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

[diskmandave]

I thought I should start my own thread on this!


1st, I got a letter from Capital One, sold 5 & 1/2 yr old debt to Lowell Portfolio 1 even though account is in the highest state of dispute.

2nd, stern letter from Lowell Financial demanding payment, "today".

3rd, put 1 & 2 straight into cross cut shredder...

4th, phone call from Lowell Financial, everso polite but *MUST* agree debt exists and agree a repayment programme!

5th, Tell Lowell, account is in highest state of dispute, Lowell agree's that for payment of £10.00 (S.A.R.) ALL PREVIOUS STATEMENTS will be sent.
Told Lowell's that account should not have been sold whilst in dispute...

5th(a) Still no previous statements received....

6th, CCA Request sent by Registered Post, and stating account is in the highest state of dispute.

7th, & most surprisingly............. !!! Reply by Lowell.........

(i) Letter to Lowell Finacial (Leeds), My letter to Lowell Financial:

Mr David Xxxxxxx,
4x YyYyYy XxGgVe,
Ashton Under Lyne,
Lancashire,
OLX XXX.

Reference No: XxXxXxXx

08/01/2007

Dear Sir/Madam,

I refer to letters dated 25/12/2006 and 03/01/2007 which were both recieved today in
respect of a very old Capital One account. I am informing you that this account is still in
dispute and that it was indeed Capital One whom breached the agreement, not me. I trust
that you will not further attempt to collect any alleged outstanding amount whilst there is
a dispute still in force.

Consumer Credit Act 1974

I do not acknowledge ANY debt to your company. I require you to supply the
following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to.
This is my right under your obligation to supply a copy of the agreement under
the legislation contained within s.78 (1) Consumer Credit Act 1974 -
(s.77 (1) for fixed sum credit).
I enclose a cheque to the value of £1 in payment of the statutory fee. This is not to
be applied as any kind of payment to the disputed account.

2. A signed true copy of the deed of assignment of the above referenced agreement
that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the
original creditor or not under S189 of the CCA 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.

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.


Yours sincerely,





XZXZXZ YVYVYVYVYVYV..




(ii) REPLY RECIEVED,

Dear "diskmandave",

16/01/2007

RE: Lowell Portfolio I Ltd

We are in receipt of your request for a copy of your credit agreement in this matter in accordance with Section 78(1) of the Consumer Credit Act 1974.

We are also in receipt of the prescribed fee from you.

We are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement.

Whilst we will endeavour to reply to you with the required information within the prescribed "28 day period" under the Consumer Credit Act you'll appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period and the reason to supply the required information.

We trust this meets with your satisfaction.

Yours sincerely,


Nigel Bearex(?) (closest guess!)
edit: Nigel Beaven


---------------------------------------------------------

Back to reallity now!

I'm just guessing that Lowell's haven't got either the CCA or the deed of assignment???!!!

So, what do I do next? Write back NOW, stating.......?.. What? Do I write
back NOW stating multiple Criminal Offences, or just wait for them to commit the 30 day CCA criminal offence???

? They shouldn't have bought the debt whilst it was in dispute, without a copy of the original CCA, and without a deed of assignment...?!!

I'm just guessing that i'm in a total win/win situation here...?


I do hope that this is of some help to anyone who has just got Lowell's chasing them!

In the mean time, can anyone suggest a letter that I send to Lowell's next?
I will keep it updated here...!


Best regards - Dave...(diskmandave)

[Bigmac versus]

Diskmandave this reply you got is standard and yes is more than likely they wont supply agreements i would personally leave it at that and wouldnt remind them especially not before the criminal offence has occurred. What you want to do then depends on what you want from this.

[diskmandave]

Originally Posted by george mcmenamin

Diskmandave this reply you got is standard and yes is more than likely they wont supply agreements i would personally leave it at that and wouldnt remind them especially not before the criminal offence has occurred. What you want to do then depends on what you want from this.

Thank You

But, haven't they committed criminal offences already? They haven't got either the CCA or the deed of assignment! And they've allegedly bought this debt from Capital One...? They're having to send (by their own admission) to the original creditor for the doc's that i've requested....

