Lowells say goodbye... how sad NOT

[flintstones1960]

Just thought I'd share my good news. I've just recieved this goodbye letter from lowells.

 

I'd be really sad at the thought I might not hear from my friends at lowells again but not to worry at least 3 other account are with them so I guess they'll be on my "Special" Xmas list for a while yet!!

 

[noomill060]

The Leeds Losers get stuffed again!

[Happyfeet24]

Now that's one letter that I wouldn't mind getting!

[silverfox1961]

Almost the same letter as i got but they still refuse to remove the adverse data.

[flintstones1960]

getting rid of the adverse information on my file is the next step and one I anticipate will be a lot harder to do but as they say no pain no gain.

[fedup74]

:lol: 1 down 3 to go hahaha:D Wonderful news.

[fiftypence]

getting rid of the adverse information on my file is the next step and one I anticipate will be a lot harder to do but as they say no pain no gain.

 

They seemed to roll over quite easily when I told them to clear their defaults on me when they couldn't come up with a valid CCA. Still waiting for them to follow through with their promise though.

[cerberusalert]

They seemed to roll over quite easily when I told them to clear their defaults on me when they couldn't come up with a valid CCA. Still waiting for them to follow through with their promise though.

 

Same here, mind you I did threaten them with litigation tho' + mine was 'Statute Barred' anyway.

[fiftypence]

Same here, mind you I did threaten them with litigation tho' + mine was 'Statute Barred' anyway.

 

Oh yeah, it goes without saying I gave them a taste of their own medicine by threatening them with legal action Difference was though I would have no hesitation in carrying it out should they not comply.

[DDWales]

Nice one Im on the first steps on taking the SAR and CCA route on a few banks and DCA's. This gives me hope!!!

[cerberusalert]

Oh yeah, it goes without saying I gave them a taste of their own medicine by threatening them with legal action Difference was though I would have no hesitation in carrying it out should they not comply.

 

The little monkeys never learn tho', as I said mine was 'Statute Barred' & the default from Crap1 had dropped off my CF a year previously. Along came Lowlife threatening everything from castration to sequestration & added three defaults over consecutive months. Then they had the temerity to inform me in writing no-less, that they had the legal right to do so:rolleyes:

 

I mean, 'Statute Barred' no CCA anyway. They must be all on drugs or in La La land...probably both:rolleyes:

[flintstones1960]

A quick question... do I write to the CRA's or Lowell requesting they remove the adverse information or both?

[cerberusalert]

Send it to the Lowlifes. In the rare event that they are acting on behalf of the Co-Op instead of themselves they are required to pass it back to them anyway.

[flintstones1960]

Thx will do that later as OH says I'm addicted to this site and upseting the DCA's has become my main hobby:D

[Desperate Daniella]

Oooh. I wish they would all start admitting they haven't got their agreements.

 

Brilliant.

 

DD

[purpleperson]

That is a fantastic letter!!

[adamski]

I have 3 of the same letter from Clownells they are easily dispatched

[cadencealex]

Well done

[flintstones1960]

Well I guess I knew it was just too good to be true. The Leeds Losers just can't follow the rules can they. After sending me such a nice letter to say the account was close and they wouldn't be contacting me again I wrote back (very politey) and told them to remove the default. What did I get back.........a letter that just takes the biscuit and the bloody crumbs.

 

Firstly they daft buggers quote a totally different account reference and tell me that they have never recieved a CCA request (that's because I haven't sent one yet on this a/c you mindless morons) and thats why it hadn't been processed!!!!!

 

Then they say they have duly noted my comments concerning section 10 but that as the debt was purchased by Lowell Portfolio from Lloyds !!!! This debt is from the Co-op!!! That a NOA has been sent in writing (not got one) and therefore they wont be removing the default as the information is being held correctly :-x My reply is below:

 

 

Dear M/s Swallow,

 

I am in receipt of your letter dated 00/00/09 and am to say the least very confused. Your letter is referenced to account 1 ******** which to date I have not entered into any correspondence with you regarding this account. Your letter then goes on to mention reference 2********* on which action has been suspended until such time as proof of the alleged debt can be proven. The second paragraph actually relates to reference 2******** but doesn’t state which account to which it refers and which I wrote to you about on the 00/00/09.

 

I trust you are able to understand why therefore I was in a state of confusion and why it took so time to actually work out what you were referring to.

 

Unfortunately the response to my request to cease processing my data with regards to account 2********* has not been clarified to my satisfaction. You refer to a notice of assignment regarding this alleged debt dated July 2006 however I have no record of having received such correspondence. In addition the fact that this alleged debt is unenforceable due to the lack of a true signed agreement for the alleged account under consumer credit Act 1974 s77/8 means that the account is therefore in dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

The document that you were obliged to send me was 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 were 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.

 

 

 

 

I refer you in particular to the last two points which state:

• you may not register any information in respect of the account with any credit reference agency.
  
• You may not issue a default notice related to the account.
   
   
   
  

I have received a copy of my latest credit report which clearly shows a registered default for this account which as it is under dispute due to lack of an enforceable agreement is clearly in breach of the act.

