Lowell Financial

ratttyo

Been receiving letters lately from these people. Not been back in the Uk long and rented a flat out so they have caught up with me fast.

It concerns a Capital One card i havent paid ..Last payment made was 2001 sometime.

Anyway they want 768 pounds of me which I dont have.

the letter goes like this

Final Notice

Our agent has failed to make contact with you and as a legal requirement we must now inform you that 7 days from this letter we intend to instruct our legal department to review your account.

This may involve applying for a county court judgment to be registered against you, if successful, dependent on your circumstances we will enforce the judgement by one or more of the following steps.

1 Instructing a bailiff or sheriff to remove goods from your premises
2 Obtain a charge aginst your property.
3 Deuct payments directly from your salary through your employers
4 Obtain payment s directley from your bank account
5 Request your attendance at court fro examination of financial means.


The thing is I dont know how the payment has got so high. The card if i remember rightly only had a 300 limit on it. They want 768??

The wording of the letter sounds like a bit of a con trick to me. ?/

Any advice would be very much appreciated..Thankyou!

mrsspendalot

It has probably been built up through charges - non payment charges, interest and other penalties if you haven't had anything to do with them for so long.

With it being 2001 I would suggest trying to find out the exact date of your last payment and then making sure it is 6 years past, because if it is, from what I have read on here, they have no legal claim on the debt as it is over 6 years old - do not acknowledge any debt to them or you start the 6 year period all over again. I'm sure someone more experienced than me will correct me if I am wrong on this though.

ratttyo

Obviously sending them a letter in the post is acknowledging the debt. But how about if the send someone round the door in the near future. I want to firstly find out the exact amount I owe breakdown of all the charges. Someone surley just cant turn up and say you owe that. Before I know they could have been charging for all sorts I dont have to pay. Plenty people on here are recliaming Bank and credit card fees back of these companies anyway. How do i find out exactly wen i paid this without getting in contact with them...

Whats considered legal contact....On the the phone....at the front door acknowledging your that person....surley you would have to put something down in writing?

ratttyo

In writing is obviously contact? Is there anything else thats considered legal contact? IE. On the phone. Someone at your front door and you acknowledge your the person who owes the debt? Before I start getting involved with these people I want to know where I stand. Get in touch with Capital 1 and find out when i made that last payment! It was definitley very near to 6 years ago.

FatJock

Rattyo,

There is a template letter somewhere on this board that will allow you to enquire about the debt without actually admitting liability for it. It starts something like 'Without Prejudice'.It allows you to request proof of what the debt is.

Once they provide this information you can act accordingly If it falls outside the 6 year rule then you can argue that you do not have to pay. If if falls within the 6 years then you can (possibly) come to some arrangement.

I'm sure someone will provide a link to the letter later on.

Hope this is useful.

Regards,
FatJock

ratttyo

i'd like to get some proof of this debt. How can I do that then? Where do I get the old paperwork from ?

danno_4

Hi Mate
now llowell very well,always use the same tacticts,Dont think for one minute that they are goining to start procedings for 700,mind they are very good blufers.
good luck mate
danno

BAILIFFCHASER

ratttyo wrote: »

Been receiving letters lately from these people. Not been back in the Uk long and rented a flat out so they have caught up with me fast.

It concerns a Capital One card i havent paid ..Last payment made was 2001 sometime.

Anyway they want 768 pounds of me which I dont have.

the letter goes like this

Final Notice

Our agent has failed to make contact with you and as a legal requirement we must now inform you that 7 days from this letter we intend to instruct our legal department to review your account.

This may involve applying for a county court judgment to be registered against you, if successful, dependent on your circumstances we will enforce the judgement by one or more of the following steps.

1 Instructing a bailiff or sheriff to remove goods from your premises
2 Obtain a charge aginst your property.
3 Deuct payments directly from your salary through your employers
4 Obtain payment s directley from your bank account
5 Request your attendance at court fro examination of financial means.


The thing is I dont know how the payment has got so high. The card if i remember rightly only had a 300 limit on it. They want 768??

The wording of the letter sounds like a bit of a con trick to me. ?/

Any advice would be very much appreciated..Thankyou!

use this template and do it word for word !!!! does the letter have a payment slip attached to it this will come in handy !!!!!! Trust me !!!!!


Dear sir/madam

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.




enclosure cheque number


Trust me they will not have a executed agreement anywhere. If they do then the satut limit comes in. As long as when you contact them you clearly make sure you start by saying i do not acknowledge this debt.

lixi

Have a look at the following website which is more suited to your needs

http://www.nationaldebtline.co.uk/england_wales/forms/sample_letter_h.php

Lixi

lowellsucks

Christ, how many bloody threads does this guy have to start about the SAME £768 debt???????????????

Roby

I just received letter from Lowell Financial 1 asking me to pay an old debt of 32500 pound that I couldn’t finish to repay back because I had to leave the country for personal reason. That was 6 year ago. While I was abroad I paid some of the rates. I back in UK last year and the first thing I have done was to walk in a Barclays bank and ask what I could do. They say that insurance was covering my debt so not to be worry.
Now the Lowell Financial1 asking me the full amount that obviously I don’t have.
There is any one can give me some advice? Many thanks
Roby