Lowell Portfolio - Credit File

yenool

Hanky_Panky wrote: »

yenool wrote: »

1) "No legal right no however why not co-operate ? Presumably you want them to accept reduced payemts, why make it difficult."
I wouldn't 'co-operate' and send them my personal info because it is non of their business what my personal income and expenditure is.
"(possibly but far from certain)."
Maybe your experience is different from mine, but if a debt has gone to a DCA it has been after the original lender has defaulted it. In all honesty if a debt has got to this stage the credit rating is usually a wreck anyway.

"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."

Nobody, you misread/interpreted what I meant to say. I was making the point that the court has a right to see the I&E to set the payments and the lender has no right to view such information.

"DCA agencies do not actually have much power(depends 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 !"

Ok, bullying tactics are sending out numerous threatening letters (often designed to look official), multiple phone calls (work,home, mobile, etc), and generally harassing people to pay even if they have been clear that they are not in a position to do so.
Also, are you suggesting that it is OK for them to chase debts which are not legally enforcable? And do you honestly believe these people care if the payments they demand are manageable? They are usually on commission !!!!!!.

"I'm sure they're fond of you!. Another sweeping statement that could have dire consequences for the OP as it is simply wrong."
I don't care if they are fond of me, they are scum, they have no power and they wont be getting any of my cash. Also, a sweeping statement maybe, but they simply will not go to court unless they are confident of getting something (which is why they often search CRAs).

"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 !"

It will cost them money to action it, they have to pay people to sort it out their end. Also, one can challenge, delay and demand copies of the documents you are entitled/proof of the debt, all of which costs them time and money. Again, in my experience these DCAs couldn't organise a P--- up in a brewery.

."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"

Not sure what I said that could lead to a negative impact for the future? My post is better than the self-righteous, defeatest clap trap you managed to come up with - "Send them all your personal info and then roll over and get shafted"..... yeah, nice one.

What axe do you have to grind yenool?

No axe to grind, just not completely naive - Banks, DCAs and other lenders never want to help customers. They are interested in profit thats all. If you think otherwise you are a fool.

JustinCredibleGillespie

It could fall into Statue Barred, if you havent acknowledged the debt within the last 6 years. There is also template letters on this site regarding the above.

yenool

Rwll_Goodchild wrote: »

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

No, tell them to f--- off. If the last payment was May 2005 that is over 6 years ago. Unless you have acknowledged a debt to them since that date, the debt is statute barred and unenforable.

Lowells are a bunch of chancerss and seem to specialise in this type of nonsense. The debt they are after may not even relate to your old account... could just be someone with a similar name or something.

Do not pay them a penny and do not communicate with them over the telephone. There is no point trying to be reasonable with these people; as you have already experienced all they want to do is get a credit card no or bank details from you so they can steal your cash. They don't give a flying f... if the debt is actually owed.
see the following for futher info:
http://www.consumeractiongroup.co.uk/forum/showthread.php?146530-Have-you-received-threatening-demands-for-debts-older-than-6-years

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758

Hanky_Panky

yenool wrote: »

Hanky_Panky wrote: »

No axe to grind, just not completely naive - Banks, DCAs and other lenders never want to help customers. They are interested in profit thats all. If you think otherwise you are a fool.

Thank you for giving me the best laugh today. You call me a fool and claim to not be naive when your posts and assumptioons are so full of holes it's almost a disgrace that you are allowed to post at all.

Go back to the CAG where you can wallow in your own self pity and see what else you can [EMAIL="b@lls"]b@lls[/EMAIL] up.

kempocab

Reading your posts, I think the two of you should calm down a little and accept that we all have our opinions, none of which are definitive.

I have had some history with dealing with debt collectors from my own foolish spending and more recently some old debts for my wife.

I have dealt with debt collectors who have been very understanding and helpful as long as I have been co-operative and kept up any arrangements. I have a CCJ that will come off my credit file in December this year which will leave me with a good file (through hard work). I will then be bad debt free.

I have however come across two very unprofessional debt collectors.
Capquest - who tried to pursue me for an apparent Littlewoods catalogue debt. I never had catalogue, I had to get the police involved to prove this one (victim of identity theft). They also tried to pressure my wife into paying a stat barred debt that she have informed them was stat barred. They told her that they will still chase her for the money and will send bailiffs if she refuses to pay. I had to write a letter pointing out that attempting to collect a debt that is stat barred and proven so, constitutes harassment and that the company and any individual employee that telephones, writes or dares to knock on our door would be reported to the police and all relevant governing bodies.
They eventually wrote back to say that they had cancelled the debt, and the decision was on a commercial basis only.

Lowell - We are disputing capital one credit card charges for my wife. They ignore letters, fail to carry out promised investigations, amounts go up and down on a weekly basis. I have asked them to take my wife to court so the matter can be settled. If we were to lose I would pay immediately, therefore avoiding a CCJ on my wife's file. Lowell ignored my request and instead continue to said letters and offers. We ignore them now as we WANT to be taken to court for it.

I can understand people's frustrations with debt collectors, I have seen a lot of shocking practises. But I do believe that where a debt is valid, people should try to work out away to pay rather than hide. If a debt is valid and proved to be, then a debt collector is justified in pursuing you to get payment. It is when it is not valid or in dispute that these debt collectors seem to behave poorly.