Lowell Portfolio 1

Last post Tue, Oct 28 2014, 8:50 PM by harrowbobby. 133 replies.
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  •  Tue, Oct 28 2014, 8:50 PM

    Re: Lowell Portfolio 1

    Just search for Quality Solicitors Brighton and you will find them. One of the Solicitors started up the Legal Beagles forum and can be found there. If you want online forum advice, Legal Beagles is probably your best bet and Community Action Group is pretty good, but they have lost some of the members who had really good knowledge.

    • Post Points: 5
  •  Tue, Oct 28 2014, 6:29 PM

    Re: Lowell Portfolio 1

    hi harrowboddy

    thank for a positive reply, was begining to think i was in a sink hole, but appreciate your uplifting support,have also researched a bit more on net and found that the 'Waksman decision isn't all for the creditors: this alledged debt will be statute barred in january 05th 2015 so was going to stretch it out till then, after that will just send them a statute barred letter.

    however i would have no hesitation in defending it, and appreciate the advice re: solicitors can you point me in the right direction? or is ooit 'not allowed' on the forums???

    many thanks again:

    best regards


    • Post Points: 20
  •  Sun, Oct 26 2014, 8:50 AM

    Re: Lowell Portfolio 1

    For a CCA issued before April 2007, creditors would still need the original CCA or a copy of it, to enforce in a court. Without the CCA they can still chase the debt and ask for payment. Once the debt is statute barred, you can ask them to stop contacting you.

    The situation has not changed in regard to enforcement. But if creditors issue a court claim, you have to defend properly and put your case forward, as not all Judges are aware of the law re CCA's.

    If you ever need help re a court claim, there are Quality Solicitors with offices in Brighton and they specialise in Consumer Credit Act cases. They quite often will do the work on a no win no fee basis, if it is an easy win. If you ever use them, creditors will often back out, as they may not want to take them on. I believe that Lowell and their Solicitors have had to pay them a considerable amount of fees over recent years. Just information to be aware of, if you ever need legal representation.

    • Post Points: 20
  •  Sat, Oct 25 2014, 8:15 PM

    Re: Lowell Portfolio 1

    Hi Zeb

    so from what i read


    i and thousands like me don't stand a chance of contesting on the grounds of lack of 'signed credit agreement' ?

    i quote:


    But he confirmed that if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy.

    so if the terms and conditions are on a seperate peice of paper and the C Ca is not signed or any boxes contatined within the CCa for signatures, then it's ok for the DCa's to send demands for debt, which could easily have been fraudulently procured in the first instance?

    could i post a copy of thier 'so called CCa ?

    cheers :)

    • Post Points: 20
  •  Sat, Oct 25 2014, 1:49 PM

    Re: Lowell Portfolio 1

    I believe that there was a legal ruling a few years ago that stated that the credit provider no longer had to provide the original signed agreement but could provide a reconstituted agreement typical of the terms and conditions issued to you.

    I believe it was the Waksman's ruling

    • Post Points: 20
  •  Sat, Oct 25 2014, 12:55 PM

    Re: Lowell Portfolio 1


    I think I would just make the CCA request to the DCA chasing and see what they come back with. If they don't supply a copy or even a reconstituted version with 28 days, then it will be considered in dispute and they should not ask for payment. It stops being in dispute, once they have supplied either the original CCA or a reconstituted version.


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    Hi Huckster

    I’ve recently had a demand from Lowell for a Capitol one debt: which I originally asked Capitol one to provide a true copy of agreements, Capitol one couldn't comply, 16/01/2009 was my last request for a CCa, they couldn't supply one, subsequently during that first 12 months was harassed by different DCa trying to collect on an unenforceable debt, my question is have things changed, ? re TRUE COPY OF SIGNED AGREEMENT.?

    My reply to Lowell, who say they have conformed to my request by sending me a blatant photo copy of a 'made up' agreement with my name typed in it. NO SIGNATURESG etc.

    I’m sending them letter of NON COMPLIANCE and will defend any action they take.

    this is part of my reply:


    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

    In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    What’s your thoughts cheers :)

    • Post Points: 20
  •  Tue, Jun 05 2012, 8:30 PM

    Re: Lowell Portfolio 1

    I think I will sit on my hands and have no contact with this bunch of thugs due to the repuation that they have. They debt will be unrecoverable ater the end of the year and that is their date of the default. It may actually aready be statute barred already which I am sure it is.

    Thanks for the help

    • Post Points: 5
  •  Tue, Jun 05 2012, 7:35 PM

    Re: Lowell Portfolio 1

    In theory the default date will be within 90 days of the last payment. This is on the basis that you would have had 30 days on one statement to make the payment. If payment was late, they would have applied a charge and then after another 30 days without payment they would issue the default notice. I may be wrong, but is that not the way it works ? If this is the way it works, your last payment was probably September or October 2006 at the latest.

    You could challenge the default date via Experian and see what they come back with. If you ask Shop Direct, I suppose they could see the new account, think they have made a mistake offering this and then cancel it.

    I think I would just make the CCA request to the DCA chasing and see what they come back with. If they don't supply a copy or even a reconstituted version with 28 days, then it will be considered in dispute and they should not ask for payment. It stops being in dispute, once they have supplied either the original CCA or a reconstituted version.

