them.

Yesterday I posted another letter to Lowell Financial stating that I could only communicate via letter.

The today I received another letter from Hamptons Legal (dated 30/04/07) saying that no further written warnings would be issued and they would start legal procedings unless I call them immediately.

Clearly I have been in contact with Lowell Financial for over 5 weeks and yet because I haven't contacted Hamptons Legal (the SAME COMPANY), they're trying to take me to court!

I don't know what to do, should I write to Hamptons Legal and tell them i'm already in communication with their client or what?

All I want to do is try and clear my debt - but they're making it so difficult to do so.

Please help - any advice appreciated.

Cheers

Philius
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# 2
Triker
Old 02-05-2007, 12:39 PM
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Join Date: May 2006
Posts: 7,047
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Hi Philius, welcome to the boards of DFW land.

Cannot offer any advice but others will be able to, just wanted to say hi.
DFW Nerd 267. DEBT FREE 11.06.08
Stick to It by R.B. Stanfield
It matters not if you try and fail,
And fail, and try again; But it matters much if you try and fail, And fail to try again.
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# 3
immoral_angeluk
Old 02-05-2007, 12:41 PM
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Posts: 23,621
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Write to hamptons eclosing photocopies ofd all you correspondance to lowell. Sent it recorded delivery and keep a copy...
Total Debt Nov '11 - 6801 Current Debt- 4380.81
~Target DFD Dec 2013~
This year is the year!
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# 4
immoral_angeluk
Old 02-05-2007, 12:41 PM
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Location: Usually behind my desk, drowning in paperwork..
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Quote:
Originally Posted by immoral_angeluk View Post
Write to hamptons eclosing photocopies ofd all you correspondance to lowell. Sent it recorded delivery and keep a copy...
sorry typing one handed feeding a baby lol
Total Debt Nov '11 - 6801 Current Debt- 4380.81
~Target DFD Dec 2013~
This year is the year!
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# 5
sammy115
Old 02-05-2007, 12:42 PM
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I would write to Hamptons Legals (recorded delivery) and enclose copies of all correspondence you have been having with Lowell Financial. It is quite obvious that they don't know their !!!! from there elbow!

Tell them you are dealing with Lowell Financial and to go away!
Quality is doing something right when no one is looking - Henry Ford
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# 6
medman
Old 02-05-2007, 12:43 PM
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Join Date: Dec 2006
Location: Location Location
Posts: 304
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I would write again and copy the letter to the legal dept keep copies of both letters yourself and send both by recorded delivery. Then if they carry out their threat of legal action you have some evidence that you have been acting in good faith. Normally threats like that are just a negotiating ploy.

Persist with your attempts to agree a f&f settlement and it should pay off. They are just trying to maximise their profit from the debt they have bought. Perhaps you could suggest that if they persist with such high demands you may be pushed into bankruptcy and they will then get very little indeed.

Good luck and best wishes.

MM

Last edited by medman; 02-05-2007 at 12:53 PM.
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# 7
petetidball
Old 02-05-2007, 12:45 PM
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Join Date: Sep 2006
Location: Dewsbury, Leeds
Posts: 141
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I don't really know the legal implacations, but I know that within organisations there tend to be communication problems between departments. If these are two seperate companies under the umbrella of another company, this may mean you need to be in contact with both branches, so a letter could be a good idea. As it is, you're not trying to run away from the debt as you're in contact with the DCA, so would being in contact with the legal arm be any major problem? That's my thought, someone else may know for sure.
:confused: Pardonez mois, mais votre cheval est dans mon cochon d'inde. :confused:

Proud to be dealing with my debts: DFW Nerd 610
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# 8
Philius
Old 02-05-2007, 2:00 PM
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Join Date: May 2007
Posts: 12
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Cheers for the advice guys - I'll dig out/print off all the correspondance this evening and send it to Hamptons Legal.

I'll keep you posted.

Cheers

Philius
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# 9
catewithers
Old 02-05-2007, 2:07 PM
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Join Date: Jan 2007
Location: Bristol
Posts: 467
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Just wanted to say hi and welcome. You're doing all the right things and I think medman's right - it's just bullying tactics. Keep your chin up and don't let them unnerve you.
Bankrupt 05.10.07

10 stone lost!!!

