Lowell Financial

nigelb4873

Hi Everyone,
I use to work for a US Company in the UK and had a mobile phone with Vodafone, I use to put the bill in with the expenses and the company paid it. That company has gone bust over 3 or 4 years ago now, the company didn't pay the last two bills totalling 820 and as a result I am being chased. I have had a really s**ty letter from the company calling themselves Lowell Financial and they have said that they have looked at my credit report and could take me to court and get CCJ against my name or even apply for enforcment which may mean that the debt is secured against my home or even may end up with me losing my home. Can these idiots do this??? Any advice will be greatfully received as always.

I did get one a CCJ against my name regarding the Water company and that is all paid off now after agreeing with the court what i could afford to pay.:T

Many Thanks
Nigel

Jon_01

Who took out the contract ? You or the company you worked for?

nigelb4873

Hi Jon, I did originally but I got the phone transferred to the company in the end about a year before the company went bust, not sure what I have done with that paperwork but I filled it all in and sent it off to the company.

thatsean

So if it's in the name of your old employer then it's not your debt. Search on here for the 'prove it' letter.

If it is in your name, yes, eventually some of the things on the letter can happen. I've dealt with Lowell myself as you'll see on the DFW board, and despite the shouty letters, they aren't the worst to deal with.

If you're sure you owe the money, and can afford to make an monthly/reduced full and final offer of payment then I'd say do so, but not until you've confirmed whose name the contract was in.

Ultimately, for #800 it is worth their while taking you to court - but like any DC, if they think you are playing ball they will usually leave you alone.

nigelb4873

Hi, I found this letter;

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to <creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully




Mrs A N Other

Is this the letter to send to them?

Thanks Again Nigel

thatsean

No, that's the statute barred letter for debts over 6 years old - you want the 'this debt isnt mine, prove it ' letter

nigelb4873

Hey Sean, I have tried looking for that letter but I am not sure where it is, can you give us a clue please? Cheers Nigel

Silk

nigelb4873 wrote: »

Hey Sean, I have tried looking for that letter but I am not sure where it is, can you give us a clue please? Cheers Nigel

Try this one

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully

Vodafone

nigelb4873 wrote: »

Hi Everyone,
I use to work for a US Company in the UK and had a mobile phone with Vodafone, I use to put the bill in with the expenses and the company paid it. That company has gone bust over 3 or 4 years ago now, the company didn't pay the last two bills totalling 820 and as a result I am being chased. I have had a really s**ty letter from the company calling themselves Lowell Financial and they have said that they have looked at my credit report and could take me to court and get CCJ against my name or even apply for enforcment which may mean that the debt is secured against my home or even may end up with me losing my home. Can these idiots do this??? Any advice will be greatfully received as always.

I did get one a CCJ against my name regarding the Water company and that is all paid off now after agreeing with the court what i could afford to pay.:T

Many Thanks
Nigel

Hi Nigel,

Thanks for making me aware of your concerns.

If you'd like me to take a look at matters for you could you email me with the relevant details via the link in our profile here?

All you need to do is copy and paste the link into your web browser and it will take you to the Contact us form on our website.

To ensure that it reaches us could you also quote the code WRT135 - MSE in the subject line and once our automated reply arrives update the thread with your email reference number and I'll get back to you as soon as possible?

Kind regards,

Lee

Web Relations Team

Vodafone UK