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Lowell & OC Letter in same envelope (strange?)

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Lowell & OC Letter in same envelope (strange?)

Post by Best on Fri Jan 12, 2018 1:02 pm

Evening all,

Following on from my prior topic on the former GOODF forum, and my gratitude to those on here for carrying on the baton, I have received an update on my alleged debt situation and would welcome some thoughts.

I hold an alleged Tesco loan for £17k, with no contact from the OC since 2014. I am a home owner.

This morning the postman delivered an envelope containing 2 letters. The first being from Tesco Bank and advising "we have decided to transfer (this is sometimes called "Assign") all of our rights to another company, Lowel Portfolio 1 Ltd."

The second letter is from Lowell giving me "formal notice that your loan with Tesco Bank was sold and assigned to Lowell on 08/11/2017".

I couldn't help but notice the same print reference codes are written down the side of both letters. They were clealry created and printed together.

Is this common or am I being hoodwinked here?

Also, there is no clear explanation or description of the assignment. My quotes above are an exact copy of the letters. Do I commence the standard 3 letter process or the "debt purchased" 3 letter process ?

All advice appreciated.

Best
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Re: Lowell & OC Letter in same envelope (strange?)

Post by LionsShare on Fri Jan 12, 2018 2:47 pm

@Best wrote:This morning the postman delivered an envelope containing 2 letters. The first being from Tesco Bank and advising "we have decided to transfer (this is sometimes called "Assign") all of our rights to another company, Lowel Portfolio 1 Ltd."

Is this common or am I being hoodwinked here?

Also, there is no clear explanation or description of the assignment. My quotes above are an exact copy of the letters. Do I commence the standard 3 letter process or the "debt purchased" 3 letter process ?

All advice appreciated.

To be honest I can't help with your question but if you can find if the "debt" has been sold then by all means read this thread from start to finish, it may be of some help:


http://goodf.forumotion.com/t1509-3-letter-cock-up#12681

There is also an embedded thread in that above which will also need reading!
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Re: Lowell & OC Letter in same envelope (strange?)

Post by assassin on Sat Jan 13, 2018 2:19 am

No, this isn't legitimate so why would a creditor write to you with another letter from the claimed purchaser of the debt, they would write individually.

One common tactic several years ago was just this, one company printed off the documents in the name of both companies, and from memory a court case ruled this illegal because the company sending the documents were cimmitting fraud, so save both documents and the envelope as proof of fraud.
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Re: Lowell & OC Letter in same envelope (strange?)

Post by Tiggy on Sat Jan 13, 2018 12:39 pm

@assassin wrote:No, this isn't legitimate so why would a creditor write to you with another letter from the claimed purchaser of the debt, they would write individually.

One common tactic several years ago was just this, one company printed off the documents in the name of both companies, and from memory a court case ruled this illegal because the company sending the documents were cimmitting fraud, so save both documents and the envelope as proof of fraud.
Can you find a link to that case Assassin?

Section 136 of the Law of Property Act 1925 just says a notice of assignment has to be issued, it doesn't say which party has to issue it.

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Re: Lowell & OC Letter in same envelope (strange?)

Post by assassin on Sat Jan 13, 2018 2:58 pm

There was no single case Tiggy, there were numerous instances of this happening and it featured heavily on the old site, and in the media. It appeared to be an upcoming fraudulent tactic of debt collectors.

What was happening was that a party was producing two pieces of paper snd sending them out to a debtor, one in their name and one in the name of the OC, they were printed on the same paper and even the same printer and when debtors queried this with the OC they were told the OC had no records of such a letter ever being sent by themselves. This became rife for a period of time until someone raised the issue of fraud being involved, it was deemed that where fraud had been involved, neither pieces of paper was valid and if a notice was sent this was also invalid as it was deemed as a fraudulent transaction.

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Re: Lowell & OC Letter in same envelope (strange?)

Post by Kestrel on Sat Jan 13, 2018 4:14 pm

Some further info here from the old site:

http://www.getoutofdebtfree.org/forum/viewtopic.php?f=5&t=50272
Scroll down & you will see this:

NEW INFO
Be Cautious of Notices of Assignments!

Look carefully at all notices of assignments sent to you. Look for identifying tell tale marks and ref numbers, return addresses, etc. Even retain the envelopes, as most DCAs are now sending out fraudulently produced NoA's in an effort to dupe you into thinking you owe them and the original creditor has passed it on. See examples below recently received by Lowell's purporting to be from O2. When I contacted O2, they had never sent any notice of assignment, yet the letter is letterheaded from O2. Incidentally the return address from the O2 "notice of assignment" is the return address for Lowell's. It stinks of fraud, and I am now in a court battle with Lowell's for breach of Section 2.2 of the OFT Debt Collection Guidelines under misrepresentation and unfair business practises. Also applicable is Section 2 of the Fraud Act 2006.