Only dull people are brilliant at breakfast.
Oscar Wilde
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# 10
Philius
Old 02-05-2007, 3:13 PM
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Join Date: May 2007
Posts: 12
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Hi guys,

As I'm totally useless at writing letters does anyone have any templates/ideas of what to write in this letter. I don't want to annoy them so much that they start legal procedings out of spite - but I would like to give them a getnle push away.

Does this look ok?.......

I write in response to your letter of 18/4/2007 with regards to me not responding to you with arrangements to settle the amount owing to your client.

As you will see from the enclosed copies of letters, I have been in contact with Lowell Financial with regards to the above account for well over 5 weeks. I am acting in good faith and trying to come to an arrangement to bring this matter to a close so would appreciate you bringing any intended legal action to a halt........


Any additions/deletions to be made?

Cheers

Philius
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# 11
Philius
Old 03-05-2007, 9:04 AM
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Join Date: May 2007
Posts: 12
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Any advice on the letter please guys - really want to get this posted at lunch.

Cheers

Philius
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# 12
philwiththepill
Old 03-05-2007, 9:20 AM
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Join Date: Nov 2006
Posts: 14
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Any letters you send make sure you send them recorded delivery and keep the receipts!!

Also send copies to all agencies concerned Lowell Financial, Hamptons Legal etc to keep them all informed.
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# 13
Francophile
Old 03-05-2007, 9:27 AM
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Join Date: Apr 2007
Location: Northern Ireland
Posts: 743
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Hi Philius,
I can't pretend to be any kind of expert but in the absence of any other recommendations at the minute and so you know you're not alone , your letter sounds all right to me. I don't think you'd be upsetting them but you've made the position clear.
Good luck. Hope you get it sorted.
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# 14
Sus1e
Old 03-05-2007, 9:46 AM
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Join Date: Jan 2007
Posts: 233
Default

Quote:
Originally Posted by Philius View Post
Hi guys,

As I'm totally useless at writing letters does anyone have any templates/ideas of what to write in this letter. I don't want to annoy them so much that they start legal procedings out of spite - but I would like to give them a getnle push away.

Does this look ok?.......

I write in response to your letter of 18/4/2007 with regards to me not responding to you with arrangements to settle the amount owing to your client.

As you will see from the enclosed copies of letters, I have been in contact with Lowell Financial with regards to the above account for well over 5 weeks. I am acting in good faith and trying to come to an arrangement to bring this matter to a close so would appreciate you bringing any intended legal action to a halt........


Any additions/deletions to be made?

Cheers

Philius
I would word it:
I write in response to your letter of 18/4/2007 with regards to my failure to respond to you with arrangements to settle the amount owing to your client.

As you will see from the enclosed copies of letters dated X,Y, Z , I have been in contact with Lowell Financial with regards to arranging a settlement on the above account for well over 5 weeks.

I am acting in good faith in trying to come to bring this matter to a close and as such I would appreciate you reconsidering your intention of continuing with any intended legal action........

I hope this helps you

Last edited by Sus1e; 03-05-2007 at 9:47 AM. Reason: Typo's (too early in the morning)
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# 15
Philius
Old 03-05-2007, 10:09 AM
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Join Date: May 2007
Posts: 12
Default

Thanks guys - Much appreciated

Philius
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# 16
NormanK
Old 04-05-2007, 10:05 AM
MoneySaving Newbie
 
Join Date: May 2007
Posts: 2
Smile Snap!

Quote:
Originally Posted by Philius View Post
Hi,

Whilst I've only just registered, I've been lurking, reading and listening to the advice given for ages.

I've had a look around and can't find any threads where anyone is in the same sort of position as me, so I'm asking for any help you can offer.

In a nutshell......
I took out a 10k loan about 5 years ago and made payments for about a year before stopping paying altogether (unforseen circumstances). I haven't paid anything for 4 years and over that time the debt has been passed from DCA to DCA.

Recently I've started to get my life in order and have gradually paid off all of my credit card debts - totalling over 7k (which I'd also defaulted on) and am making moves to pay off the above loan.

I received a letter from the DCA - Lowell Financial (on behalf of Lowell Portfolio 1) detailing the debt (approx 9k) and telling me I had to call them. I wrote to them on 03/03/07 (using a template I found on this site ) offering a full and final settlement of approx 3500. They wrote back on 26/03/07 offering a f&fs of 8100 (with 28 days to pay). I wrote back that day saying I couldn't afford that much and could go up to 4k.

