Hi again guys, been having great success so far with these debts (will try to find a link my other post which is about over a year old to give you some context)

So the quick back story

Lowell owned the debt,

bpo was acting on their behalf

sent a CCA request

bpo passed it back to lowell after not responding,

lowell have then ask their legal team (phahaha) lowell solicitors to start court proceeding,

rang them for abit of fun

informed them that no cca has been sent,

they have now supplied me with the request but it is unreadable

(will update this post with a picture when I can)

Because it is unreadable is it enforceable? It's crazy blurry you have to guess what words say

I am also going to start a complaint as they have passed the debt on that was in dispute (no acknowledgement of the debt what so ever)

In fact blurry is a bad way to describe it, you can read the larger letters but the smaller print (90% of the page) looks like it been written in a ink cartridge fountain pen on a piece of kitchen roll

Edit: I would rather not just ignore it as it is very close to becoming statue barred (a few months) and would rather stall them with some paper work then having to do all of the paper work for a court defence

I found this template on another site but I only trust this site for accurate advice what do you guys reckon?

Dear Sir,

Thank you for the reply to my letter dated XX/XX.XXXX.

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations

As you will be no doubt aware,

the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it.

Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter,

I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

Should you not be able to supply a clearly legible copy,

I would suggest that you give consideration to cancelling this account and reducing the balance to zero.

Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974.

am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration, however, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

Yours Sincerely

load of ole twaddle..........

why enter into pointless letter tennis.

they haven't passed it on BPO are lowells.

dx

Ignore the fools.

Whilst the CCA is outstanding, no enforcement action can be taken, and even threatening it is against the FCA guidelines.

ADDRESS

Dear Sir/Madam

I DO NOT ACKNOWLEDGE THIS ALLEDGED DEBT TO YOUR COMPANY OR ANY OTHER COMPANY

Account number/Reference: xxxxxxxxxx

I am writing to you to start a formal complaint, after numerous phone calls the questions and issues I have can't be resolved over the phone due to your staff not being able to answer any questions that can't be answered with "might result in a claim being issued"

A quick break down of the situation, I tried to apply for credit I got rejected so I checked my credit score saw this alleged debt so I made first contact with you guys I had received no correspondence about this alleged debt that is many years old. So I asked for proof of the debt and the case is still ongoing.

I have 4 main issues

#1 Why has Lowell Portfolio I ltd asked you to act on their behalf while a CCA request was left outstanding (it had never been sent to me even your records show this) and the debt is in dispute, my understanding of failure to comply with a CCA request is from the FCA website.

Failure to comply with a CCA request

Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

After a phone call once this case had been handed to you, you finally sent me a credit agreement which is totally illegible. Which by this time was too late the FCA rules/regulations/guidelines had all ready been totally ignored

#2 Here are a few reasons I don't deem the CCA request fulfilled/sufficient

Its totally illegible none of it can be read

The name is spelt incorrectly from what I can make out

The address is illegible

The post code is illegible to the point there is only 5 characters instead of 6 from what I can make out

#3 After a recent phone call with yourselves one of your phone operators informed me you wasn't regulated by the FCA but the "RSA", as you are acting on behalf of Lowell Portfolio I ltd I would assume all the FCA rules/regulations/guidelines would apply. I decided to take look at the SRA website and after looking at the "principles" from the SRA website, one of the principles is Honesty.

I believe you have actually acted dishonestly with the information above you still have threatened with possible "claim being issued" even though you have failed to comply with a CCA request, also I quote from the letter dated XXXXX that was sent to myself and you have said in writing "The agreement provided clearly states your details and signature, and is therefore a sufficient copy agreement" as the reasons above this clearly not the case.

#4 Also you are not following the CSA code of practice as it states:

Communicate with customers fairly and transparently, and not intentionally mislead them

Treat customers fairly and not subject customers (or their authorised representatives) to aggressive practices, or conduct which is deceitful, oppressive, unfair or improper, whether lawful or not

You are trying to use lack of knowledge to bully by the means of aggressively demanding money with misleading information and threatening with court/claims being issued

I do fully understand both the FCA and SRA allow up to 8 weeks to resolve the issues, I look forward to being kept up to date with the complaint and your final response within this timeframe.

This letter was sent via recorded delivery

Yours faithfully

ME

I do not wish to hand sign this letter and I am not legally obliged to. (stop them sending it back telling me to sign it)

CCA – Consumer Credit Act

FCA - Financial Conduct Authority

SRA - Solicitors Regulation Authority

CSA - Credit Services Association

It looks alittle more fancy in word the copy and paste has removed the bullet points/bold writing etc

So what do you guys think? I really want to start a formal complaint these lowlifes shouldn't be getting away with what they do!

Wouldn't bother

Agree with DX, complete waste of ink, as long as there is an outstanding CCA request theres little they can do.

If it does get passed on to another lowlife, send them a CCA request which you already know they cant provide.