More here:
http://www.getoutofdebtfree.org/forum/viewtopic.php?f=5&t=53610


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Re: Lowell & OC Letter in same envelope (strange?)

Post by Tiggy on Sat Jan 13, 2018 6:09 pm

I was dealing with PRA under Pre Action Conduct and they claimed HSBC had sent me a Notice of Assignment.  

Knowing this to be untrue, I said I believed them to be in contempt of court for providing a falsehood in a legal document under a Statement of Truth - they subsequently, closed the account and never commenced proceedings.  

However, it was pure stupidity on their part to have claimed that, as under Section 136 of the LoP there is nothing to prevent either party issuing the Notice of Assignment and attempts to use this arguement in a defence without being able to make reference case law is a waste of time.

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Re: Lowell & OC Letter in same envelope (strange?)

Post by Best on Sun Jan 14, 2018 1:10 am

I feel my starting point should be the new "debt sold" 3 letter process.
At least see what response and evidence they can produce.

Would that seem sensible?

Best
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Re: Lowell & OC Letter in same envelope (strange?)

Post by assassin on Sun Jan 14, 2018 1:57 am

Be Cautious of Notices of Assignments!

Look carefully at all notices of assignments sent to you. Look for identifying tell tale marks and ref numbers, return addresses, etc. Even retain the envelopes, as most DCAs are now sending out fraudulently produced NoA's in an effort to dupe you into thinking you owe them and the original creditor has passed it on. See examples below recently received by Lowell's purporting to be from O2. When I contacted O2, they had never sent any notice of assignment, yet the letter is letterheaded from O2. Incidentally the return address from the O2 "notice of assignment" is the return address for Lowell's. It stinks of fraud, and I am now in a court battle with Lowell's for breach of Section 2.2 of the OFT Debt Collection Guidelines under misrepresentation and unfair business practises. Also applicable is Section 2 of the Fraud Act 2006.
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Re: Lowell & OC Letter in same envelope (strange?)

Post by Best on Sun Jan 14, 2018 6:21 pm

Interesting Warwick65.
I'll do some self educating on here but out of curiosity, do you hold little value to this 3 letter process??

Best
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Re: Lowell & OC Letter in same envelope (strange?)

Post by Best on Mon Jan 15, 2018 2:53 pm

Well upon closer inspection the OC "Debt Assigned" letter and Lowell letter were definitely printed by Lowell. The page serial numbers and envelope PO box address confirm it.

My question is now this - does a formal Notice of Assignment letter need to state the applicable law (Property Act) to which it relates, or any other formal "wording" ?? This alleged OC letter literally just says "we assigned your debt".

Although these letters are both from Lowell I'm just trying to ascertain if the assignment is a valid one and I should take note / ignore and see what comes next.


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Re: Lowell & OC Letter in same envelope (strange?)

Post by daveiron on Mon Jan 15, 2018 3:59 pm

Hi best,

Stick with the 3 letters ,the whole idea of them is to stop it going to court in the first place.
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Re: Lowell & OC Letter in same envelope (strange?)

Post by Society of the Spectacle on Mon Jan 15, 2018 4:28 pm

@daveiron wrote:Hi best,

Stick with the 3 letters ,the whole idea of them is to stop it going to court in the first place.

Agreed,
and beware of people who deliberitely mislead by leaving out vital information.
YES warwick, this means you.
{Look at it this way, if it worked, wouldn't you use it in a defence when a court claim arrives - well I have NEVER Evil or Very Mad seen a case when that has worked ( and by worked I mean a case won on court) albino ,}

Mincy,   santa
TOO many Mince Pies for Christmas ?
Very Mincy mincy Warwick-

I shall REPOST Dave's Line,in BIG,
Stick with the 3 letters , the whole idea of them is to stop it going to court in the first place.
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Re: Lowell & OC Letter in same envelope (strange?)

Post by daveiron on Mon Jan 15, 2018 5:56 pm

Warwick,

Maybe you would like to share some of your victories with us .Did they all go to court before you won ?
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Re: Lowell & OC Letter in same envelope (strange?)

Post by Tiggy on Mon Jan 15, 2018 9:47 pm

@Best wrote:Well upon closer inspection the OC "Debt Assigned" letter and Lowell letter were definitely printed by Lowell. The page serial numbers and envelope PO box address confirm it.

My question is now this - does a formal Notice of Assignment letter need to state the applicable law (Property Act) to which it relates, or any other formal "wording" ?? This alleged OC letter literally just says "we assigned your debt".

Although these letters are both from Lowell I'm just trying to ascertain if the assignment is a valid one and I should take note / ignore and see what comes next.

No, Section 136 of the Law of Property Act is completely silent as to who should send it and what a Notice of Assignment should contain.

All it says is that one needs to be sent to the debtor.

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Re: Lowell & OC Letter in same envelope (strange?)

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