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Lowell Mackenzie Criminal Behaviour read!

http://forums.moneysavingexpert.com/showthread.html?t=309647&page=3&highlight=lowell+court+summons

I have started a new thread here, this unlawful and unethical behaviour deserves it!!

Read the above thread, to summarize Lowell contacted me in October 2006 concerning an alleged 5999 debt, I used the 1973 CCA and statute-barred letter, got no reply for my £1 by end of november 2006 (still haven't to this day!) and then informed them that it was thus no longer recoverable through the court system, I didn't intend to make any payments, leave me alone etc.

In early december 2006 I received a county court summons, defended it as appropriate in full as above (read thread link for more details) and Lowell never responded to the defence and didn't proceed with the case which meant it was 'stayed' and effectively over, as for them to continue would have been vexatious.

GUESS WHAT?? After no further harassment for 10 months in October 2007 I received a letter from a solictors concerning the alleged debt. I simply scrawled over it a few details about it already having been subject to legal action which was unsuccessful and lowell not complying with CCA1973 request and statute-barred etc. and sent it back to solicitors in their own envelope.

AND YES, YOU GUESSED IT!!!
LAST FRIDAY A LETTER FROM MACKENZIE HALL WITH INVOICE FOR THE SAID ALLEGED DEBT (NOW INCREASED TO OVER 6800!!) WHICH "IF I DIDN'T PAY BY APRIL 11TH. THEY WOULD BE FORCED TO TAKE FURTHER ACTION..."

This has surely got to be illegal harassment, plus breach of data protection plus lowell behaving illegally by transferring the disputed and dead matter to another DCA??

Unbelievable. How do these scum get away with it?
«13456

Comments

  • PaulW922
    PaulW922 Posts: 1,040 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    MH think that they can do what they like - that' s how!

    I understand that the local TS is very familiar with them so a letter of complaint would probably not go amiss.

    I also understand that MH monitor posts to sites like this and where they can link a post to a debtor have used it against them (1st Credit do too) so make sure that you can't be identified from your user name.

    It must be tempting to let them take you to court again - then you could counter claim!
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Unbelievable. How do these scum get away with it?

    Absolutely incredible, LS. :mad: :mad: :mad:

    All I can suggest is:
    East Ayrshire Council
    Trading Standards Service
    14 London Road
    Kilmarnock KA3 7AF

    Tel: 01563 521502

    [EMAIL="trading.standards@east-ayrshire.gov.uk"]trading.standards@east-ayrshire.gov.uk[/EMAIL]
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Remove the amounts in dispute as they will be able to pick it up .
    ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON
  • PaulW922 wrote: »
    MH think that they can do what they like - that' s how!

    I understand that the local TS is very familiar with them so a letter of complaint would probably not go amiss.

    I also understand that MH monitor posts to sites like this and where they can link a post to a debtor have used it against them (1st Credit do too) so make sure that you can't be identified from your user name.

    It must be tempting to let them take you to court again - then you could counter claim!


    Yes, I'd LOVE to get a summons, that'd make my year. A watertight defence, plus exposing their criminal and vexatious behaviour to a Judge, plus punitive damages. If I counterclaim, they would have to turn up in Court unlike Lowell, if they didn't my counterclaim would automatically be granted.....
  • Yes, I'd LOVE to get a summons, that'd make my year. A watertight defence, plus exposing their criminal and vexatious behaviour to a Judge, plus punitive damages. If I counterclaim, they would have to turn up in Court unlike Lowell, if they didn't my counterclaim would automatically be granted.....

    Complain and sit back. Ignore any phone calls you get and also any letters you get unless they are offering you something decent.
    ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON
  • SingleSue
    SingleSue Posts: 11,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Seeing the name of the company rings a bell with me.....think they might have been involved in the chasing of our old mortgage debt a few or so years ago (just one month shy of the of time allowed to chase for mortgage debt - something which had been extended by law in the intervening years).

    Constant phone calls (upto 5 a day)
    Constant letters (every day)

    When i tried to explain that we had no assets and had 3 young children with limited funds (we were finally getting back onto our feet) they didn't want to know and forced (yes forced, they would ring and ask who we had applied to and tell me to ring other companies, even suggesting a few completely unsuitable ones as they were for homeowners and we rented - we would get umpteem calls a day checking to make sure we were applying for loans!) me to contact loan companies to try to get money for a settlement, thus harming our credit rating further.

    We did go to CAB who advised us to offer an certain amount (can't for the life of me remember how much, think my brain has wiped it!), which we did and which they turned down flat and insisted we pay the full amount of very much near it and if we were not able to pay that amount, then that they would insist on being paid £300 a month for the rest of our lives.

