Lowell Portfolio / Red Debt

simon_Sam

Hi Everyone,

We are looking for some advice on some letters we have received from Lowell Portfolio. Having never had such letters before we are a little lost as to what to do.

We are new to the forum so please for give us if we cover stuff that’s been covered before. Any help would be appreciated.

Brief History
To date we have received 2 letters from Lowell Portfolio and 1 from what I assume is a subsidiary Red Debt Collection services. They have all been sent within 5 days of each other and all relate to the same alleged debt. The letters basically inform us that they have been sold a debt from Lloyds and that they are now the duly authorised collection agents. The alleged outstanding balance is £1706.87. The letter were all addressed to my wife using her maiden name and sent to a previous address. I can post copies of the letters if required.

My wife has no idea what this relates to so we are a little lost as to what to do. If it is an old debt it is certainly from some time ago for her to not be able to remember anything she may have had with Lloyds.

My initial questions are

1. Should I be sending a letter requesting a copy of the original credit agreement to which the debt relates? Or is best to do other things first?

Given the letter sates the debt came from Lloyds I assume this is the old Bank Lloyds before it merged with TSB and became Lloyds TSB if this is the case it is possible it the debt is now over 6 years old (Lloyds and TSB merged in 1995) with no payment made on the debt in the last 6 years. There has certainly been no other letter

2. Could we therefore ignore the letters and pretend they never arrived and wait for the 6 years to pass? or hope it has already passed?

3. How do we find out when the last payment on the alleged debt was made? Would I need to apply for a Subject Access Request from Lloyds?

4. What’s the best ways to find out were the debt comes from? Is it best to ask Lowell? Or should we go direct to Lloyds?

5. Should we request a copy of my wife credit report? As I assume the debt should be shown or at least that she made the applications or has links with Lloyds?

If anyone can help we would be grateful

Simon & Sam

Paparika

you can get a credit report from equifax, it will list everything she has had

I was quite surprised how good mine looked even tho i am classed as a bad debter (missed payments on a catalogue although was fully paid up)

Remember the simple rule...

No one can gain access to your home without your permission, or warrant (regardless of what they say, warrants need to be applied for to the courts which cost time and money)
The only ones that can are HM Customs and Excise.(They don't need a warrant)

Bailiffs will say anything to try and gain access, make no contact with them at this stage, try and talk to Lloyd's first of all. If there is 6 years that have passed, then they are probably just putting the frighteners on to see if you will pay up.

shinyhead

I take it the letters are quite threatening in the actions they propose. Don't take it personally they always are!!
Whatever you do DO NOT PHONE THEM!! Conduct any communications in writing only, and DO NOT SIGN any letters you send to them. Just print your name.

Getting your credit report would be the first step. Gotta go at work!! nearly got found out-will be back!!

stapeley

Hi , As advised above never ever ring them . If the name is incorrect they are fishing . So just write back , do not confirm anything on the letter , just say referance to ( USE THEIR REF NUMBER ) , say no one at the address has any knowledge of any debt to their company .Point out that no one wth that name they use, lives at that address .Suggest they check their details with their client. Remember do not confirm any details and do no sign letter .

RAS

Hiya

Lowell specialise in buying statute barred debts which they then try to get people to pay, on the assumption that they do not know their legal rights.

the debt still exists but once you tell them to get lost, they are obliged to stop contacting you

If you are getting any grief, please report them to the OFT, who are interested in their activities, and the Trading Standards nearest their office.

simon_Sam

Hi,

Thanks for the reply to our post.

We have now received a copy of my wife credit file and it does not show anything from Lloyds not even any defaults on the file.

There is only the credit search completed by Lowell on the file that shows any link.

Been given some suggested letters from a separate forum site.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139425-lowell-portfolio.html#post1501592

Just had some questions before I finally decided to write to them.

Since we have no idea were this debt comes from and I mean no idea my wife just can't remember having anything with Lloyds. My wife did have a serious accident over 6 years ago before we were married and it is likely it is before this.

1. Is there anyway to find out if it is statute barred with out contacting Lowell? We only have there reference number.

2. Would it be worth going into a Branch of Lloyds TSB and see if they have anything on record? If we did go in what sort of questions should we be asking Lloyds TSB?

3. Once we have requested a subject access request would that show the matter is statute barred ie no contact in past 6 years? I assume lowell could fudge the details.

4. For an item to be statute barred is just a case of us never receiving any communication in the 6 years and making no payments?

5. Could the Lowell letter be used to count as communication to us within the 6 years? I ask this as at present Lowell have no idea the letters have even arrived or more importantly we have them. Once I reply to Lowell they will no that someone has read the letter and I perhaps want to avoid this.

Thanks for the help.

itsnever2lateisit?

simon_Sam wrote: »

Hi,

Thanks for the reply to our post.

We have now received a copy of my wife credit file and it does not show anything from Lloyds not even any defaults on the file.

