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Lowell Debt collection devils, affecting my life and business

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  • Lowell Debt collection devils, affecting my life and business

    Hi everyone, I would greatly appreciate if anyone can give me some guidance on dealing with these scoundrels.

    So back in 2008 I was a customer at the co-operatvive bank. I used a current account with them with ZERO credit facilities, overdrafts and so on. I was working as a data processor at the time and was paid by cheque by my employer. I deposited my first months pay and everything was all good and dandy, until I believe 3 weeks later the bank said the cheque had bounced from my employer and the money I had withdrawn to pay my rent, bills ect ect had to be paid back. naturally I was like what the hell is going on . I disputed the fact that it was my fault and the bank and I went back and forth in disagreement. The amount they claimed I now owed was around £2300 ( as far as i recall) . I do not recall ever receiving any official claim from them as all my communication was over the phone. This is 2008 so my memory is a bit sketchy , I am though 100% certain that I never received a default notice from them or any indication that they where passing this debt they claimed i owned onto another company. This debt was in dispute .

    Roll on 2012

    I've opened my own business in the educational sector ( working with colleges,universities training providers) , helping people from all walks of life gain qualifications that ultimately raises them out of poverty through improved job opportunities. Things are going great im thinking about expanding the business so i start looking at loans and financial packages online, but before i do I go ahead and check my credit file. Lowell have only gone and slapped a default on my credit file for £2900 , there also seems to be another one from lowell from a prior Natwest bank account ( for unfair bank charges i disputed... not for any credit services )....HOW DARE THEY ..... seriously

    What i have done since discovering these entries

    Right im not having any of this. So after discovering these damaging entries I immediately contact lowell ( by phone) to question it (bad idea because that's when all the threatening letters start pouring in) . They claim that the debt was sold to them and I owe it and that's that, pay or get a ccj. ( if i knew then what i knew now , i would have handled it very differently) .

    The big mistake i made

    I relented to the constant calls, texts and threatening letters and stupidly agreed to make monthly payments ( I was under a lot of stress , the business was growing, my teenage son was misbehaving and going down the wrong path, I was doing a degree ) It was totally under duress . They preyed on my ignorance of the law... god i hate them.

    Skip to 2014

    My saving grace. I found legal beagles. To cut a long story short, I cancelled the direct debit after reading through a few threads here. I sent £1 and a request under the CCA ( this failed as it was a bank account and not a credit service) .

    They then sent me back my request but also added there responce and also a fake notice of assignment ( clearly a reprint , not a copy)

    [IMG][/IMG]

    [IMG][/IMG]

    And heres the "COPY" of notice of assignment ( the idiots didn't even change the date , its dated the same date as the accompanying letter, this is not a copy of the original, because i never received one)
    [IMG][/IMG]

    So i sent a SAR and got back a envelope full of nonsense, nothing of relevance, no default notice , no notice of assignment, no copies of correspondence they claim to have sent previously. Just internal entries from their system. I put in an official complaint and received this

    [IMG][/IMG]

    A whole 2 months later and they sent this

    [IMG][/IMG]
    The date in which they claimed they sent the NOA for the active account (co-opperative has now changed from the 14 January 2013 to the 15th January 2013)

    I am totally disgusted with these people and as such I have lodged a complaint with the FOS

    [IMG][/IMG]

    I would really like some help in terms of how to build a case against these people. Because of the default on my credit file I have been unable to

    1. Get a business loan to expand my business and pay my business liabilities
    2. Rent a property
    3. Get any credit services that require monthly payments

    I will now have to close my business, I have run out of savings and can no longer maintain the cash flow required to service my clients. I am unable to get a loan to cover my business liabilities. To make matters worse, Equifax and Experian have confirmed that it was 100% Lowell who added the default on my credit file ( not the co-opperative bank). These cowboys have defamed my name , cut of my credit lifeline and destroyed my business.

    I need help guys , sorry for going on and on , but I have tried to add as much information as possible. Any assistance in how to proceed with court action would be helpful.

