Advice please! Newbie with DCA trouble

moneymeltdown

Hi everyone,
This is my first post so please be gentle with me! I'll explain my problem...

My Monument CC debt (almost 7k) was bought by Lowell Portfolio I Ltd on 25/03/08. Monument sent me a letter on 02/04/08 giving me notice of the assignment and sale of the debt to Lowell.

Am I still able to request the CCA from Lowell even though I have received the letter from Monument advising me of the debt assignment?

As you can imagine Lowell have been rude and obnoxious to me on the phone..but after reading the great advice here, I will now only be communicating with them by letter.

Thankyou so much!

stapeley

As the debt is owned by LOWELL now you don,t deal with Monument now . But you must request a CCA now from LOWEEL . If they have any sense at all they will not have bought the debt with obtaining a VALID CCA. But remember that they would pay only a faction of the debt so look on the site for procedure on requesting a CCA

moneymeltdown

Thankyou for this..do you think DCA's are now wise-ing up to the CCA thing and are now only buying debts with valid cca's so Lowell will be able to send me a valid cca for this debt and I'll have to repay it?

stapeley

Hard to say , only 0.1 % of debtors would think about coming on a website for advice!

RAS

And we know that Lowell feature here a lot, mainly with statute barred debts and those without CCAs.

meltdown - was there ever a period of 6 years betweenn your paying this debt and it being aquired by either monumnent or Lowell?

rog2

moneymeltdown wrote: »

Thankyou for this..do you think DCA's are now wise-ing up to the CCA thing and are now only buying debts with valid cca's so Lowell will be able to send me a valid cca for this debt and I'll have to repay it?

I think that you need to have dealt with Lowell, before, in order to get a hold on their attitude towards 'unenforceable' debt. They, and one or two other well known dcas, specialise in tertiary and difficult 'debts' and whilst they are perfectly aware of their obligations under both the Consumer Credit Act, 1974 and the Limitation Act, 1980, they are equally aware that 99.99% of the general population are not aware of the rights that these acts afford to 'debtors'.
Since the Original Creditor will be aware of those rights, and also of the 'damage' that not respecting those rights can have on his business, he will, in many cases, have already given up hope of being paid. The 'debt' is, therefore, virtually valueless to the original creditor, and he will 'sell' it to companies of the 'ilk' of Lowell for a knock down price - often just a few pence in the pound. If the debt were 'sold' with all of the correct documentation, then it would be 'worth' considerably more to the scavengers as there would be 'meat on the bone' so to speak.
The original creditor will, by now, have washed his hands of the 'debt' and it is the property of Lowell, who will try every trick in the book to get the maximum return on their investment.
They rely heavily on the fact that very few 'debtors' will be aware of their rights - perish the thought that Lowell would ever advise a 'debtor' of any rights that he may have - and, in those cases where the 'debtor' is aware of his rights, Lowell will often 'shrug their shoulders' - after all, the 'debt' probably only cost them the price of a pint, but there could have been very rich pickings to be made, out of a debtor's innocent ignorance of his rights.
Lowell would, probably, simply move the 'debt' on to yet another equally dubious debt collection agency.
So don't worry your head about DCA's getting wise - they know the score very well. :mad: :mad:

moneymeltdown

thankyou thankyou SO much for your brilliant advice everyone....I have just got back from the post office after sending my recorded delivery letter requesting cca from Lowell's (I enclosed a £1 postal order..the guy at the post office laughed at the tiny amount!)
I will keep you updated with any progress!

moneymeltdown

to RAS..no there hasn't been a 6 year period with this debt...

stapeley

moneymeltdown wrote: »

thankyou thankyou SO much for your brilliant advice everyone....I have just got back from the post office after sending my recorded delivery letter requesting cca from Lowell's (I enclosed a £1 postal order..the guy at the post office laughed at the tiny amount!)
I will keep you updated with any progress!

I would have given the guy at post office "a piece of my mind " he is there to give out stamps and take payments ! Not laugh at the amount customers choose to dealing in. If they offer and charge for a service be it a £1 POSTAL ORDER or a second class stamp ,it should be processed without comment !

moneymeltdown

please could someone put my mind at rest....I know we should never speak to dca's but i actually naively spoke to Lowell about this debt before I got onto this brilliant forum...I confirmed my home address etc etc (what a fool!) and then the guy there said he wanted a full income and expenditure declaration from me. if i didn't supply one,someone would pay me a visit at home! I have sent a cca request...however,my home phone keeps ringing and ringing at night and i now can't answer it at all as i am sure it's lowell...help!

stapeley

I would now send, a do not phone letter, tell them any calls from them will be noted and used in any complaint to the OFT . Next time they call , have a list of things to ask them .Take your time , they are paying for the call . Ask for the name of person calling and full name of company, ask them to confirm the time and date. Make a note of it , be sure they realise you are writting all details down. Then tell them as a request for a CCA have not been complied with the account is still in dispute .Put the phone down .