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Lowell Portfolio 1

Last post Wed, Dec 03 2014, 7:45 PM by Zeb. 137 replies.
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  •  Wed, Dec 03 2014, 7:45 PM

    Re: Lowell Portfolio 1

    Lowell are an absolutely genuine company. most people will never get to know of them because they keep a clean credit profile but if you are unfortunate to have fallen behind in payments and have ignored letters of recovery then it is highly likely that you will come across Lowell or a similar company. they are a debt collection agency who buy up debt from companies who cannot contact the people who owe them money. I will admit they use some clever tricks to find the right people and sometimes they prey on the wrong people but this is usually through error as there is a code of practice for which they must abide.

    I can be certain that there are very many people who are royally pixxed at Lowell who will hound them for money that they owe, but for the vast majority of these people they have had their chance to pay the debt they owe and have (often blatantly) ignored these requests and so this is where they come into their own....and if you still fail to pay what you owe you can be pretty sure that it will be at least 6 years before you have clean credit, or clean enough to obtain credit again.

    I am not a big fan of companies like this but they have their place to recover money from those who don't want to pay. It allows credit providers to allow others to borrow money or else they just would not lend to anyone at all for fear of losing too much money.

    I doubt they are trying to hide their identity or location, but like many others they have a PO Box for business correspondence and a regular address for internal or non client business post. This is not an unusual practice, most lenders would usually offer something similar.

    Just view Lowell as the bottom feeders that feed on the crap that falls to the floor and allow the big fish at the top to operate more easily

    • Post Points: 5
  •  Wed, Dec 03 2014, 6:00 PM

    Re: Lowell Portfolio 1

    This is a list of their

    All this information is available on companies house
    http://wck2.companieshouse.gov.uk//companysearch?disp=1&frfsh=1417628210&#result

    Many private limited companies on one address there may be more

    all have similar names

    06527689 LOWELL GROUP LIMITED
    07970601 LOWELL GROUP FINANCING PLC
    04857418 LOWELL PORTFOLIO I LTD
    08096778 LOWELL PORTFOLIO III LIMITED
    08336897 LOWELL PORTFOLIO III HOLDINGS LIMITED
    08654105 LOWELL PORTFOLIO IV LIMITED
    08647094 LOWELL PORTFOLIO IV HOLDINGS LIMITED
    • Post Points: 20
  •  Wed, Dec 03 2014, 5:44 PM

    Re: Lowell Portfolio 1

    Here is their Name & Registered Office:

    LOWELL FINANCIAL LTD
    ELLINGTON HOUSE 9 SAVANNAH WAY
    LEEDS VALLEY PARK
    LEEDS
    WEST YORKSHIRE
    ENGLAND
    LS10 1AB

    Company No. 04558936


    Lowell group. This is the informtation from the companies house website they hide their address on the letters by putting a p.o box but here is their address

    Just contact them here so they know we know who they are.
    • Post Points: 5
  •  Fri, Oct 31 2014, 5:54 PM

    Re: Lowell Portfolio 1

    hi Harrowbobby, many thanks indeed, yes i am getting good advice from CAG, will check out the Legal Beagles, :) have a good weekend , will keep posting:)
    • Post Points: 35
  •  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: 20
  •  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

    http://news.bbc.co.uk/1/hi/business/8435867.stm

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

    i quote:

    Waksman:

    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

    huckster:

    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.

    (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
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