Lowell Portfolio - Credit File

stclair

daveyweir wrote: »

Wow. How wrong is that.

I didnt think they had to produce one any more they can reconstitue one or has it changed now??

Has there been a another court case if so could you provide the details the information would be useful to someone I know.

daveyweir

stclair wrote: »

I didnt think they had to produce one any more they can reconstitue one or has it changed now??

Has there been a another case if so could you provide the details the information would be useful to someone I know.

Im unsure pal, that was merely my opinion!

Another opinion - How wrong is it that the people are constantly losing cases through confusion, or through "computer systems" not being updated properly etc.

I don't want to hijack this thread at all, but my case with o2 is scandalous. I followed their return instructions. I am now left with a bill of £714 reduced by 25% on the orders of Otelo, and a default on my credit file.

Lowell are the people who "own" the debt.

Hanky_Panky

To get back to the OP - there is some really daft advice on this thread - 'just ignore it it will go away', 'tell them to kiss your @rse' etc etc.

Please remember that however you feel about dca's and lenders in general they are accepting reduced payments from you and are quite entitled to ask you to justify the payment you are making. There are two ways to do this; easy or hard. easy - co-operate, demonstrate that you cannot afford more and complete and income and expenditure form or, hard, be obstinate, don't cooperate and force them to take further action. I know I would choose easy every time. Sure they may not take any further legal action however it is very easy to issue a summons these days and they are very good at it plus with almost no effort at all they can issue a default if you haven't already had one. Once legal action has been taken the court can then force you to complete an I&E anyway so why not do it without the pain ?

Please also remember that there are many people on here who have axes to grind so their 'advice' may be suspect.

Good luck.

daveyweir

Hanky_Panky wrote: »

To get back to the OP - there is some really daft advice on this thread - 'just ignore it it will go away', 'tell them to kiss your @rse' etc etc.

Please remember that however you feel about dca's and lenders in general they are accepting reduced payments from you and are quite entitled to ask you to justify the payment you are making. There are two ways to do this; easy or hard. easy - co-operate, demonstrate that you cannot afford more and complete and income and expenditure form or, hard, be obstinate, don't cooperate and force them to take further action. I know I would choose easy every time. Sure they may not take any further legal action however it is very easy to issue a summons these days and they are very good at it plus with almost no effort at all they can issue a default if you haven't already had one. Once legal action has been taken the court can then force you to complete an I&E anyway so why not do it without the pain ?

Please also remember that there are many people on here who have axes to grind so their 'advice' may be suspect.

Good luck.

An excellent post.

jackjones01

stclair wrote: »

I didnt think they had to produce one any more they can reconstitue one or has it changed now??

Has there been a another court case if so could you provide the details the information would be useful to someone I know.

I requested a CA from Moorcroft and they quoted that case to me in their reply to my request. I am going get in touch with the CAB next week. :eek:

nottoolate

worth reading

http://www.bbc.co.uk/news/business-13349239

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

m00m00

The cases mentioned are where the bank or dca is the defendant and there is a muchlighter burden of proof. attempting to write off a debt is. wrong, when there is clear proof.

I know more about this than most as I have taken a bank and dca to court and won. very straightforward though. the bank had registered a ccj and default, only problem for them was that I had never had an account with them. they spelt my name wrong, got the address Wrong, so really couldn't lose. They lost though, cost them a few quid too. default and ccj removed within a week. Judge was not amused with the bank.
back now to 6 years of green zero, and the bank, well they keep spamming me card offers.

yenool

Hanky_Panky wrote: »

To get back to the OP - there is some really daft advice on this thread - 'just ignore it it will go away', 'tell them to kiss your @rse' etc etc.

Please remember that however you feel about dca's and lenders in general they are accepting reduced payments from you and are quite entitled to ask you to justify the payment you are making. There are two ways to do this; easy or hard. easy - co-operate, demonstrate that you cannot afford more and complete and income and expenditure form or, hard, be obstinate, don't cooperate and force them to take further action. I know I would choose easy every time. Sure they may not take any further legal action however it is very easy to issue a summons these days and they are very good at it plus with almost no effort at all they can issue a default if you haven't already had one. Once legal action has been taken the court can then force you to complete an I&E anyway so why not do it without the pain ?

Please also remember that there are many people on here who have axes to grind so their 'advice' may be suspect.