  • #2
    Re: Lowell Debt collection devils, affecting my life and business

    Was the bounced cheque honoured after this and the money returned to your account?

    Comment


    • #3
      Re: Lowell Debt collection devils, affecting my life and business

      Originally posted by wales01man View Post
      Was the bounced cheque honoured after this and the money returned to your account?
      I did notify my employer at the time that the company cheque he had issued had bounced, but he did not honour the payment and it is at this point the dispute began between myself and the bank. I have requested a SAR from the co-operative bank so I can see all the information they hold pertaining to this debt. My question is not whether or not the co-op believe they had just cause , my question and point is why did I not receive any notification whatsoever from either the Co-op or Lowell in writing which would have allowed me time to respond with a clear argument. Even if they believed I was ultimately responsible for this debt, I should still (legally) be notified in writing by both the bank and Lowell (prior to any action being taken). Furthermore Lowell have absolutely no details on the alleged debt , only that it was for a current account.

      Comment


      • #4
        Re: Lowell Debt collection devils, affecting my life and business

        Expect them to conjure up claims of letters sent to you Keep on this site as there are others who can offer the help you need you have to remember Lowells do not fight fairly

        Comment


        • #5
          Re: Lowell Debt collection devils, affecting my life and business

          Let's clear up a few things.
          1. Lowell did not register the default the account will have been defaulted prior to the sale of the debt, all Lowell was update credit files at that time.
          2. It is a very Big Mistake to deal with companies like Lowell by phone.
          3. If the account (s) are current accounts or a current account with an overdraft facility then there is no CCA 1974 regulated agreement.
          4. From what I can see from the mass of data provided here, the regulators comments are correct and fair.
          5. All your " complaints" are really with the original account providers.
          6. The defaults will have been placed by the account providers and appear to be correct.
          7. A Deed of assignment is the contract between the debt seller and the debt purchaser and is a commercially sensitive document, production may be ordered by a judge, as the deed contains a mass of data not relevant to your case.
          8. The NOA provided is I would imagine a reconstruction of what you would have received not a "fake"

          Back to the start of this situation.

          If one pays an item into a bank account that is not honoured by the drawers bank your bank is entitled to reclaim all drawings made against the dishonoured item, it is then entirely up to you to seek redress from the originator of the cheque.

          You must ensure that you bring your account back with in the agreed limits.

          As far as It is possible to separate the parts of this scenario I would have to suggest that The Cooperative Bank is right in its stance and your "dispute" is with the ex employer.

          It is difficult to see where to go further with this.

          Comment


          • #6
            Re: Lowell Debt collection devils, affecting my life and business

            Thank you for the response , but I would like to address a few of your points,

            1. Lowell did not register the default the account will have been defaulted prior to the sale of the debt, all Lowell was update credit files at that time.
            This entry ONLY appeared on my account at the beginning of 2013 it was NEVER there prior to this date, both experian and equifax have posted credit reports going back to 2009, both reference agencies have confirmed that there was no default placed by the co-operative (ever)
            The default appeared on my credit file only after i stupidly paid them £30 to stop all the threats ect ect

            8. The NOA provided is I would imagine a reconstruction of what you would have received not a "fake"
            This document was never sent to me. I never received it . The copy they claim is a copy is not a copy it is clearly a re-print of a template they use. The date on the "copy" is incorrect it is not the date they had claimed they sent the original on ( a whole year prior) . So if i have not been served with the Notice of assignment under section 136 of the law of property's act 1925, how can they claim ownership of this debt irrespective of whether or not they believe i am at fault. They still have to abide by the law. Or am i mistaken?

            Finally if they claim to have sent me a notice of assignment, then why did it not appear in the SAR I received, when I specifically requested all correspondence they claim to have sent me regarding the debt.
            Last edited by orangefridays; 18th November 2014, 21:09:PM.

