Lowell Portfolio / Red Debt

Elmo247

Forgot to say... we checked credit files etc too and found nothing apart from the search by Lowell on March 18th!

Nightranger

I had hassle from Lowell over a Capital One card (seems to be one of the commoner sources). I moved address more than six years ago and tried to change details with Capital One but despite and email and letter, the new address was never acknowledged and I stopped receiving statements. Bizarrely, Lowell Portfolio contacted me around 18 months ago to say that I owed them £575 without ever mentioning Capital One. This was the beginning of a long saga that included the Financial Ombudsman but my thanks to this site for some great advice.

The change of address was no insignificance because it begged answer to one of two questions:

1. If Capital One had the change of address, why did they not contact me with a speculative letter? Lowell had no problem with this approach so it would seem Capital One deliberately broke their contract with me to supply me with details of my account. Last time I had seen a statement, it was nothing like the £575 claimed by Lowell so I had a genuine case not to recognise the debt.

2. If Capital One did not pass on the change of address to Lowell, how did the latter get my details other than by a breach of the Data Protection Act?

The case is not settled as I write because the FSO have stalled things but the entire case passes outside the six year limit in July. All the same, I want Lowell to take my details off their database and the questions above require answers. I will let you all know if there are any developments.

Nightranger

Nightranger wrote: »

The case is not settled as I write because the FSO have stalled things but the entire case passes outside the six year limit in July. All the same, I want Lowell to take my details off their database and the questions above require answers. I will let you all know if there are any developments.

The FOS finally got in touch again but I am not sure it is all good news because they seemed to be making excuses for Lowell not producing the CCA within 31 days (it took seven months form what I recall and then only when the FOS became involved initially). Does anyone have any thoughts on the potential of a government appointed agency condoning law-breaking? Or more to the point, what does the allotted time limit for producing the CCA actually mean?

mrmack

Just thought I'd like to share that a struggle withe Lowell can come to a sucessful end. I was contacted nearly three years ago by the then Lowell Financial regarding an alleged debt to barclaycard for £1800, dated around 1989. They phoned and harassed, what I found strange at the time was their complete denial of any questions that I had and a constant bullying to try and make a payment.
I became suspicious at this and the obvious use of scripts in any phone converstions with them, each one leading to the predictable "make a payment". I then demanded proof as to ownership and statements as to how the balance was arrived at, as the account was cleared by debit card in 1991. Having moved house some three times since the paperwork was not evident, they said I would have to disprove their claim I of course waited for their response which was a poorly photocopied form taken from one of the many application leaflets strewn around stores and banks. They also showed a photocopy of a spreadsheet with one payment on of £30 which bore no resemblence to anything barclaycard would issue at that time. Interestingly the payment date was set some three months later extending the six year anniversary of the actual if unpaid statute barring of the account sneaky!.
I wrote to Lowell stating that I would no longer entertain their demands and all further communication was to be by letter, and that as far as I was concerned they had been sold a pup by Barclaycard and please take me to court. They then continued to phone but as soon as we answered they hung up. we eventually changed our phone line and the calls stopped as did the letters untill eight months ago when Red collections suddenly popped up in a letter acting on behalf of Lowell Portfolio 1 and "did I not think it was unfair that I'd had this money and not repaid it" and other sickening drivel. Given that the po box and town were the same as Lowell I simply returned all letters as refused.
Finally Buchanan Clark and Wells waded in I decided that this was a new sneaky approach and that BCW would pursue as though the debt was real so I wrote to them using the following template saiweb search they responded within the week stating that they would do an internal investigation, they made request for the credit agreement from Lowell who stated they were unable to comply within the timeframe and BCW have closed the file and returned the case to Lowell. a small victory but one which shows that even a recognised DCA when requested will not want to pursue an obviously illegal claim.
Dont let the bullies force you into making a payment on a debt which you know to have had no activity for the last six years.

SALPETER18

Hi, today i recieved 2 letters from red offering 50% off the debts i have. First of all may i explain last year stupidly i entered into a repayment plan with them,and was told my four debts where to be linked together, and my monthly repayment would pay off all four debts.I had payed for about 12 months, then to my surprise red stopped taking my direct debit. i left my dd open for 3 months before canceling it, 7 months later red are pestering for me to enter into another repayment plan,and are threatening with door agents to visit my home.
i guess they did not link my debts together as they had said,and once i had paid one of the debts, they stopped taking my repayment. what should i do any advice would be a big help many thanks.

RAS

How old are these debt, for what, do you have any evidence that you owe the amounts they suggest?

SALPETER18

Thanks for quick reply, the debts are over 6 year old and i have no evidence of the amount of debt. but two year six month ago i entered into a repayment plan and as my first post they stopped taking the agreed payment. thanks.

RAS

Unless you are in Scotland, any debt for which you have not paid anything (or made a written acknowledgement) is statute barred unless there is a CCJ on it. In Scotland it is 5 years unless there is a decree.

This means there is not legal obligation on you to pay anything.

Do any of these debts show up on your credit record?

SALPETER18

I have never done any written acknowledgement,but entered into a verbal agreement 30 months ago which they stopped taking payment for, i did not stop the payment,is the debt statue bared even tho i entered into a verbal agreement?