Good luck.

They can ask you to complete an income & expenditure form but they have no legal power to force you or legal right to see one.
The chances are that if they are accepting a lower payment then a default will have already been issued, so there really isn't a whole lot to lose anyway. If it went to court then you would have to do an I&E form, but this would be for the court/judge to set the payments and not the lender. The lender has no right to see any details about personal finances.

DCA agencies do not actually have much power and they rely on bully boy tactics to intimidate people (often in vulnerable situations) into paying. This is usually regardless of circumstances; they don't care whether or not the debt is just or legally enforcable, or if the payments they demand are actually manageable.

Lowells are basically scum. They wont go near a court unless they can see you have lots of money or a house with equity or something else they can use as leverage to get payment. Also, if it does go to court it would cost them money and assuming you defend they would have to produce the correct docments and what not....... all quite unlikely really.

The consumer action group forum is worth a look for advice on this type of issue as well. MSE is great but when it comes to debt/DCA and whatnot, some people here can be a bit self righteous at times........... it is always do as I say not as I do.

Hanky_Panky

yenool wrote: »

They can ask you to complete an income & expenditure form but they have no legal power to force you or legal right to see one. No legal right no however why not co-operate ? Presumably you want them to accept reduced payemts, why make it difficult.
The chances are that if they are accepting a lower payment then a default will have already been issued, (possibly but far from certain)so there really isn't a whole lot to lose anyway. If it went to court then you would have to do an I&E form, but this would be for the court/judge to set the payments and not the lender. Who suggested that the lender/dca sets the payment ? It's up to the OP to justify the reduced payment together with an I&E to back up that offer.The lender has no right to see any details about personal finances. People are typically happy to divulge this information when applying for a loan so see no reason why, when trying to negotiate REDUCED payments they do the same.

DCA agencies do not actually have much power(dpends what you mean) and they rely on bully boy tactics to intimidate people (often in vulnerable situations another sweeping statement!!) into paying. This is usually regardless of circumstances No; they don't care whether or not the debt is just or legally enforcable,Why should they ? or if the payments they demand are actually manageable. More sweeping generalisations !

Lowells are basically scum. I'm sure they're fond of you! They wont go near a court unless they can see you have lots of money or a house with equity or something else they can use as leverage to get payment. Another sweeping statement that could have dire consequences for the OP as it is simply wrong. Also, if it does go to court it would cost them money Dreadfully inaccurate - actually it would cost the OP more as all costs would be added to the outstanding balance and assuming you defend they would have to produce the correct docments and what not....... all quite unlikely really. All quite likely actually !

The consumer action group forum is worth a look for advice on this type of issue as well. MSE is great but when it comes to debt/DCA and whatnot, some people here can be a bit self righteous at times........... it is always do as I say not as I do.Seeing as you have quoted me I will take excpetion to this. It's actually about ensuring the OP gets good advice on how to deal with their debts - you don't have to agree with me - that's OK, however I will respond when I see frankly ridiculous 'advice' given to people that could have a very negative impact on their future[/QUOTE]

A great example of the type of post I referred to previously. Dreadfully inaccurate information that could end up costing the OP a whole lot more simply because they didn't co-operate.

What axe do you have to grind yenool ?

Rwll_Goodchild

Hi,

In about June last year 2010 I received a letter from Lowell claiming I owe Capital one almost £900. I phoned them up and they informed me that the last payment that was made to Cap One was in May 2005. I informed them that I did have a Cap One card but paid the balance off and cancelled the card in 2005 and that I hadn't received ANY communication from Cap One since I closed my account with them. The guy on the phone was saying it was still my debt and even accused me of moving about to avoid debt - one of the addresses he gave me as one of my previous addresses I have NEVER even heard of... So I told them I wasn't convinced this was my debt and told them to prove it was mine. They wrote to me about a month later and said Cap One had all the documents not them, so I did a bit of looking round and sent them a "prove it" sample letter. I never heard back from them until this morning when I got a letter stating

They are here to help, that I need to contact them to arrange a payment arrangement and that if I do this and keep to the payments I wont receive any further letters or phone calls from them or third party debt collectors and that they will not take further action against me.

Can they do this, I have no proof that this debt is mine - as far as I am concerned I have only ever had one credit card and this was settled and cancelled in 2005.

Any help/advice would be fab.

Thanks