Can anyone offer advice Lowell Financial???

c00kiemonster_2

I hope the op dont mind me posting here about lowell portfolio.

I received a letter from the above today wanting to check as they have me on there records from a previous address from my forces days.
They want me to call them to confirm its me, they have also included a ref number which is obviously for an old, of which all are paid debt.

It states in the letter "If we do not hear from you we will assume the information to be correct and update our systems accordingly"

I feel if no contact is made then a new letter will soon follow with regards to the so called debt, I recognise the ref number but cant for the life of me remember what it was for.

I left the forces over 11 years ago so i have followed advice and bookmarked the links for the cca letter and statue barred letter
ready for the next level of the battle.

Most of all do not ring these people up right?

rog2

c00kiemonster wrote: »

I hope the op dont mind me posting here about lowell portfolio.

I received a letter from the above today wanting to check as they have me on there records from a previous address from my forces days.
They want me to call them to confirm its me, they have also included a ref number which is obviously for an old, of which all are paid debt.

It states in the letter "If we do not hear from you we will assume the information to be correct and update our systems accordingly"

I feel if no contact is made then a new letter will soon follow with regards to the so called debt, I recognise the ref number but cant for the life of me remember what it was for.

I left the forces over 11 years ago so i have followed advice and bookmarked the links for the cca letter and statue barred letter
ready for the next level of the battle.

Most of all do not ring these people up right?

Do NOT phone them.

Let them assume what they want - Assumptions mean nothing.

Wait until they write to you with details of any alleged debt.

They are well known for trying to collect 'debts' that are 'unenforceable through the courts' so we'll advise when you know something more concrete.

In the meantime let them spend the money on postage - not you.

c00kiemonster_2

Thanks Rog2.:T

I will hold fast for now and wait and see if there is a follow up letter from them:D

cm

Bluerover

Ha Ha a little update received a letter this morning saying they are willing to accept less than half the value of the "debt" as long a I pay swiftly other wise they want the full amount due. But no mention of them having the information requested inmy first letter ie proof of the debt.

I shall wait and see what happens, I think. The 14 days are up this Friday so I will send the 2nd letter then.

Unless any of you have other better advice?

Bluerover

No better ideas so I will send out the 12 + 2 day letter out.
This is the letter reccomended by Weller 711.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

Hopefully this will work.

Halifax_sux

should the previous post show:
Data Protection Act 1998 ?

Bluerover

Hello A little bit more advice please :beer: today received a letter from Lowell, saying
We refer to your request of the orginal agreement in respect of credit act 1974
After liasing with our client in an effort to obtain this document we have been advised that this is no longer avalable.
Under the circumstances we have closed out files in relation to this account which has now been returned to our client. We can donfirm no firther contact will be made by us regarding this account.
We trust the above clarifies matters for you.

Can I ask what do I do now.....I have sent for credit reference files and if this balance is on there can I ask for it to be removed and any searches by Lowell can I ask to be removed also?

And actually what do I do if it has shown on my credit file write to SAV Credit Limited and or Lowell and ask them to remove it from my file?

Any help appreciated.

compulsivespender79

Just bumping this up because I'd like to know the answer too!

rog2

Bluerover wrote: »

Hello A little bit more advice please :beer: today received a letter from Lowell, saying
We refer to your request of the orginal agreement in respect of credit act 1974
After liasing with our client in an effort to obtain this document we have been advised that this is no longer avalable.
Under the circumstances we have closed out files in relation to this account which has now been returned to our client. We can donfirm no firther contact will be made by us regarding this account.
We trust the above clarifies matters for you.

Can I ask what do I do now.....I have sent for credit reference files and if this balance is on there can I ask for it to be removed and any searches by Lowell can I ask to be removed also?
And actually what do I do if it has shown on my credit file write to SAV Credit Limited and or Lowell and ask them to remove it from my file?

Any help appreciated.

Hi Bluerover - it appears that you have, successfully, ascerted the legal rights that the Consumer Credit Act affords you. Lowell must, by law, remove any default that they have entered in your crf.
If, when you receive a copy of your crf, these defaults have not een removed, then the Credit Reference Agency should provide you with the details on how to et them removed.
However, dca's, such as Lowell, are remarkably slow at complying with their own legal requirements. Have a look at the following thread, by inmypocketnottheirs which shows how he, successfully, got defaults removed:

http://forums.moneysavingexpert.com/showthread.html?t=568224

The website that he used, in order to get these defaults removed, is:

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

Since, on Lowell's own admission, the original cca is 'no longer available' then this 'debt' is now irrideemably unenforceable and you can, also, demand that SAV remove any default notices as well.

ickledee

Me too!! I have received letters from them also and had never heard of them. They were demanding £50. I have no idea what it was for but assumed it was for a store card I had in 2001 as this was the only form of credit I have ever had, although to my knowledge my store card had been paid off..(so long ago now) anyway i ignored the letters and checked my credit file today to see that they have put a default on my account for the £50!! It shows that the account defaulted 18/12/03?? What should I do???