            Comment


            • #7
              Re: Lowell Debt collection devils, affecting my life and business

              Originally posted by orangefridays View Post
              Thank you for the response , but I would like to address a few of your points,

              1. Lowell did not register the default the account will have been defaulted prior to the sale of the debt, all Lowell was update credit files at that time.
              This entry ONLY appeared on my account at the beginning of 2013 it was NEVER there prior to this date, both experian and equifax have posted credit reports going back to 2009, both reference agencies have confirmed that there was no default placed by the co-operative (ever)
              The default appeared on my credit file only after i stupidly paid them £30 to stop all the threats ect ect

              8. The NOA provided is I would imagine a reconstruction of what you would have received not a "fake"
              This document was never sent to me. I never received it . The copy they claim is a copy is not a copy it is clearly a re-print of a template they use. The date on the "copy" is incorrect it is not the date they had claimed they sent the original on ( a whole year prior) . So if i have not been served with the Notice of assignment under section 136 of the law of property's act 1925, how can they claim ownership of this debt irrespective of whether or not they believe i am at fault. They still have to abide by the law. Or am i mistaken?

              Finally if they claim to have sent me a notice of assignment, then why did it not appear in the SAR I received, when I specifically requested all correspondence they claim to have sent me regarding the debt.
              All The creditor has to do is record the date of an NOA or DNA on its files.
              As to the default I'm wondering if this not another case of the CO-OP banks internal incompetence,

              I would raise a formal complaint with whoever is the CEO of the bank at this point, but do not talk of fakes and of falsifying documents it won't help your cause.
              Was a comms. log provided with the SAR data?

              Comment


              • #8
                Re: Lowell Debt collection devils, affecting my life and business

                Hi there. Are you saying that Lowell does not have to send me an NOA , that they can just record it on their system without any evidence of it being sent. ? Well wouldn't that totally defeat the purpose of the Law of property's act section 136?

                Yes a comms log was provided with the SAR and there is no indication whatsoever of a NOA being sent.

                Comment


                • #9
                  Re: Lowell Debt collection devils, affecting my life and business

                  I've opened my own business in the educational sector ( working with colleges,universities training providers) , helping people from all walks of life gain qualifications that ultimately raises them out of poverty through improved job opportunities. Things are going great im thinking about expanding the business so i start looking at loans and financial packages online, but before i do I go ahead and check my credit file. Lowell have only gone and slapped a default on my credit file for £2900 , there also seems to be another one from lowell from a prior Natwest bank account ( for unfair bank charges i disputed... not for any credit services )....HOW DARE THEY ..... seriously

                  If your business is an Ltd. , and you try to get a business loan, your personal credit history/debts etc. will not affect you. If your business is doing good and you can prove to your bank manager that you make a profit they will give you a loan.
                  A business is same as a person, you have to maintain a good credit history , but is a complete different entity from yourself.

                  Comment


                  • #10
                    Re: Lowell Debt collection devils, affecting my life and business

                    Hi, my girlfriend received two letters from this company today asking for over £700 for a t mobile and Jd Williams debt. She knew nothing about them and it caused a bloody big argument.she phoned them and asked them to send proof as she disputed owning any money, and she has never had debts. I'm sorry posting as a reply but we are both worried sick and don't know how to post etc.I don't believe we should pay on demand and want to know what action she should take. Can anyone assist us please in our hour of need....

                    Comment


                    • #11
                      Re: Lowell Debt collection devils, affecting my life and business

                      Originally posted by snrtasape View Post
                      Hi, my girlfriend received two letters from this company today asking for over £700 for a t mobile and Jd Williams debt. She knew nothing about them and it caused a bloody big argument.she phoned them and asked them to send proof as she disputed owning any money, and she has never had debts. I'm sorry posting as a reply but we are both worried sick and don't know how to post etc.I don't believe we should pay on demand and want to know what action she should take. Can anyone assist us please in our hour of need....
                      I'm sure people can help but please start your own thread about this . It saves confusion . Once you have started your new thread knowledgeable beagles will be along to help. however dont speak to them on the phone . Keep everthything in writing. We will guide you the process. Lowells and other debt purchasers are sharp practicioners and have selective memories about phone calls .

                      Comment

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