 

It is not my duty in law to prove that I do not owe this alleged debt but rather your duty to prove that this alleged debt is owed by myself. Should you be unable to prove this alleged debt as you have already shown by the lack of a lawful notice of assignment and a copy of the agreement then under the Data Protection Act 1998 you are in breach of your responsibilities by failing to comply with my lawful request to cease the processing of my data and the sharing of it with third parties.

 

You are choosing to ignore your obligations under the CCA 1974 regarding accounts in dispute and all other guidelines dictating procedure. To continue to follow this path will leave me with no alternative but to issue proceedings against you.

 

I hope this clarifies my position and look forward to your response in writing.

 

What did I get back???? A nice letter from my friend Sam Swallows....Nope I got a response from Glenis Glover at ......Red!!!!

 

Now who told them about my letter?

 

I intend to respond with the following letter but would really appricate it if more expirenced people would pick it apart. I fully intend to start action against them if I dont get the default removed but want to make sure I haven't dropped any clangers or given them anything to use against me.

 

Dear M/s Glover,

 

I am in receipt of your letter dated 00/00/09 in which you offer your apologies for the confusion caused by your letter of the 00th ****** 2009.

 

Firstly the letter thus dated was from M/s Samantha Swallow of the Lowell group and it was to her that my reply dated the 00/00/09 was addressed and sent to. Why then I ask has a reply to this letter been sent from Red debt collections, has my letter been passed to you by the afore mentioned M/s Swallow?

 

Secondly you confirm that you have contacted your client Co-operative bank and confirm that your files are now closed and the account returned to them. I seek clarification as to how the Co-operative bank can be as you state; your client when in a letter dated 15/10/08 from a Karen Williams of Red debt collections you state that your client is Lowell Portfolio 1 ltd who have previously purchased this alleged debt from the Co-operative bank; do you have two clients?

 

Perhaps you could also clarify why I would be pursued by both yourselves and Lowell financial at the same time.

 

Additionally I seek clarification as to how this account has been returned to the Co-operative bank by yourselves when as you have stated it is now owned by Lowell Portfolio 1 Ltd. If this alleged debt has, as you have previously stated been purchased by Lowell Portfolio 1 ltd and this sale was lawful then Lowell Portfolio have taken on the role and responsibilities of the data controller. In this instance I therefore demand to know why Lowell Portfolio have registered a default against me with a credit reference agency for an alleged debt that cannot be proven to be owed by myself and to date I have yet to receive any response to my request to cease processing my data with regards to the above account reference.

 

If however I am incorrect in my understanding and indeed yourself , Lowell Portfolio 1 Ltd or Lowell financial do not legally own this alleged debt and that it has not at any time been sold and therefore a lawful absolute assignment been deem to be in place and the alleged debt is infact wholly owned by the original creditor Co-operative bank. Then I demand to know why again a default has been registered against me by Lowell Portfolio 1 Ltd.

Both of these scenarios have possible legal consequences the nature of which I’m sure you are aware of.

 

I have now written letters of complaint to OFT , trading standards and my local MP and hereby give notice that unless I receive written confirmation within the next 14 days that the processing of my data by yourselves and other third parties will cease along with the removal of the default with any credit reference agency I will commence legal proceedings against any and all parties involved.

 

All suggestions for improvements, changes or just general advice will as always be much appreciated.

[cerberusalert]

Could it be that M/s Glover & M/s Samantha Swallow are one and the same? Is it a prerequisite to have a multiple personality to work for Lowells? Or is it just adequate enough to be bipolar & be lobotomised? Answers on a postcard please & sent to.......

[flintstones1960]

I suspect you could put all the brain cells of all lowlifes employees on a single grain of rice and still have room for all the other DCA's:D

[flintstones1960]

bumping as I really would like some comments to make sure if I've covered all bases

[sorrylittlelot]

I got the same letter - saying that they couldn't provide the CCA and then 2 days after they received my reply to get it removed from my file they sent me a copy of the CCA all be it unenforceable, like you state lowell and red only seem to have 2 employees between them in swallow and glover (incidentaly i have letters from lowell signed by mr glover!)

[ScarletPimpernel]

Red is just a trading name of Lowell, so the apparent versatility of employees is not surprising.

 

With regard to DCAs returning assigned debts to original creditors, this can happen. As I understand it, there will often be a clause in the deed of assignment that allows the purchaser to return duff accounts to the seller. I'm not sure of all the reasons why this might happen, but a seller's inability to provide paperwork might be one; I had an assigned account returned as soon as I said I'd stick the purchaser with a penalty charges claim, so protecting the buyer from litigation of that sort may be another.

 

The way in which debt buyers call the seller their client is confusing; one would expect the purchaser in a sale to be the customer, or client, and not the seller.

[noomill060]

Lowell Financial Ltd buys the debt- it then passes it on to Lowell Portfolio 1 who does the collection

 

Lowell Financial Ltd is refered to by Lowell Portfolio 1 as "their client"

 

Or it could be the otherway round, but either way, one part of Lowells refers to the other part as "the client".

 

At least thats what it infers in the documents they sent me.