Lowell Finance??

ickledee

Just googled the PO Box and it comes up as JB Debt Recovery Ltd

rog2

ickledee wrote: »

Im going to get that letter done just now and posted on Mon. Unsure whether to send the CCA request or statute barred

If you are unsure whether the last payment/written acknowledgement was within the 5 year 'Limitation Period' then send the cca request - you need to enclose a £1 Postal Order (Don't send a cheque). They must provide an up to date statement, as well as the true signed copy of the original cca. This will, soon, tell you whether or not the 'debt' is statute barred.

Equally, by sending the statute barred letter, the onus would be on Lowell to prove that acknowledgement/payment was made within the limitation period.

Perhaps the cca request might be best.

I'm going to work soon, but will check out that address/phone number and post tomorrow.

rog2

ickledee wrote: »

Just googled the PO Box and it comes up as JB Debt Recovery Ltd

As does the phone number ( www.saynoto0870.com ) and 'Asset Trace & Investigations Ltd' are a company belonging to JB Debt recovery Ltd.
That JB and Lowell are linked is indisputable - I'm not sure, however, if JB are a wholly owned subsidiary of Lowell.

In any case, you would be quite entitled to report them to the Trading Standards Office, as they are operating in breach of the OFT guidelines, to which they 'claim' to adhere.

ickledee

Hey - So I sent the Statute Barred letter to Asset Collection & Investigation and have heard nothing. However - I have now received another letter from a company in Glasgow, sorry I dont have the letter with me so will post the company name later. They are saying that Asset Collection have now passed the debt onto them and they are threatening me with court action!! This letter also looks a bit suspicious as every letter I have received is on the same paper.

I have now received letters from Lowell Portfolio, Lowell Finance, JB something or ever, another one which I cant remember now, Asset, and now this company. This is the 6TH company and all for £50 I dont even know about.

I am still quite worried about the letters though as I was hate to end up with a CCJ on my credit file over £50. Lowell have already given me a default that I dont know how to get rid of.

Should I be worried and what should I do??

Thanks guys

rog2

ickledee wrote: »

Should I be worried??

No need to worry, ickledee. Did you send the cca request, as advised? If so, then they have broken the terms of the Consumer Credit Act, by passing your information to a third party. Equally, it seems as if they have completely ignored their legal obligations, under the said act, by not sending you the cca, deeds of assignment and up to date statement.

ickledee

It is just so confusing.

Should I also send the CCA letter to this new company in Glasgow?..bet they are the same company anyway. Their letter says that they are collecting the money on behalf od Asset.

Also, how do I go about getting the default removed?

rog2

ickledee wrote: »

It is just so confusing.

Should I also send the CCA letter to this new company in Glasgow?..bet they are the same company anyway. Their letter says that they are collecting the money on behalf od Asset.

Also, how do I go about getting the default removed?

I agree, ickledee, it does get so confusing. Lowell, and the rest of the low-life fungus that they spawn, are hoping that you will 'cave-in' to their demands by creating this confusion. £50 may not be an awfully large amount, but multiply that by the thousands of people that they are hounding and it soon adds up to big business.
If you send the CCA letter, it really does not matter if you send it to Lowell or this new company, as the Consumer Credit Act, 1974, states that it does not matter if the person pursuing that 'debt' is the original lender, or not, he is still legally obliged to provide you with the documents, within 12 working days, otherwise that agreement can no longer be enforced without a Court Order.
Equally, whilst the 'debt' is in dispute, then the dca should cease all attempts to pursue it, including passing it on to a third party.
If the dca does not, or can not provide you with the cca, within the legally prescribed time-frame, then the agreement is unenforceable and the dca must remove any defaults. It will, also, then be against the law for him to pass your details on to another party.

ickledee

Thanks rog2 - This default has prevented me from getting a mortgage, I am gutted and desperately want it removed

I reaad somewhere that there is a further letter I should now send them because they have not responded to the CCA??..should I write to them and ask them to remove the default?

rog2

ickledee wrote: »

I reaad somewhere that there is a further letter I should now send them because they have not responded to the CCA??..should I write to them and ask them to remove the default?

Yes there is - give me a few minutes and I will post the link (need to find it:rolleyes: ).

ickledee

Thanks rog2 - your such a great help, much appreciated.

Im just so gutted that this alleged £50 debt is causing me so many problems. I really want it removed.