Lowell Portfolio I - I need advice!!

shelbut

Please can someone help?

I am new on here and I was hoping to get some advice about a 'so-called loan' I am supposed to have had.

I have had a couple of letters/phone calls from Red Debt Collection Services and McKenzie Hall on behalf of LOWELL PORTFOLIO I..

They say I owed the Abbey National 470.00 from a loan..
1st of all, I never took a loan out with the Abbey,

2nd, I have not had that account since 1999!

3rd, The details they gave me about the debt I contacted the Abbey Collections & recovery, and they have no record of me at all.

4th, RED, and McKENZIE HALL will not give me a contact number or anything for Lowell, I don't know how they are linked..

As far as I can find out Lowell may have bought this supposed debt from the Abbey, (even though have no debt!)

I have found an address for Lowell Portfolio I, but I would like advice on what I should do, McKenzie Hall are threatening taking me to court if I do not pay in two weeks...Is this legal?

..They have been so rude, I cannot talk to them!

Shelbut

Dylanwing

I did a search of Lowell on the Forums, and found this. Basically send this request with a £1 PO (NOT a personal cheque!) and see if they reply. In the meantime, if they call, tell tham that you have written asking for these details, do not acknowledge the debt, and ignore their threats. Do a search on the Forums here, stacks of info. and advice, and a link to the nationaldebtline stuff about these chasers. Wish I'd read it before my OH agreed to pay back an old debt!

Dear Sir or Madam

Account number - xxxxxxxxxx

This letter in no way acknowledges that I hold a debt with your organisation or any other.




With reference to the above account, I would like the following information provided to me at your earliest convenience.

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.

2. The deed of assignment allowing you to collect this debt

3. A statement of account

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.

Your faithfully



If they dont have the original agreement again, they dont stand a chance of claiming it! again outside the 6 year rule!

shelbut

Thank you Dylanwing...!

I will do that.. I have been searching all over the web for help and I also got these standard letters to send, what do you think?............


[IMG]file:///C:/DOCUME%7E1/COMPAQ%7E1/LOCALS%7E1/Temp/msohtml1/01/clip_image001.gif[/IMG]
CCA request sent to Lowell Financial enclosing £1.00

Sent Special Delivery Next Day as has extra benifit of recieving name and signature scan available on the web.


10April 2007

Reference: XXXXXXXX

CONFIDENTIAL

Lowell Financial
Enterprise House
1 Apex View
LeedsLS11 9BH

Dear Lowell Financial,

[FONT=&quot]Subject: Barclaycard[/FONT]

Consumer Credit Act 1974

I do not acknowledge ANY debt to your company. I require you to supply the
following documentation before I will correspond further on this matter.

With reference to the above agreement, I would be grateful if you would send me a 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. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act. Cheque No. 100679 should be used only for the purpose of complying with my request and should not be used to credit the alleged account.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.
Yours Sincerely

I think I will send a postal order instead of a cheque though...

I also saw this for people who may have owed the debt but its over the 6 yr limit.......



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SAMPLE LETTER H

Your Name:
Your Address:
Date

To:

WITHOUT PREJUDICE

Dear Sir/Madam
Account No:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that 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/we 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".
The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)






Again, thank you for replying to my post!


Shebut

SIGMA_3

I have today received a letter from red debt collection services their client Lowell Portfolio to send them a cheque for £248.615 as an early settlement figure on a debt of £497.23.
I am taking this letter to the police to register a attempted fraud

caz108

same thing happed to me Friday.

RED sent a letter demanding payment of a much discounted debt that has nothing to do with me or my address! dont know where they got my details from.

reported the matter to the police and the company the debt was created with.

today logged a complaint with the http://www.financial-ombudsman.org.uk/ got to be worth a try.

RED are not easy to deal with and will not tell you anything other than they want payment for the debt until you tell them the police are involved!!!