I hate scam artists … the latest today comes as “Lowell Portfolio”, apparently these guys bulk buy “bad debts” in the hope of scaring the unlucky sod that is their target into paying them without question, 99% of the time these debts don’t actualy exist …
Well I’m having none of it …
- First things first DO NOT TELEPHONE THEM, they will try to extract personal information from you, and attempt you get you to admit to the debt.
- Keep and file any letter from them as evidence.
- If they do telephone you demand everything in writing and hang up, at no point admit to the debt, it is down to them to provide evidence of the debt, an admission on your part absolves them of any “burden of proof”
- As posted here: http://www.moneysupermarket.com/COMMUNITY/forums/t/lowell-portfolio-1-16516.aspx by boyboynova respons with the following template letter RECORDED DELIVERY.
Response template:
To Whom It May Concern:
Your Reference: xxxx
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1
postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.
I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.
This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary,
I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )
4.Fair Processing Notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
We may give information to the Credit Reference Agencies about personal debts you owe us if:
·The Amount Owed is Not in Dispute.
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods-
2.8 Examples of unfair practices are as follows:-
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.
If you do not understand what this means then seek advice from your legal department.
I look forward to hearing from you within the statutory time limit.
Yours faithfully
<< YOUR NAME HERE >>
Tags:
Lowell Portfolio,
scam
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