There is only the credit search completed by Lowell on the file that shows any link.

Been given some suggested letters from a separate forum site.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139425-lowell-portfolio.html#post1501592

Just had some questions before I finally decided to write to them.

Since we have no idea were this debt comes from and I mean no idea my wife just can't remember having anything with Lloyds. My wife did have a serious accident over 6 years ago before we were married and it is likely it is before this.

1. Is there anyway to find out if it is statute barred with out contacting Lowell? We only have there reference number.

2. Would it be worth going into a Branch of Lloyds TSB and see if they have anything on record? If we did go in what sort of questions should we be asking Lloyds TSB?

3. Once we have requested a subject access request would that show the matter is statute barred ie no contact in past 6 years? I assume lowell could fudge the details.

4. For an item to be statute barred is just a case of us never receiving any communication in the 6 years and making no payments?

5. Could the Lowell letter be used to count as communication to us within the 6 years? I ask this as at present Lowell have no idea the letters have even arrived or more importantly we have them. Once I reply to Lowell they will no that someone has read the letter and I perhaps want to avoid this.

Thanks for the help.

How many credit files have you got? There are a total of 3, companies use different agencies, so it is worth you getting at least 2.

To be statute barred there must be a period of 6 years in which YOU have neither made a payment nor acknowledged the debt in writing. In answer to your point No 6 may I suggest you wait a while and see if they write again/or what they write. In the meantime continue as you are, and swat up on this subject, believe me information is power. Lowell and the likes rely on you not knowing your rights and frightening you into payment.

My guess is that this IS statute barred and they are trying it on. If that turns out to be the case then that is all you need to tell them (in writing) you need not give any other reason for non-payment and can ask them to remove you data from file and not pass/sell it on

simon_Sam

Hi everyone

Finally got round to writing the letter to Lowell. In the mean time we have had a further letter from them. I mean they have a cheek I quote

“we are disappointed that the monies you have previous had benefit of are still out standing and you have not taken responsibility to clear your outstanding debt...

To avoid this going any further you must call and arrange repayment…

When you spent the monies originally you did it knowing it had to be repaid…”

Talk about trying it on in the hope people will just pay up to be honest I was about to until I thought to check the internet and found this site what a help it has been and opened my eyes.

The letter I plan to write is below if anyone can answer the 3 questions I have that would be great.

I’ve used the template from ODC 3 questions though:-

• Should we put my wife name and address at the top where the question marks are or leave this blank. Lowell have written to our previous and current addresses if this helps.

• What name should we print on the letter? All letters from Lowell have used my wife’s maiden name should we use this? or my wife married name? or again leave it blank or just use her first name?

• The red debt address is just a PO Box so I assume the letter we send can’t be signed for so I plan to copy the letter to Lowell at there registered office just to be sure they get it. IS this ok or a bit over the top?

????????

Red Debt Collection Services
PO Box 203
Leeds
LS11 1BG

Dear Sir/Madam Your Ref 91963462

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to Red Debt Collection Services or its affiliated companies including Lowell Portfolio.

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account save confirmation that the matter is now closed or unless you can provide evidence as to the alleged liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

*******


Cc Red Debt Collection Services
C/O Lowell Portfolio I
Enterprise House,
1 Apex View,
Leeds
LS11 9BH

sent via recorded delivery for proof of receipt

Though I can’t be 100% sure the more we think about this more it seem very very likely this debt is statute barred lets see what comes out in the wash after the letter.

Thanks

fermi

Which letter did you write in the end?

Was it the "staute barred" one?

And was this 2nd letter from Red sent after they received your first one?

This thread might be useful:

Link: lowells trying to collect an over 6 year debt

simon_Sam

Hi

I've had 2 letters from lowell and 2 from red all the same rubbish.

The letters have all come before i have sent any letter to them as i was dragging my feet in getting my letter to them in the post.

Just sent the letter i posted ealier yesterday recorded delivery to there registered office.

Just need to wait for a reply now and see what they say.

Thanks

Elmo247

Hey, my partner received a letter from Lowell in March also demanding payment on a rather substantial debt from Lloyds. Like you, we had absolutely no idea what it was for and my partner had no knowledge of ever having banked or borrowed with Lloyds. We also assumed that Lloyds referred to Lloyds bank, pre Lloyds TSB.

Anyway, we sent off a CCA request to Lowell's head office (we just ignored the PO Box) along with the £1 postal order by recorded delivery. They wrote straight back to say that they had requested the document from Lloyds' archive. To cut a long story short, they sent us several letters telling us they were still waiting and offering to reduce how much we had to pay until eventually we got a letter saying the document was "no longer available" and that they had closed the file! It was very timely in that they were only a few days before going over the statutory time limit for them to respond... another couple of days and we would've been reporting them to Trading Standards!

Sounds like they've bought a lot of old Lloyds accounts and are trying it on... we're still totally confused about what the debt is though - my partner has absolutely no memory of Lloyds!!!!