I appreciate your reply, is it from personal experience?

Thanks & best regards - Dave (diskmandave).

[Bigmac versus]

Yes it is, recently lowell bought some old debt from capital, i sent cca and i also got this letter you got, mines was sent some 15 days ago, they are in default but not created a criminal offence yet, i will review my situation once they go over this deadline or whenever they provide documents required, whichever comes first, hope this helps.

[diskmandave]

Note that LOWELL's state that the prescribed period is 28 days. ?
And not 30 ?!??!

[diskmandave]

Originally Posted by george mcmenamin

Yes it is, recently lowell bought some old debt from capital, i sent cca and i also got this letter you got, mines was sent some 15 days ago, they are in default but not created a criminal offence yet, i will review my situation once they go over this deadline or whenever they provide documents required, whichever comes first, hope this helps.

I wish you the best of luck

Regards - Dave (diskmandave).

[Bigmac versus]

Yes seen that but truth be told they arent going to get these documents required and are going to create a criminal offence, then if they get say 5% of what they bought paying up they will make more money than what the debt actually cost them, some people have actually requested any monies paid to that account to be returned as there is no agreement, personally my debt was the wifes credit card and its approaching 6 years now, only a small amount.

[diskmandave]

Originally Posted by george mcmenamin

Yes seen that but truth be told they arent going to get these documents required and are going to create a criminal offence, then if they get say 5% of what they bought paying up they will make more money than what the debt actually cost them, some people have actually requested any monies paid to that account to be returned as there is no agreement, personally my debt was the wifes credit card and its approaching 6 years now, only a small amount.

So, really speaking, a stern letter after offence has been committed, (or even now, see all above), will get debt written off? I'm still peeved that the original CapOne account is in the highest state of dispute and they've dared to sell it!

Best Regards - Dave (diskmandave).

[Bigmac versus]

Its never written off just legally unenforceable until they produce the documents required to substantiate the debt this remains the case.
The point is after 12 working days they are in default and even if they find the documents after this time but before the 30 days are up you can tell them no as they defaulted, they would need to go to court to legally enforce the debt which they may, but it adds more weight to your chance of them not doing this if they commit a criminal offence then find the documents as the judge would take a rather dim view of them regarding their handling of data and can fine them £2500 or even imprisonment, this i believe is what most people will do when non-compliance is after the 30 days.

[Bigmac versus]

If you have defaults you can use this argument too as there is no agreement how can you default me?

[diskmandave]

Originally Posted by george mcmenamin

Its never written off just legally unenforceable until they produce the documents required to substantiate the debt this remains the case.
The point is after 12 working days they are in default and even if they find the documents after this time but before the 30 days are up you can tell them no as they defaulted, they would need to go to court to legally enforce the debt which they may, but it adds more weight to your chance of them not doing this if they commit a criminal offence then find the documents as the judge would take a rather dim view of them regarding their handling of data and can fine them £2500 or even imprisonment, this i believe is what most people will do when non-compliance is after the 30 days.

Thanks so much for your replies! This is all new to me! I'm so fed up after nearly 10 years of hell and near nervous breakdowns that i'm actually going to bed now and not being able to sleep through pure excitement, rather than absolute dread!!!

The 2 debts that currently i'm contesting are Lowell and BLS Collections, and from what you say, are now both in "default". I'm not currently paying
anything to Lowell (Cap-One), but, BLS i've been paying £8.00/M for ages!
Should I stop paying BLS? What I need to know is, what do you mean when U say, "in default?". When the CCA request is in default, what does that mean to me???

Best Regards - Dave.

[diskmandave]

Just as a matter of intrest, can any of the Mod's or Site Helpers
comment on this?

[gravitas]

It does take some time to request statements and agreements from the original creditor so it buys you a lot of time. When Lowell buy debts its not practical to get the agreements and statements shipped over as lowell own hundreds of thousands of debts

[Bigmac versus]

whilst in default you are disputing the debt until they provide the documents required, you should not pay them whilst this situation remains, although you should put it by incase they turn up with documents and threate