Debt bought by third party

Debt bought by third party

Postby mattwhitcher » Tue Jul 20, 2010 12:44 pm

Hi, My girlfriend had an Adams store card and ran up a debt, but now the company has gone into administration and the debt has been sold to The Lowell group who have started sending threatening letters. I would have said to NCRTS it but it was not marked, so was opened. I have suggested that she write a letter asking for all the proof of the debt but would greatly appreciate any help as i'm quite new at this. Thanks in advance. Matt Whitcher.
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Re: Debt bought by third party

Postby startfresh » Fri Aug 20, 2010 8:33 am

if you look at it this way and i am not totally sure about this you havent a contract with the lowell group so there fore you dont owe them any money, try to get some more advice before you write any thing im sure theres loads of people on here who know and will have some good advice unclefreshy
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Re: Debt bought by third party

Postby Blacksmith » Fri Aug 20, 2010 3:40 pm

mattwhitcher wrote:the company has gone into administration and the debt has been sold to The Lowell group who have started sending threatening letters


startfresh wrote:you haven't a contract with the Lowell group so there fore you don't owe them any money, try to get some more advice before you write any thing I'm sure there's loads of people on here who know and will have some good advice unclefreshy


**DO NOT communicate with the Lowell Group in any way.** This will signify an acknowledgement of the debt, thus establish grounds to proceed against your girlfriend.

Some Debt Collectors have a reputation for attempting to collect Statute Barred debts. This may be an attempt to commit this type of Fraud. Debts that are unenforceable under the Limitation Act: 1980, which in the case of most Store-Card Credit, after 6 years, since the last payment was made on the Store-Card, or other form of acknowledgement of the debt has been made. So your girlfriend may owe nothing, even under Statute Law either.

Freshy, you are correct, in terms of Common Law. No-one can owe anything to anyone without a valid contract to that effect.

Also, in that this Intervener, purchased this alleged debt from the Creditor, they have settled this debt, consequently there is no longer any obligation on the part of the Debtor to settle a debt that no longer exists.
Just because it's Legal doesn't make it Lawful, however, what is Lawful must always be Legal.
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Re: Debt bought by third party

Postby Farmerboy » Fri Aug 20, 2010 7:51 pm

What he said.

The word we use is 'controversy'. If they say there is and you say there isn't then you are in controversy and it is on this that you go to court to 'settle' the matter.

Do not contact them or talk on the phone or answer any letters. I would go as far as NCRTS but after that, no contact.

As already said, any debt that adams may consider has already been paid for by the third party. As the debt collection agency is not the injured party, that's their problem! **So do not enter into a contract, implied or otherwise, with them.**

From Blacks legal dictionary:

AMOUNT IN CONTROVERSY - amount in controversy. The damages claimed or relief demanded by the injured party in a
lawsuit.

CONTROVERSY - controversy. A disagreement or a dispute, esp. in public.

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Re: Debt bought by third party

Postby mattwhitcher » Sat Nov 06, 2010 12:42 pm

HI again, thanks for the advice so far guys. To update we have not contacted Loweel but they have now past it on to Hampton Legal who write

Dear Madam
ASESSING YOUR ACCOUNT
Despite our last letter outlining the consequences of not paying your outstanding balance, we have not recieved your payment.
We are now deciding the best course of action to recover the money you owe. This could mean legal proceedings and applying to the court for a county court judgement (CCJ)
If we are granted a CCJ and you still withhold payment, we may apply to enforce the CCJ and this could mean that we request the following action:
a bailiff to remove possesions from your home, or
applying for the value of the debt to be secured on your property, or
apply to recover the money you owe by making deductions directly from your earnings.
All the action described above will depend on your circumstances and the amount you owe.
Any judgment we obtain against you will affect your credit rating and could remain on your record for 6 years. You could also be ordered to pay legal fees and interest together with your overdue account balance.
Our objective is to ecover the money you owe. If you make a payment or choose a payment plan you can avoid legal action and additional costs.

So that the threat, What do we do now? As the debt has been bought by Loweel group and we have not contacted them and, thus not formed a contract do we have anything to worry about? All advice is greatly recieved.
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Re: Debt bought by third party

Postby jason,essex » Sat Nov 06, 2010 6:54 pm

you can try these letters? you form a tacit agreement and invoice them for contacting you. got letters from http://www.getoutofdebtfree.org but you must adapt the letters to suit you. send this recorded delivery.
Non-Negotiable

Sue-June: Robs
C/o 12 South Street
Near (NG1 1AA)

Penham Excel Ltd
Ashley House
Siemens Road
Stafford
ST17 4DT

05/07/2010

Re: Client Reference Number:

Dear Sir or Madam

Thank you for your recent contact dated 04.01.2010.

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.

Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with The Bills of Exchange Act 1882 and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

This is not a complaint or a query or a request for a statement / agreement and is not to be treated as one.
Do not refer to me as Mr or any title, which is a legal fiction and is not me.