    They finally came down on price but it was still way too high for us to afford as a settlement figure but they just wouldn't budge any further, so rather than being faced with paying a huge amount each month (which we did not have spare), we got a loan from provident, a loan from Greenwoods and my parents lent us the rest, thus thrusting us back into huge debt.

    I will never ever forget the feeling of being of harrassment, the feeling of falling off a cliff and I will never forgive them for making me so ill that I finally had a nervous breakdown and had to take sick leave from work for five months....all this on top of having 2 of my children diagnosed with ASD within a year of each other.

    I just wish I had known about this site then...the advice could have been crucial to us.
    We made it! All three boys have graduated, it's been hard work but it shows there is a possibility of a chance of normal (ish) life after a diagnosis (or two) of ASD. It's not been the easiest route but I am so glad I ignored everything and everyone and did my own therapies with them.
    Eldests' EDS diagnosis 4.5.10, mine 13.1.11 eekk - now having fun and games as a wheelchair user.
  • Aaargghhhhh, thats terrible. All you had to do was ignore them for one more month then use the statute barred argument OR do the 1973 CCA letter, as non-compliance with that alone would be a full defence......
    I know hearing this advice NOW absolutely sucks, but your story exemplifies the NO.1 ETHOS when dealing with these vermin, NEVER NEVER NEVER NEVER NEVER RING THE SCUM!!!!!!
    I am seriously thinking about starting a service up with a nominal cost-covering charge and advertising it free through various sites I have access to, whereby I will send the £1 when people who are contacted by the DCA's authorise me under the data protection act to communicate and send the letters on their behalf i.e the SB and CCA defence.
    I know a huge proportion of the DCA's revenue is actually from SB debt PURCHASE, (and this is only gained via peoples' ignorance) and thus I can render it legally and physically uncollectable on my 'clients' behalf.
    My ambition would be to deny MH Lowlifes Wescot etc. at least 10k a month in potential earnings by preventing the ignorant getting 'caught' in the MH/Lowlife snare.......
  • SingleSue
    SingleSue Posts: 11,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep know that now on reading this site but back then we thought we had to do whatever was asked of us by these companies.

    If only I could turn back time.....it would have been a lot more comfortable and less stressful knowing what I know now.
    We made it! All three boys have graduated, it's been hard work but it shows there is a possibility of a chance of normal (ish) life after a diagnosis (or two) of ASD. It's not been the easiest route but I am so glad I ignored everything and everyone and did my own therapies with them.
    Eldests' EDS diagnosis 4.5.10, mine 13.1.11 eekk - now having fun and games as a wheelchair user.
  • Aaargghhhhh, thats terrible. All you had to do was ignore them for one more month then use the statute barred argument OR do the 1973 CCA letter, as non-compliance with that alone would be a full defence......
    I know hearing this advice NOW absolutely sucks, but your story exemplifies the NO.1 ETHOS when dealing with these vermin, NEVER NEVER NEVER NEVER NEVER RING THE SCUM!!!!!!
    I am seriously thinking about starting a service up with a nominal cost-covering charge and advertising it free through various sites I have access to, whereby I will send the £1 when people who are contacted by the DCA's authorise me under the data protection act to communicate and send the letters on their behalf i.e the SB and CCA defence.
    I know a huge proportion of the DCA's revenue is actually from SB debt PURCHASE, (and this is only gained via peoples' ignorance) and thus I can render it legally and physically uncollectable on my 'clients' behalf.
    My ambition would be to deny MH Lowlifes Wescot etc. at least 10k a month in potential earnings by preventing the ignorant getting 'caught' in the MH/Lowlife snare.......


    This is a idea i have had as well but the trouble you have is that too many people on this site think that if you are giving advice out and you have a website then you are trying to make money from it.
    ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    SingleSue wrote: »
    Seeing the name of the company rings a bell with me.....think they might have been involved in the chasing of our old mortgage debt a few or so years ago (just one month shy of the of time allowed to chase for mortgage debt - something which had been extended by law in the intervening years).

    Hi Sue - I have just read your thread - in fact I have read it TWICE as your story typifies the behaviour of this odious bunch of thugs.
    Even though it is 'over' I would still reccomend that you write to Trading Standards as LOWELL broke 'every rule in the book'.
    Your story highlights the depths to which scum like LOWELL will stoop in order to make a tidy profit out of the misfortune of others.
    If I was not already aware of their behaviour, I would find it hard to believe - even now, I am lost for words to describe how angry it makes me feel.
    I hope things are better for you now.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
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