lowells trying to collect an over 6 year debt

fermi

OK. I have dug out and put something together.

There is a suggested letter below. However, I would still suggest that you contact National Debtline at the earliest convenience so that you can get some advice from a professional debt advisor.

I am not a debt advisor or a lawyer.

This is the letter I might write if it was me:

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

I also note that "Red Collections" is simply a "trading style" of Lowell Portfolio LTD. Therefore your claim to be acting on behalf of Lowell Portfolio LTD is spurious, as you are clearly one and the same company.

On xx/xx/2008 I wrote to Lowell Portfolio LTD regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:

1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

Therefore it is clear that your original contact regarding this debt was in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in direct breach of Office of Fair Trading Guideline referred to in item (4) and constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has recently stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Therefore I wish to formally notify you that unless I receive confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the Lowell Group (including Hamptons Legal)
• constituent member of the Lowell Group (including Hamptons Legal)
• a third party acting on your behalf
• a third party that claims to have been legally assigned this alleged debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

rog2

Excellent letter from fermi - make sure that you send it by recorded delivery.

fermi

I couldn't resist throwing their own words/phraseology back in their face by putting this bit in:

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

rog2

fermi wrote: »

I couldn't resist throwing their own words/phraseology back in their face by putting this bit in:

I had noticed :rotfl: :rotfl:

It's a bit like Dom Jolly, when he put a clamp on the wheelclamper's van - they like to give it, but can't take it. :rolleyes:

fermi

rog2 wrote: »

It's a bit like Dom Jolly, when he put a clamp on the wheelclamper's van - they like to give it, but can't take it. :rolleyes:

Can't remember that one? I thought I'd seen most of those.

I must hunt for a clip of that another time.

rog2

fermi wrote: »

Can't remember that one? I thought I'd seen most of those.

I must hunt for a clip of that another time.

Two weeks ago - the Complainers - Channel 4 or 5. Might be available on 'catch up'.

fermi

rog2 wrote: »

Two weeks ago - the Complainers - Channel 4 or 5. Might be available on 'catch up'.

TY Rog.:) :beer:

I haven't seen much of anything he has done since Trigger Happy TV I now realise.:doh:

rog2

fermi wrote: »

I haven't seen much of anything he has done since Trigger Happy TV.

Have to admit that 'The Complainers' is not as good as Trigger Happy - but he has 'grown up' a bit since then. :rolleyes:
It is, however, still worth watching as it tackles quite a few 'serious' issues in a light hearted manner, including the proliferation of CCTV and our rights under the Data Protection Act.
Perhaps he'll also cover Debt Collectors and 'bailiffs'.

leedspete_2

thanks for letter but now im in a quandary do i send it recorded delivery to a po box address? do i send a copy to lowells? do i have tea or coffee for breakfast lol soz that last was a funny but where to send letter and recorded or not plz help

AGB863

Send it recorded to both companies and do not sign the letter, but print your name.

I am not saying that these companies would do this- but some have been known to do this - your own signature on the letter could be scanned and used in other paperwork that may be required if you request a consumer credit agreement (CCA)