Yours sincerely

By:

By: Sue-June: Robs

Authorised Representative All Rights Reserved. Errors & Omissions Excepted

WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT

THEN SEND NEXT LETTER 10 DAYS LATER




Non-Negotiable

Sue-June: Robs
C/o 12 South Street
Near (NG1 1AA)

Penham Excel Ltd
Ashley House
Siemens Road
Stafford
ST17 4DT

05/07/2010

Re: Client Reference Number:

Dear Sir or Madam

I wrote to you on 02/07/2010 requesting verification of your claim including a lawful contract; a signed invoice and proof of agency to validate your claim, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide the requested documentation within ten (10) days from the above date will constitute your agreement to the following terms:

That you are a third party interloper;
That you have no legal standing;
That you have no first-hand knowledge of this matter;
That your claim is fraudulent;
That any damages I suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further.
That you agree to pay all Fee Schedules.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

This is not a complaint or a query or a request for a statement / agreement and is not to be treated as one.
Do not refer to me as Mr or any title, which is a legal fiction and is not me.


Yours sincerely


By:


By: Sue-June: Robs


Authorised Representative All Rights Reserved. Errors & Omissions Excepted

WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT



THEN 10 SEND THIS ONE




Non-Negotiable

Sue-June: Robs
C/o 12 South Street
Near (NG1 1AA)

Penham Excel Ltd
Ashley House
Siemens Road
Stafford
ST17 4DT

08/07/2010

Re: Client Reference Number:

Dear Sir or Madam

I wrote to you on 05/07/2010 requesting verification of your claim including a lawful contract; a signed invoice and proof of agency, to validate the debt, within ten (10) days. As you have failed to provide the documentation within the ten (10) days requested in my last correspondence, we are now in agreement to; and have a lawfully binding tacit agreement comprising, the following terms:

That you are a third party interloper;
That you have no legal standing;
That you have no first-hand knowledge of this matter;
That your claim is fraudulent;
That any damages I suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further.
You have not proven any debt, if you sell the alleged liability, pass it back to your client and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule £(3X what they are claiming) for dishonouring our agreement, £1000 per hour or part of it of authorised representatives time nunc pro tunc, £1000 per recorded delivery response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is £100 per item payable in advance, place the cheque in the envelope, if no payment is made in advance the fee will rise to £1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe.

This is not a complaint or a query and is not to be treated as one.
This is not a request for a statement / agreement and is not to be treated as one.
Do not refer to me as Mr or any title, which is a legal fiction and is not me.

Yours sincerely

By:

By: Sue-June: Robs

Authorised Representative All Rights Reserved. Errors & Omissions Excepted

WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT
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Re: Debt bought by third party

Postby David M » Sun Nov 21, 2010 11:06 pm

mattwhitcher wrote:HI again, thanks for the advice so far guys. To update we have not contacted Loweel but they have now past it on to Hampton Legal who write...

So that the threat, What do we do now? As the debt has been bought by Loweel group and we have not contacted them and, thus not formed a contract do we have anything to worry about? All advice is greatly recieved.


It sounds like a typical threat to me. You need to inform them that you have no contract with the company that bought the debt and they will have to prove otherwise.

Have you checked out the 'Get out of Debt Free' website? It's worth a look.
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Re: Debt bought by third party

Postby David M » Sun Nov 21, 2010 11:06 pm

It seems Jason beat me to it. Good man. :)
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Re: Debt bought by third party

Postby philks » Tue Dec 07, 2010 6:38 pm

hi am new to this site but was told to have a look by a friend, am in a similar position to this fella i took a loan out to buy a car in the dealership through black horse but around a year later i recieved a letter from santander to say that they have taken over the debt and that i didnt need to do anything as they have sorted it. nothing changed the money still went from me bank as normal i didnt have to do a thing but i never recieved a new contract to sign or anything.

this was around a year and a half ago and i have been paying the direct debit as normal as i did not know any better i have also been in contact with them on numerouse occasions and filled even filled in a new direct debit form as i had accidently canceld it, does this mean that i have agknowledge the debt and that it stands or is there anything that i can do about it.
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Re: Debt bought by third party

Postby mattwhitcher » Mon Jan 24, 2011 1:55 pm

Hi again and thanks for the advice. To update, Lowell have now instructed buchananclark + wells. Who write

FORMAL DEMAND
Dear Miss *******
We have been instructed by Lowell Portfolio 1 Ltd to recover an overdue debt, in the sum of £***.**on their behalf
Our clients have informed us that they are unaware of any legitimate reason for non-payment and whilst they would prefer an amicable settlement, they will not hesitate to commence Leagal Proceedings if necessary.
ONCE JUDGEMENT OR DECREE HAS BEEN GRANTED THE FOLLOWING MAY OCCUR:
i) Your debt being increased to include legal costs and interest.
ii) Your name being entered in the Public Records of your local court.
iii) Your credit Worthiness being adversely affected for future Credit and Mortgage Apllications.
IF NON PAYMENT CONTINUES THEREAFTER:
i) An Application may be made to your employerfor an attachment of Attachment of Earnings.
ii) An Officer of the Court may be instructed to Seize your Assets to redeem the debt including escalating cost and interest.

To avoid these actions being taken, payment must be made immediately. You may contact our 24 hour Payment line on 0044472 blah blah blah.

So whats next folks? It all looks very threatening and legal but as the debt was bought by a third party (Lowell) and no contact has been made by my girlfriend there can be no contract with them I think? Again many thanks to those who have helped so far and for any posters who reply to this.
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