Diskmandave-vs-Lowell Finacial (CapOne)***WON***

[diskmandave]

Originally Posted by fetsilva

the alleged agreement is the same as the rubbish they have just sent me also so any ideas as what to send them in reply would be grately appreciated by me also

Well, clearly it's not a copy of the agreement, and in fact the signature box is one of the things that they're allowed to omit, there are none of the original terms & conditions which they're obliged to send, no statements of the state of the account....etc..........

Don't write to them! It's not your job to chase their legal obligations!

I'll update this thread at this point! On Thursday 8th March I reported them to Trading Standards in the borough of Tameside, so assuming they got the letter on Friday sometime, good ol' TS replied well within 2 working days! They called me today whilst I was out which I wasn't too happy about but hey ho... Nonetheless, they are sending me some forms which they are very interested that I fill out carefully! All I did was send them copies of all correspondence, in order, to leave them as little to do as possible, which looks to have paid off with dividends given the speed which they got back to me.

Will post more when get the TS stuff

[zubo]

Originally Posted by diskmandave

Well, clearly it's not a copy of the agreement, and in fact the signature box is one of the things that they're allowed to omit, there are none of the original terms & conditions which they're obliged to send, no statements of the state of the account....etc..........

Don't write to them! It's not your job to chase their legal obligations!

I'll update this thread at this point! On Thursday 8th March I reported them to Trading Standards in the borough of Tameside, so assuming they got the letter on Friday sometime, good ol' TS replied well within 2 working days! They called me today whilst I was out which I wasn't too happy about but hey ho... Nonetheless, they are sending me some forms which they are very interested that I fill out carefully! All I did was send them copies of all correspondence, in order, to leave them as little to do as possible, which looks to have paid off with dividends given the speed which they got back to me.

Will post more when get the TS stuff

Guys

We have been taking these alleged agreements apart on the main CCA thread and in the process giving anyone trying to track the debate something like 200+ pages to digest. There are quite a large number of CCA requests which simply havent been responded to or attempts as in this case to supply the documentation in the belief that the CCP has satisfied the CCA requirements.

Please remember that the advice givem is based upon my understanding of the CCA which we have debated. Each document will needto be carefully examined and folk should not assume that there case is the same as the one they are reading but on the other hand do not simply assume that you HAVE been supplied with the correct documents just because they look official with your signature - THAT IS NOT GOOD ENOUGH - THEY MUST MEET EXACTLY THE REQUIREMENTS AS LAID DOWN BY THE CCA.

Pam has clearly stated and I will to that in this case this does not stand the tests. In my own opinion, some disagree, ANY document headed Application is simply that - it is a pre-contractual document and does NOT replace an agreement.

In your case I would not explain why but would send a polite letter back to the CCP thanking them for you original application but that this does NOT meet the requirements of the Act and that they are now in default and cannot enforce the agreement.

In my case, but it IS down to each, I also add that I have evry intention of paying all my lawful debts, but until such time as the fully executed agreement reaches me, they are in default, they cannot enforce the agreement, they cannot process data related to it because consent is denied, they cannot enrich themselves by making charges against the account and I will not make any further payments until they comply fully with the Act and supply the fully executed agreement.

But remember I am hardcore.... think carefully of your own circumstances and decide what YOU want to do.

Just ensure that you fully communicate that recorded to Cap1.

Z

[mamatemi1]

Zubo,

Can I PM you the text of my letter to the DCA that are in default?
I am trying to work out whether I should go the court route with them or FOS and TS.

[diskmandave]

Great post zubo, i'm sure that will help lots of people

[zubo]

Originally Posted by mamatemi1

Zubo,

Can I PM you the text of my letter to the DCA that are in default?
I am trying to work out whether I should go the court route with them or FOS and TS.

No problem... I noticed my box was full so I saved and emptied it - feel free

Z

[diskmandave]

Had an update today! Got hand written reply from Trading Standards... Along with permission form (Data Protection Act), "they'll write to Lowell on my behalf".

So, what should I do next...? Carry on with TS...? Let them write on my behalf? Or should I be writing to Lowell with "something"?