Then, on 18/04/07 I got a letter from Hamptons Legal (a trading style of Lowell Financial) threatening legal proceedings as I had failed to contact them. On 27/04/07 I got a letter from Lowell Financial thanking me for my correspondance and asking me to call them.

Yesterday I posted another letter to Lowell Financial stating that I could only communicate via letter.

The today I received another letter from Hamptons Legal (dated 30/04/07) saying that no further written warnings would be issued and they would start legal procedings unless I call them immediately.

Clearly I have been in contact with Lowell Financial for over 5 weeks and yet because I haven't contacted Hamptons Legal (the SAME COMPANY), they're trying to take me to court!

I don't know what to do, should I write to Hamptons Legal and tell them i'm already in communication with their client or what?

All I want to do is try and clear my debt - but they're making it so difficult to do so.

Please help - any advice appreciated.

Cheers

Philius
I've just received 330/659/HCLC3DEF.
These appear to be computer generated letters.
The previous ones were 7 days notice. This is 3 days notice.
It also says that "No Further written reminders will be sent to you."
Not sure why the capital 'F'.
I reply by e-mail but they just ignore my communications and send the next letter in the series. This has been going on since November 2006.
My experience is if creditor banks go ahead with court action, they don't bother to attend the hearing and I just set my repayment at 5 per month.
I believe this can all be dealt with on-line now.
I believe that they pay 5% of the value of the debt.
Check to see to whom you owe the money.
If it was a credit card company, contact them for a letter stating to whom they sold the debt and ask for a copy of the original agreement which you signed with them.
Remember limited companies are legal entities.
Lowell Group PLC, Lowell Portfolio I Ltd, Lowell Portfolio II Ltd and Lowell Financial Ltd are all separate entities. They need to produce proof if they have transferred the debt to another company.
Stick to written communication.
Remember the old saying "A verbal contract is not worth the paper it's written on!".
Good luck.
Norman.
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# 17
Philius
Old 04-05-2007, 12:00 PM
MoneySaving Newbie
 
Join Date: May 2007
Posts: 12
Default

Quote:
Originally Posted by NormanK View Post
I've just received 330/659/HCLC3DEF.
These appear to be computer generated letters.
The previous ones were 7 days notice. This is 3 days notice.
It also says that "No Further written reminders will be sent to you."
Not sure why the capital 'F'.
I reply by e-mail but they just ignore my communications and send the next letter in the series. This has been going on since November 2006.
My experience is if creditor banks go ahead with court action, they don't bother to attend the hearing and I just set my repayment at 5 per month.
I believe this can all be dealt with on-line now.
I believe that they pay 5% of the value of the debt.
Check to see to whom you owe the money.
If it was a credit card company, contact them for a letter stating to whom they sold the debt and ask for a copy of the original agreement which you signed with them.
Remember limited companies are legal entities.
Lowell Group PLC, Lowell Portfolio I Ltd, Lowell Portfolio II Ltd and Lowell Financial Ltd are all separate entities. They need to produce proof if they have transferred the debt to another company.
Stick to written communication.
Remember the old saying "A verbal contract is not worth the paper it's written on!".
Good luck.
Norman.

Cheers Norman - very useful info!
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# 18
ratttyo
Old 05-05-2007, 9:20 AM
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Join Date: Aug 2006
Posts: 105
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Be very careful of this company. They started send ing me in letters a few months ago and they are a bunch of pests!

http://www.consumeractiongroup.co.uk...ulnerable.html
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# 19
taxi73
Old 05-05-2007, 9:38 AM
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Join Date: Oct 2006
Location: Blackpool
Posts: 20,633
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Hi I just wanted to say welcome.The above posters have offered good advice about sending the letter to both companies recorded delivery and yes that letter is fine
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# 20
Philius
Old 08-05-2007, 12:38 PM
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Join Date: May 2007
Posts: 12
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Quote:
Originally Posted by ratttyo View Post
Be very careful of this company. They started send ing me in letters a few months ago and they are a bunch of pests!

http://www.consumeractiongroup.co.uk...ulnerable.html
Thanks for the advice.

I sent my letters off last week, and after checking this morning, they've both been received and signed for.

Sit back and wait for a response now I guess.....
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