Urgent Please - lowells DCA

TopTrumper

Hello All,
1st post here. I owe lowells Debt collection agency £2350, they have said they will accept £1500 settlement, to which i accepted.
I am due to pay this money by card tommorow, (they have all my card details).
I have nothing in writing stating that the debt will be cleared when money is payed, just somebodys word on the end of the phone line.

1) Does this sound right, will i encounter any problems?

2) Should i have got something in writing?

3) Anybody else ever dealt with this company?

Regards All and thanks

oilrag

hey toptrumper

usually these companies record thier phone calls and make notes on some kind of system.

thanks to the wonderful data protection act you are allowed to see a copy of the notes on thier system.

I would assume that the person you spoke to would have written this on your case/file so give them a call and ask them to fax or email a copy which you can them keep incase they deny the £1500 settlement figure.

Also if thier calls are recorded then they will have to keep the phone call saved which states the settlement figure.

Im not sure how compliant they may be or even if as a DMC they need to take such measures but im sure they will need to.

also the other option is to ask them to send you a letter to confirm the settlement figure then take the money from you next week but if you have a fax that would be the easiest way and alos allow you to get rid tomorrow

hope that helps

RAS

Hi

First off, please never give your card details to a DCA. We have a number of instances of them taking more than they agreed. or taking the first payment and then extracting the rest later without explicit agreement.

Secondly, unless you have the fact that they agree that this is a full and final settlement in writing and that they will mark your account accordingly, you have no guarantee that they will do this. Again, what happens is that DCas mark the account as partially settled and sell on the remianing debt.

You need to ring National Debt Line and stop this whole process until you have sorted this out.

Finally, when was this debt incurred and have you requested a CCa to prove that Lowell have the right to collect the debt?

dotstar24

sounds dodgy to me. I'd want everything in writing.

TopTrumper

thanks for speedy replies.....what is a CCA??

stapeley

Ok you MUST RING BANK NOW ! stop this payment . DO IT NOW . This company will call the bank for payment today , but money will leave account tomorrow . I hope for your sake it has not gone out yet .

stapeley

Telephone promises by DCA are not worth the paper they are written on . Everything must be confirmed in writing . Please confirm you have stopped payment ! Once you have done this we will help you deal with LOWLIFE .

RAS

Consumer Credit Agreement.

If Lowell are collecting money from you for anything covered by the ACt that you took out before April 2007, they have to provide you with a signed copy of the CCa before they can legally pursue you for payment, if you ask for it.

Lowell are well known here for buying very old and unenforceable debts and debts without the legal paperwork that are also unenforceable.

stapeley

RAS , did you hear about the case on CAG ? Barclay card give up day before case , only had a illegible application form .

stapeley

YES , goes on a bit ,but in short .Collection agency withdrew from court case passed it back to BC , WHO APPOINTED NEW SOLICITORS .They took it to the wire before withdrawing day before the new court date .

TopTrumper

lads & lasses...thanks very much for your help, i just cancelled my debit cards in bank..now stage 2, this guy is going to ring me tommorow wanting to know why payment never left account.

So the plan is, to ask him for a CCa that is signed, and also accompany that (if provided) with full paperwork?, also, after ringing debtline, am i right to assume that the settlemnt they offer me has 28 days to pay up?