Lowell Help!

smeleanora

Hi everyone, 
I've had a look through several old threads but can't seem to find anything to any advice that may help me at the moment! 
Lowell have taken on my partners old Capital One debt. He defaulted in October 2018 and they took over the account in December 2019 and phoned where (in his words) they bullied him into setting up a £150 a month repayment plan to clear the debt. This amount was far too much in comparison to his income/outgoings so he didn't pay the first payment and they've continued to chase and harass him since. In January we wrote to them and asked to see proof of the indebtedness to Lowell as my partner had received no communication that it was being sold. 
They replied to this letter and sent a copy of the terms and conditions of his original debt with Capital One (where there is no mention of selling on debts that go into default) and his entire credit card statement dating back to 2011 when he took out the card. My partner replied to this and said he still hadn't recieved proof that they have taken on the debt and today they send the attached...
Is it just me or does it not look very legitimate? Can this be classed as proof of indebtedness?
Any help would be gratefully received.

sourcrates

Hi,
Typical welcome letter from the Leeds losers, sorry, Lowell portfolio one limited.
Proof of liability usually consists of a consumer credit agreement, or copy there of, a list of terms and conditions is to be welcomed, but is not in itself proof of anything.
They must provide evidence when asked to do so.

Your partner should stay off the phone to Lowell, anything to do with debt is best done in writing, write and thank them for attempting to provide evidence of liability, and failing miserably, tell them the debt currently remains unenforceable due to them not supplying the correct paperwork, and if at some later date, they are able to provide it, then we can have a conversation, until then, please do not contact me again about this matter, goodbye.

RecentPost

My experience with Lowell is if you set up a payment plan you can go on their website and put down as little as a pound and they will never question this. Assuming they can prove the debt is owed.

charmed1318

My experience with Lowell has always been okay. Again, do it all in writing (letter/email/via website). I was paying £1 for a long while and then upped it to £4 when I could. They send the obligatory update your details, and they have never questioned/refused anything.  

fatbelly

So they've never provided a copy of the original agreement from 2011?

sourcrates

fatbelly said:

So they've never provided a copy of the original agreement from 2011?

From what i can gather it didn`t default till 2018, the original agreement was taken out in 2011.

Asked Lowell for proof in January this year, still not supplied.

Were you thinking the SB route ?

smeleanora

sourcrates said:

Hi,
Typical welcome letter from the Leeds losers, sorry, Lowell portfolio one limited.
Proof of liability usually consists of a consumer credit agreement, or copy there of, a list of terms and conditions is to be welcomed, but is not in itself proof of anything.
They must provide evidence when asked to do so.

Your partner should stay off the phone to Lowell, anything to do with debt is best done in writing, write and thank them for attempting to provide evidence of liability, and failing miserably, tell them the debt currently remains unenforceable due to them not supplying the correct paperwork, and if at some later date, they are able to provide it, then we can have a conversation, until then, please do not contact me again about this matter, goodbye.

Thank you for your reply! 

So, Would this constitute as proof of liability? This is what they sent in March. If so, We'll just set up a payment plan for £1 a month.

Thank again  

fatbelly

I was thinking of unenforceability under the Consumer Credit Act. but that is an apparently valid agreement dated 21/6/12. You did say 'his entire credit card statement dating back to 2011'
If you're happy that this agreement is for that card despite the date anomaly, then the whole thing is valid

Yes, you can go the token offer route but it will take 2933 months to pay the debt.
You could combine that  with a settlement offer at £750 if you have the cash and no other debts

Galloglass

Did you mean to leave the card number in the pic - very top left?

jazzyja

I had a debt with lowell some years ago and I have to say through gritted teeth they were probably one of the 'better' debt companies to deal with. I think I ended up paying something daft like £5 a month for about 8 years!! They never asked me to higher it. I just sent an income and expenditure form and said thats all I can afford and they accepted. Theyve never contacted me just sent statements every month 

sourcrates

Yep, that clearly states credit card agreement dosen`t it.