    • Post Points: 35
  •  Tue, Jun 05 2012, 7:28 PM

    Re: Lowell Portfolio 1

    Well they are part of Cattles who in turns owns/ed the notorious welcome finance. I had dealings with lowell and they sold the debt on and the company that took it over then sold it on again, i dont know where i am with the original at all, so if you are paying to lowell be careful and make a note of what you pay incase it gets sold on and it goes back up.
    • Post Points: 5
  •  Tue, Jun 05 2012, 5:43 PM

    Re: Lowell Portfolio 1

    I am sure that the debt is older than the stated 15/12/2006 but the Experian file entry states it is that date. I live i. nEngland so 6 years I think Shop Direct have removed the debt from their files as they gave me a catalogue and a £1500 credit limit a year ago (on the same name and address as the debt) So it looks like Lowlife Portfolio have bought the old debt from them.
    • Post Points: 20
  •  Tue, Jun 05 2012, 5:23 PM

    Re: Lowell Portfolio 1

    Presuming you live in England or Wales, the debt will become statute barred in December 2012, so will not be enforceable. If you live in Scotland, the debt became barred in December 2011.

    If you want to avoid some of the hassle with the debt collection, either submit a CCA request to the DCA chasing the debt using the letter below or enter into a dispute with the catalogue company about the account and any charges they applied. If the CCA can't be provided or their is a dispute ongoing about the account, they have to put collection activity on hold.


    This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

    I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

    If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

    Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from unfair trading Regulations 2008 (CPUTR).

    I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

    If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

    I look forward to hearing from you.

    • Post Points: 20
  •  Tue, Jun 05 2012, 3:30 PM

    Re: Lowell Portfolio 1

    I have been getting the Lowell Portfolio treatment too

    They have bought up an old mail order catalogur debt then added £627 to the debt and filed a default notcie on Experian. THey state that the default date is 15/12/2006 and they added their default notice with the added amount in March 2011. Now I am receiveing the letters from a few DCA Scotcall, and Advantis chasing the debt.

    What I have read about Lowell, they should be called Lowlife Portfolio

    • Post Points: 35
  •  Thu, Feb 09 2012, 6:05 PM

    Re: Lowell Portfolio 1

    Thank you for all advice received today, I will take all advice in account and hopefully come up with a solution. Thanks again everyone.
    • Post Points: 20
  •  Thu, Feb 09 2012, 5:30 PM

    Re: Lowell Portfolio 1

    As Zeb suggest, the debt could be statute barred. This would be 6 years (5 years in Scotland) passing since the last payment or written acknowledgement by you of the debt.

    Suggest that you ask Lowell for a copy of the relevant phone contract, a copy of the phone companies last statement showing the payments made and a copy of the notice of assignment confirming Lowell are able to deal with this.

    Send the request by recorded delivery letter. It is your right to have this information. Debt companies are allowed to chase for debts, even those that are statute barred, but per OFT rules they are supposed to send you proof of the debt, A simple extract from an Excel spreadsheet is not adequate.

    Once you receive the information back, if 6 years have passed since payment, then send a letter stating that the debt is statute barred. There are many threads on here with a copy of a suitable letter. Once you have sent the letter, per OFT guidelines, the debt companies are not allowed to chase you further. If the debt is not barred, but you dispute owing the money beyond the 12 month contract you had, then send a letter disputing the debt, stating why this is the case,

    • Post Points: 20
  •  Thu, Feb 09 2012, 4:48 PM

    Re: Lowell Portfolio 1

    katmanepal:u have all yr legs to stand on!!! dont worry about them it is the law they THEY HAVE TO PROVE YOU OWE MONEY not the other way round dont bother getting in touch with them anymore and they will give up aftter a while once they know yr not going to pay, get yrself a paper shredder thats my advice they say i still owe £429 from my old 3G bill plus £29 from my old O2 bill from 2006 there crazy. theres hundreds of people they have tried it on with but just forget about them if you want this is the number for the telecommunications ombudsman they will give you advise on what to do 01925 430049 they deal with them everyday but like i said i would put every letter in the shredder bye good look

    This is all well and good but if the debt is genuine and still owed then the omdudsman will have no interest in this and the adverse credit marker will stand and affect any potential future credit.

    Katmanepal, you may have already got a chequered credit record (you mentioned you had 2 accounts with Lowell) but from what the Hayles82 is saying they have a good credit record and far more to lose.

    I would agree that it is up to Lowell to prove the debt due but I would also point out that if this debt was issued in 2005 then it either is or is very close to being Statute Barred which is a legal ruling that no company can chase an individual for any monies owing if that debt is over 6 years old. I do not know the legal process over this but if you google Statute Barred or even use the search funtion at the top of the page there are many regular posters on here who have good knowledge in this area that have written about this and how to go about it and I would be certain that you will even find the information listed in this very thread.

    But do understand that if you cannot claim that it is statute barred and if the debt is genuinely yours and if Lowell are chasing you for a debt that should rightfully be paid then it is something you need to address. Choosing to shred documents and ignore communications just so you can bury your head in the sand and hope it goes away until the bailiffs knock on your door is not a wise choice and I would vehemently urge you not to take this action as it will not end well for you if you do indeed owe this debt. You risk county court judgements, baliffs and increased administration fees added to the debt and utterly destroying your credit status.

    Check out the statute barred option, I have a feeling this may be your escape route.

    Also....so far as contacting the ombudsman. They will only look into a case if it has been through the correct complaints procedure first as the company you will be referring to still has the legal right to evidence and have their case heard first. Once they have done this and you still disagree with them then you can take this to the ombudsman who will give a fair and impartial view to the case. If the ombudsman thinks you do owe the money you will still have to pay. They are not just there to slap companies because they dare to chase up their debts that are owed to them.

    Check out the statute barred option and good luck

    • Post Points: 5
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