Lowell Portfolio I

Charliebrown

Hi, wonder if some one could advice me what to do next.
I received a letter at the end of June 09 from Red Debt Collection Services, saying that "they have been appointed duly authorised collection agent for Lowell Portfolio I Ltd and instructed to recover the outstanding monies due to their client (Capitol One)". Naughty I know but I ignored this letter.
About 2 weeks later another letter arrives from Red Debt Collection Services, without going into to much detail, the letter said "they were disappointed that I had not paid the outstanding debt".
While contemplating what to do next, 1 week later I receive another letter, this time from Lowell Portfolio I (who are Red Debt Collection Services). In this letter they state, "they are writing to offer me a unique solution to the outstanding debt I have with their client Lowell Portfolio I Ltd, by giving me the opportunity to bid and buy back my account". Unusual, never heard this done, although it was a nice gesture, I didn't particularly want to bid or buy it back, as I have an idea it is over 6 years old & possibly Statute Barred. So I sent of a CCA request, to find out exact details.
Well what a surprise about a week later I receive 2 letters, dated the same. Letter 1 states "they are in receipt of my request for a copy of the credit agreement, and are requesting a copy from the original lender".
Letter 2 states "after liaising with Capitol One in an effort to obtain the credit agreement they have been advised that it is no longer available, due to the length of time since the account was opened".
So now I would like to know what the best course of action is.
1. Do I just leave it until they can produce a credit agreement if any,
2. Do I write back after the 42 day thing, stating that they are in default of my request.
3. Should I write back telling them to stop processing my data.
Not sure how to proceed from here, any help would be gratefully received.
Many Thanks
Charliebrown

fermi

I would just wait to see if you hear anything else from them.

If they make any attempt to collect or ask for payments without the CCA then just send something like:

I refer to your letter dated ****Date**** in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974.

However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

You should also note that the OFT has recently confirmed in the restrictions placed on Mackenzie Hall LTD, that they consider a debt to be in dispute upon a failure to comply with a lawful request under s77/78 CCA 1974. As you are aware, no collection activity is permitted where a debt is reasonably disputed.

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

Yours...........

Charliebrown

Will I have more letters from other DCA's for the same debt, will they continue to process my information?

Charliebrown

Hi, quick update on situation.
Received another letter from Lowell 31/07/09, stating:-

"Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client Capitol One has requested that your credit agreement be retrieved from archive.
Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest".

That's nice, first they say they wont make any contact, regarding payment unless a copy of the credit agreement is received. Then I get this lovely worded non threatening letter.
Think I will just wait to see if they can produce a copy of the credit agreement. Is this right or wrong, if anyone has any advice then it would be gratefully received.
Many Thanks
Charlie

Charliebrown

Hi all just a quick update.
Sent off a CCA request on 17/07/09, to Lowell now received back today, paperwork. Only thing is, the paperwork that has my signature on I think is the application form, as it has "Application form" at the top left hand side (unable to post attachment).
Also the terms and conditions which appear to be very neatly typed out & on separate sheets of paper, have what appears to be date on the bottom right hand side "20.01.04" &
the date on the alleged CCA, which I think is the application form is 18/07/00. the dates don't seem to match. Anyway, I am pretty sure that I have not made any payment or acknowledged any debt since December 2002, so think it is statute barred.
Please could anyone advice on the best way to proceed.
Regards
Charlie