Then just get on with life until someone tries to make a court claim.

that happened with my idem account

they sold it on to cabot,

just put a complaint in on the phone with cabot

and the account is now on hold has been for about 3 months

The thing is i know i will win in a court,

but i don't want it to go to court

i would rather just keep stalling them or get them to make a "corporate decision not to chase the debt"

i know someone personally that kept the pressure on, and the DCA wrote the debt completely off

they will decide if you look like someone whowill crumble under pressure. Sending nonsensical letters to them invites then to think that you are likely to pay up if they use another tactic and that can be spending £25 on a court claim to call your bluff.

Waste of ink, time and money.....not only will they NOT read it, they'll simply mark your file as 'mug awaits fleecing' and will continue sending you utter rubbish knowing that you will respond.

You CAN ignore them, they are petty powerless debt collectors.

In order for us to help you we require the following information:-

Name of the Claimant ? Lowell solicitors limited

Date of issue – 28th feb 2017

Date to acknowledge) = 18.03.2017

date to defence = by 4pm Friday 31st march

What is the claim for –

1)The defendant entered into a consumer credit act 1974 regulated agreement with Lloyds under account reference XXXXXXX

2)The defendant failed to maintain the required payments and a default notice was served and not compiled with

3)The agreement was later assigned to the claimant on 06/14 and notice was given to the defendant

4)Despite repealed requests for payment, the sum of £1000 remains due and outstanding

5)the said sum and interestes bit is here

What is the value of the claim? Around £1300

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? towards the end of 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I hadn't received any mail from them as they said "they didn't know my address"

Did you receive a Default Notice from the original creditor? Honestly it was so long ago i can't remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No as above they said they didn't know my address even though its the same

Why did you cease payments? They said 2012

What was the date of your last payment? 2012 i would guess

Was there a dispute with the original creditor that remains unresolved? I don't know

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

This credit agreement they have sent me is totally unreadable to the point my name is missing a letter, the post code is also missing a letter.

The thing is i can't upload the picture to show you as it would give my name and address,

i can send a private message to one of you guys with the full picture if you like

There is a slight delay in me receiving mail due to it being a C/O address

Whats the best plan of attack here?

do i just offer payment or do i defend it and risk a CCJ?

I'm easy which ever way but would prefer not to have a CCJ

Start off by acknowledging the claim. I'm not sure you have explained why the documents haven't been reaching you.

There shouldn't be any problem with you uploading the documents – but in PDF format please.

It won't let me edit the post here is the CCA request they sent me

EDIT

The original notices where not sent they said they didn't have a address for me, i contact these after years of not receiving any paper work about this debt, yet the address they are now sending paper work to is the same

zz.pdf

Acknowledgement and defence dates altered...date on the claim form is day 1.

Andy

two threads merged

can yo upload ALL the CCA return please not just ONE page

two threads merged

can yo upload ALL the CCA return please not just ONE page

That's the only one they sent along with the account statements

bog roll without T&C's

when was this sent to you

and was it as a result of that CCA request in the merged earlier thread here now?

..I tried to apply for credit I got rejected so I checked my credit score saw this alleged debt so I made first contact with you guys I had received no correspondence about this alleged debt that is many years old...

..they haven't been bothering me up until about 4 weeks ago when I made contact after looking at my credit score..

hindsight i know, but if only you hadn't awakened the dog...

@dx100uk I am guessing it was a result of the CCA request, they continued to hound for money told them to do one until they supply me with a legible copy that can be read instead of simply a piece of paper that has my signature on which could literally say anything.

EDIT: the CCA reply was sent in November

@Ford as someone suggested on one of my other threads i need to send them the CCA request so they would have a address for me or they could just file for a claim and win by default.

How do i go about filling in my defence? shall i just use the online form and fill it step by step or is there a certain type of worded letter (like a template) i need to use?

My 14 days from the day i acknowledged it is up very soon

defence not due till 4pm 31st

have you sent a CPR and a new CCA request since the claimform.

i haven't i will do them now and send them next day recorded delivery,

i have found the CPR request template http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued

also do i need to still enclose a £1 postal order as i have already done that on the previous request?

I can no longer edit my post but i have question regarding the CPR request.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely.

That request was ignored][delete if no such request was delivered]

Do i keep this or delete it, i requested a CCA but they didn't fully comply with it (no T&C's and can't be read)

Keep it but edit "ignored" to "not complied with"

i haven't i will do them now and send them next day recorded delivery, i have found the CPR request template http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued

 

also do i need to still enclose a £1 postal order as i have already done that on the previous request?

Dont send a further CCA request if already sent one to Lowell.

Pewpew, dont confuse the 2 requests, one is a CCA request for the claimant which requires the £1 and you have already sent, this one is a CPR 31:14 which goes to the solicitors and requires no fee.

Pewpew, dont confuse the 2 requests, one is a CCA request for the claimant which requires the £1 and you have already sent, this one is a CPR 31:14 which goes to the solicitors and requires no fee.

I miss read dx's post

defence not due till 4pm 31st

have you sent a CPR and a new CCA request since the claimform.

I thought it said send a CPR and a new CCA request

I have sent out the CPR request they now have it, if they don't respond before the day my defence needs to be in what do i do? I haven't even click on the defence button yet so i have no clue what it requires from me

You don't want them to reply!!!

Think about it...

Go read other threads....