So far Lowell are silent, they've only provided a scan of my signature from the original application and nothing else, TS have had the lot, ALL CORRESPONDENCE. There's no t&c either. But Lowell Financial have restarted the Cap1 default on my credit Ref files...

TS have had all this, copies of everything...!

What to do next please...???!

[zubo]

Originally Posted by diskmandave

Had an update today! Got hand written reply from Trading Standards... Along with permission form (Data Protection Act), "they'll write to Lowell on my behalf".

So, what should I do next...? Carry on with TS...? Let them write on my behalf? Or should I be writing to Lowell with "something"?

So far Lowell are silent, they've only provided a scan of my signature from the original application and nothing else, TS have had the lot, ALL CORRESPONDENCE. There's no t&c either. But Lowell Financial have restarted the Cap1 default on my credit Ref files...

TS have had all this, copies of everything...!

What to do next please...???!

Dave,

Since you have started that process I suggest that you continue it in the short term and see what they do first. It also shows if litigation starts that you have been reasonable. Keep us posted.
Z

[diskmandave]

Just to add.... This will be statute barred come later this year!

Regards, Dave.

[zubo]

Originally Posted by diskmandave

Just to add.... This will be statute barred come later this year!

Regards, Dave.

why is it statute barred? I read some case law recently which indicated that the limitations act is from the point of discovery...

Z

[whizzard]

Hi Diskmandave,
I have been following your threads regarding Lowell Financial with interest, as I too am still recieving letters from them.
From my very limited knowlege, it would appear that they have defaulted, and therefore the debt is unenforceable, but, like BigmacVersus suggested, keep the money back just in case. But to be honest, it would probably cost them more money to take you to court,than the debt is worth.
Good luck,
Whizzard.
P.S. I shall be sending them a C.C.A. request today, lets keep them on thier toes !!!

[diskmandave]

Originally Posted by zubo

Dave,

Since you have started that process I suggest that you continue it in the short term and see what they do first. It also shows if litigation starts that you have been reasonable. Keep us posted.
Z

Point taken

Letter in the post 1st thing in the morning then!

Regards, Dave.

[Keggy46]

hi dave,

I also got the exact signature page from lowell, but unfortunately i also got statements of account and the original letter saying they bought debt off cap 1. i received them after 35 days. Sounds like you've got more ammuninition because you only got that fax & nothing else.

What do i do as they have complied????

Also reading elsewhere, i'm sure it is 40 days NOT 12. This is 28 calendar days plus 12 days thereafter, so they actually responded within time limit

original thread is here : http://www.consumeractiongroup.co.uk...agency-my.html

Thanks in advance

[InKogneeToh]

Originally Posted by Keggy46

hi dave,

I also got the exact signature page from lowell, but unfortunately i also got statements of account and the original letter saying they bought debt off cap 1. i received them after 35 days. Sounds like you've got more ammuninition because you only got that fax & nothing else.

What do i do as they have complied????

Also reading elsewhere, i'm sure it is 40 days NOT 12. This is 28 calendar days plus 12 days thereafter, so they actually responded within time limit

original thread is here : http://www.consumeractiongroup.co.uk...agency-my.html

Thanks in advance

Hi

Are you saying that all you have received is a copy of your signature with very little else, like Dave?

Regards, Pam

[Keggy46]

Originally Posted by InKogneeToh

Hi

Are you saying that all you have received is a copy of your signature with very little else, like Dave?

Regards, Pam

Hi Pam,

No on the contrary, i received everything in a big fat envelope after 35 days of CCA request. Inside was following-

1. letter from lowell saying they bought the debt off cap 1. Usual letter that they send when kicking things off.

2. shed loads of statements (about 40 pages) showing how my original £175 credit card spiralled to £749 in pure interest charges

3. and finally, exactly the same letter dave posted on this thread, the one page agreement/application form with my own signature in it's full glory

That was it. Then the very next day i received a letter as transcribed in this thread http://www.consumeractiongroup.co.uk...tml#post656533

sorry diskman, hope i'm not hijacking your thread. I only responded because i came across your attached letter but interestingly you wasn't sent any statements. Your on a winner there m8. Just not sure what i should do next.

Playing the waiting game can sometimes give power back to DCA's.

Thanks