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Lowell Portfolio 1

Last post Tue, Jun 05 2012, 8:30 PM by karlsen1. 127 replies.
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  •  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: 20
  •  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.

    (DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)
    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
  •  Thu, Feb 09 2012, 3:24 PM

    Re: Lowell Portfolio 1

    you can also concerning yr credit rating get in touch with exuifax you can get free online service and they will dispute it for you they wright a note on yr credit file so if any lender looks they will see what is called (notice of dispute where you are disputing the fact that you do not owe this money and they should take this into account when considering lending you money)dont let anyone frighten you! that is there way of doing buisness like all financial institutions FEAR IS THE KEY to there sucess.
    • Post Points: 5
  •  Thu, Feb 09 2012, 3:16 PM

    Re: Lowell Portfolio 1

    HI again, Thanks I will do and yes I have an Iphone. Wish I had that earlier with the rubbish that was coming out of the womans mouth. You have made my day feel a bit easier knowing what you have told me, never even knew there was such a company. Thanks a lot
    • Post Points: 5
  •  Thu, Feb 09 2012, 3:13 PM

    Re: Lowell Portfolio 1

    if you tell the ombudsman they can get it removed, also good thing to do record phonecalls that can be used against them, if you have i phone you can download a dictaphone on it like me, i called 3G they told me i never had and account with 3G and i have that recorded
    • Post Points: 20
  •  Thu, Feb 09 2012, 3:05 PM

    Re: Lowell Portfolio 1

    Thank you for your reply!!

    Thanks for the advice which is very tempting, but my only worry is the threat of putting a hold on my credit file...They have said they would do this.

    Thanks again and I will give the telecommunications ombudsman a call.

    Hayley
    • Post Points: 20
  •  Thu, Feb 09 2012, 2:49 PM

    Re: Lowell Portfolio 1

    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
    • Post Points: 35
  •  Thu, Feb 09 2012, 2:00 PM

    Re: Lowell Portfolio 1

    Hiya

    I am absolutely furious right now!!

    I have a feeling I know what everyone will be thinking, as I think I already know that I don't have a leg to stand on, but if anyone out there thinks that I have a chance in disputing this then please, I would love to hear from you!!!

    I first heard from Lowell on Christmas Eve 2011, although the letter was under another company name, who apparently are the same people?? It stated that I owe £100.45 for a debt that I hadn't paid to O2. I had a contract with O2 back in 2005 which lasted for just 12 months. I paid my bills every month without fail, so I knew that I couldn't possibly owe this money! I called the company and was astounded to learn that they knew more information about me than what I even knew, and aswell as this they had had the account since 2009 but only just contacted me regarding it now. (They even knew previous addresses so not knowing where to find me wasn't the issue.) I then asked him what the bill was for and he told me it was because I didn't notify O2 that I wasn't continuing my contract! I had no idea (and maybe I am just naive here) that I had to tell them this, and therefore was charged the above amount. I just thought that the 12 months were up, seeing as this was what I agreed to and that would be the end of it, I would be cut off and that was that.

    How wrong could I have been!?? I then asked them to send me proof of my statements and my contract, which they said they would get, but all I received this morning was a ridiculous photocopy of an excel spreadsheet, which just looks totally fake, and this is all they can give me! They told me I cannot do anything more about it as it will be my word against theirs and that I have to pay this money! I have refused because I clearly do not think that it is fair seeing as I was never informed of this rule in the first place, in fact i don't even remember signing a contract for this phone deal as I bought it online, surely i don't have to pay this. I know it isn't a lot of money but I feel on priniciple alone I shouldn't have to pay this? I mentioned getting in touch with CAB but they are adamant that i am wasting my time!

    Sorry for the long winded post but I am so stressed out and didn't want to miss anything out. If anyone has any suggestions or pointers to help me out then all will be received gratefully.
    • Post Points: 20
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