Lowell Debt Collectors

Nicki1968

Hi,

Just wanted a bit of advice, my sister has just received a letter from Lowells, it is regarding a c/c debt with HSBC for £2312.70, after having many personal problems with money etc HSBC defaulted the account in Apri 2008, she tried last year to come to an arrangement with them to pay, even small token payments to start resolving the debt, they told her that they would be in touch........she told me all about her debts etc and the mess she was in but that she had been paying all her other debts but this had been forgot.

She rang Lowell to see what sort of repayment plan she could set up, they started interogating her with lots of questions, employment, contact numbers, etc etc.....she was a bit overwhelmed when they said it would need to be paid within 6 months if she couldn't clear the balance, my sister does not have the money to pay it nor be able to afford the minimum of £285 they were asking for, when she said she couldn't afford that they said her last payment was for £119 to HSBC and they would accept that but it would take nearly 2 years to pay it off!!!!!!

She is just about keeping her head above water. I just wish i was able to help her, which unfortunately i am not in a position to at the moment.

What would be her next step, they said they had accessed her credit file to see what her current commitments are, so they are aware she is paying other debts, yes? Should she be realistic and offer them token payments at the current time and hope they will accept that, i said i thought as long as she was able to offer them something each month then hopefully they will accept that?

Any help or advice would be appreciated.

Tixy

Hi

Ok, first suggest to sister that she doesn't call them again. Much better to deal with firms like this by mail. If they ring her get her to ask them to write and don't enter into a discussion with them (if the start calling a lot there is a template she can send to stop calls).

Does she think the balance they are asking for is correct?

Assuming she is happy the debt is hers and its the correct balance then she can write to them to offer whatever amount she can afford a month (best to pay by standing order so also ask them for their details to set up a standing order).

They'll probably write back to say she needs to offer more or that they may take court action, but if its all she can afford just stick with it.

Eventually they'll probably accept it, as in the unlikely event they took her to court a judge would not order her to pay more than she can afford.

Nicki1968

Tixy wrote: »

Hi

Ok, first suggest to sister that she doesn't call them again. Much better to deal with firms like this by mail. If they ring her get her to ask them to write and don't enter into a discussion with them (if the start calling a lot there is a template she can send to stop calls).

Does she think the balance they are asking for is correct?

Assuming she is happy the debt is hers and its the correct balance then she can write to them to offer whatever amount she can afford a month (best to pay by standing order so also ask them for their details to set up a standing order).

They'll probably write back to say she needs to offer more or that they may take court action, but if its all she can afford just stick with it.

Eventually they'll probably accept it, as in the unlikely event they took her to court a judge would not order her to pay more than she can afford.

Thank you so much for your advice, it's pretty much the same i was thinking, she eneded the call rather quickly as didn't know what to say apart from she would look at her finances and call them back, they said she needed to call back tonight before 8pm. They sound like they were bullying her to be honest and my sister would certainly allow that to happen as she is very naive. I do wonder if they are allowed to behave in the way she said.

I told her that it was just a scare tactic and to take no notice. I will advise her to write to them as you have said and to stick to what she can afford, i pointed out there is no point making an agreement to pay if she cannot realistically stick to it.

Thanks again

Tixy

If she does have any bother with them, refusing to agree to her repayments, making unreasonable demands, constantly pressurising her to pay more etc then this could be useful
UPDATED OFT Guidance on Debt Collection - READ IF YOU ARE BEING HASSLED UNFAIRLY

jules1973

This just goes to show that DCA are not consistent. They bought a £4000 debt off shop direct last month and emailed me to discuss repayment. I emailed them back with offer of £40 per month which they accepted by letter within a few days without asking for any income/outgoing details or anything else.

Of course, it could go pear shaped. Everything else seems to....

Nicki1968

jules1973 wrote: »

This just goes to show that DCA are not consistent. They bought a £4000 debt off shop direct last month and emailed me to discuss repayment. I emailed them back with offer of £40 per month which they accepted by letter within a few days without asking for any income/outgoing details or anything else.

Of course, it could go pear shaped. Everything else seems to....

Thanks for your bit of info...yes it would seem that there isn't consistency with repayments, she is currently paying her Egg card which also went to default at £20 month which they are happy with.

After sitting and down and calculating everything she could just about manage £20 a month, which i suspect they won't accept without a fight.

I've said she is to send them a letter offering this and that she will only discuss the account via letter or email (i have given her a spare email address of mine to use). Will keep you updated to the response she receives, after much persuasion she gave them her mobile number (i told her she shouldn't have given them that) and when they asked about the landline she said she doesn't have one (how did they get her landline number i have no idea) but they quoted the correct number. :eek:

The other thing that concerned me was they are able to search her credit file as they please, as they are a DCA i am sure this is legal but will it not leave a footprint each time they look at it, on her already messed up credit file???????

chanz4

Their searches will be debtor searches and cant really do much about this, inregards to the landlines GB group and alike buy data from marketing companys. So when you tick a form which says your details maybe shared with carefull companys....welll anyone who will buy them.

fermi

Link ---> Can debt collection company legally access my credit report?

Nicki1968

Thanks for your replies, i have also found out today she also owes about £650 from going overdrawn with HSBC from the same time period, does she wait til they also start chasing for this or should she do the right thing and ask them to add the two debts together??

I am in the position where i have thankfully always paid what i owe, so to try and deal with all of this is all a bit new to me too... just want to help her and get it sorted as she is now in a terrible state with herself after the way they spoke to her yesterday.

Nicki1968

Hi everyone this is a copy of the letter my sister has sent Lowell, i told her pretty much what to write, this is a copy of the letter, i've posted it on here as i just wanted to ask if you thought it was the right wording etc. They have also sent her a text today saying she must phone them before 8pm tonight, i told her to ignore it as they should receive the letter anytime now.

Further to your letters dated 18th and 30th January, and our telephone conversation of 31st January. Please note the address you have sent the two letters is now a previous address and therefore please send all future correspondence to the address above.

I write to arrange to pay the amount outstanding, I have access to email and therefore ask that you now make all contact either by post to the address above or to ......................... I will not discuss the account via telephone and therefore ask you do not attempt to call or text me to the number you currently have on file.

Having assessed my financial situation I am in a position to offer £25 month initially to pay the amount due of £2312.70. My first payment of £25 will be made within 7 days of receiving confirmation from yourselves that the arrangement has been agreed.

I told my sister not to sign the letter but to print it, i just hope they don't start calling her and harrassing her, i think the amount she has offered is probably not going to be acceptable but she is going to struggle to pay this along with everything else. If they do come back with a NO what should be her next move?

Thanks all for your advice!