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Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by waylander62 on Sat Oct 07, 2017 2:25 pm

does she have a copy of the terms and conditions of the account when she first opened it ?

if yes then she needs to have a read of them

if No then she needs to request a copy of the terms and conditions of the account from Studio.

thats what i would do.

is this a live studio a/c ? or has she defaulted in the past and is now paying it off each month?

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by waylander62 on Sat Oct 07, 2017 9:37 pm

ok i understand, what i dont understand is why studio have sold her account ???
the reason i asked about the terms and conditions are to see if their is a term in there that says they have the right to transfer your debt to a third party.

If there is then she does have a contract with lowell in the eyes of the english civil courts unless you can prove otherwise.

this still doesnt make a lot of sense to me as to why studio would sell her account ? which is being paid and has not defaulted ? has she purchased anything from studio since june 2017 ?

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by Guest on Sat Oct 07, 2017 10:10 pm

Hi guys

Perhaps Studio defaulted on their own finances and lowell were appointed to administrate their accounts?

Or they self-finance the credit they offer and needed a quick influx and sold some accounts?

....just guessing.

Cheers!

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by waylander62 on Sat Oct 07, 2017 10:41 pm

iamani wrote:Hi guys

Perhaps Studio defaulted on their own finances and lowell were appointed to administrate their accounts?

Or they self-finance the credit they offer and needed a quick influx and sold some accounts?

....just guessing.

Cheers!

i understand what you are saying, but lowell cannot service the account can they ?

they cannot give good discharge as per the act they say have purchased it using ? if she places an order for goods lowell cant provide those goods can they ?

very strange !! there must be more to this ?

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by Jinxer on Sat Oct 07, 2017 10:46 pm

This has happened before to someone either on here or on the old site. I can remember reading about it and it was the exact same scenario, studio selling on an account to lowells that wasn't defaulted on.

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by assassin on Sun Oct 08, 2017 1:46 am

Its very simple, studio will have contracts with numerous suppliers to supply a fixed or minimum quantity of goods over a prescribed time and often these will have penalty clauses within these contracts.

Studio may have had a lot of defaulters and made huge losses.

Studio may simply be rationalising their accounts and looking for a cash injection for their shareholders.

Studio may be looking at a takeover by another company and told to get their accounts in order by a certain date.
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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by waylander62 on Sun Oct 08, 2017 12:42 pm

assassin is more than likely correct in his assumption,

however this does not make it right, or indeed lawful under the CCA.

it will without a doubt state somewhere in their terms and conditions ( studio ) that they have the right to transfer the account to a third party.

which in this case they have done, it being lowell.

in my opinion, and it is just my opinion, the 3 letters would be a waste of time, it would be best to look at other areas and ask other awkward questions.

my first point of call would be to write directly to studio and ask for a copy of the letter they sent on the 2nd september 2017, send to STUDIO directly and not lowell.

was this an active account ? or did your friend stop using it a while ago and it had become dormant.

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by Candor on Sun Oct 08, 2017 1:24 pm

Also further or in the alternative to what waylander has stated is that their is the issue of obtaining a good discharge.

So operating on the proviso that you are not challenging the debt but intend to discharge it, you need to know the purchaser/assignee/transferee of the account has good title to the rights and beneficial interest, so you can discharge the debt, otherwise why the hell are you paying them.

Proof of their having been assigned such title will have been effected by way of a deed from the OC, its a transfer or disposal of property.

Contract ad idem is not really anything to do with it.


Last edited by Candor on Sun Oct 08, 2017 1:39 pm; edited 1 time in total

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by waylander62 on Sun Oct 08, 2017 1:35 pm

@Candor wrote:Also further or in the alternative to what waylander has stated is that their is the issue of obtaining a good discharge.

So operating on the proviso that you are not challenging the debt but intend to discharge it, you need to know the purchaser/assignee/transferee of the account has good title to the rights and beneficial interest, so you can discharge the debt, otherwise why the hell are you paying them.

Proof of their having been assigned such title will have been effected by way of a deed from the OC, its a transfer or disposal of property.

correct, i agree, i mentioned this myself in a previous post in this thread,by selling to lowell they have effectively cut off your ability to trade with them for any further goods because lowell cannot provide the service by which you first entered the agreement.

that is why i asked if the account was open and trading or if it had become dormant.

now is the time to gather any and or all evidence you can, ask studio for a copy of that letter in my previous post.

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Re: Lowells bought a "non" debt--advice needed for 2nd letter in 3 letter process

Post by waylander62 on Sun Oct 08, 2017 2:39 pm

Hi Waylander,

Her account was open and not dormant--she was not in debt and was paying as required monthly by debit card.....As I said, she received a phone call out of the blue from Studio to say that Lowells had purchased a large number of their accounts in bulk.
Again... as far as I am concerned, if anyone is foolish enough to buy a "debt", then that debt has been paid by them and therefore does not exist any more.

What is the Law of Property Act 1925, which Lowells quote in their letter?

also, the DEED OF NOVATION is a significant piece of documentation, as far as I am aware--so would Lowells be able to provide that?


  ok, then by selling to lowell they may have created a problem for themselves and lowell this is why we need to ask some awkward questions and get the answers in writing.

because lowell bought the "debt" does not mean that it is satisfied in the eyes of the law ( not my own thoughts but the law )

law of property act is the act that they claim they purchased the debt 'under', which is why i think you should ask studio for a copy of the letter sent on 2/9/17 to start with.

forget the deed of novation, this would not have been transferred using a novation agreement.

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