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  1. LMAO very funny and so true, tho I don't think that threatomatic would fetch much these days:D Received a letter today from the Leeds Court. They are in receipt of a cheque from Lowell for my costs and once it clears they will send me the payment, hooray at last!! Lowell have also written to me to say they won't be chasing me for payment as they admit there is no agreement (at last!) so with this in mind, and that they have eventually paid my costs, could someone please change title to WON, it would be much appreciated. I'm not quite finished with Lowell yet but thats another thread for another day.
  2. Here's a copy of the letter I received, telling me the warrant has been issued. Thought Lowell fans might like to see it:D If there is anyone out there who works/lives near their office in Leeds please keep an eye out for the bailiffs going in:wink: Lowells have since written to tell me Littlewoods no longer have a copy of the agreement (don't think they ever did!) and they won't be chasing me for payment anymore. Unless the agreement does appear, that is, then they will contact me again (you have a long wait Lowell!!!)
  3. Thanks Joe, I will keep that option in mind. I have had the forms from the court to send in the bailiffs, so will be handing them in this week. The court/bailiffs won't actually tell me when they will go in though, so it will be quite hard to know when to have someone there to record it
  4. Thanks everyone and keep fighting ADE&FAB ! The fight is not over yet...Lowell have failed to follow the court order to pay me. I have spoken with the court and it seems I will have to send in the bailiffs :eek::grin: I read somewhere on the forums that a CAG member works opposite their offices in Leeds...does anyone know who they are offhand? I would dearly love to get a camcorder in their hands....8)
  5. Firstly, apologies for not keeping this thread updated, it's been a long year! Secondly, a little catch up with whats been happening with this.... Dec 07 SAR sent to Lowell, well after the 40 days allowed they only sent copies of their correspondence and telephone logs, stating this was all the info they had. Letter rec from RED offering 50% settlement figure which was ignored. January 08 Debt passed to JB Debt recovery so I replied with the 'Account in dispute' letter and told them to bog off. SAR sent to Littlewoods Personal Finance. A reminder had to be sent after the 40 days had expired as no contact from them. March 08 Complaint made to ICO for Littlewoods non compliance of SAR. Due to the ICO being snowed under they were unable to assign this to anyone until May!! In the meantime debt was passed to Asset Collections then passed back to Lowell who continued with the usual threatograms. August 08 Red/Lowell issued a Statutory Demand so I filled in the neccessary forms to have it set aside. September 08 Letter received from ICO stating that Littlewoods Personal Finance "do not hold any information about me". Also all LPF got for not complying to my SAR was a telling off! Letter received from Barclaycard (as they were the credit suppliers for LPF) stating "they are unable to locate any data" regarding the account. October 08 I attended court for the set aside hearing. Lowells sent a local representative who had no paperwork (not even a copy of the SD) and was ill prepared. I however, was very prepared and the judge commented on this:-D The Judge agreed that the application form was just that, and for Lowell to issue a SD they should have had all the appropriate paperwork including the credit agreement. The rep tried to get a 28 day adjournment but the judge ordered her to call Lowell and fax a copy of the agreement to him there and then. Of course this wasn't possible and the judge showed his disapproval at Lowells abuse of process and disregard to the court process, especially after she tried again to get the 28 days. He stated they'd had plenty of time to request the agreement and pointed out (after reading my affidavit) that I had requested it on numerous occasions. So, after stressing that the application form does NOT CONSTITUTE a credit agreement the set aside was granted, with costs, to be paid within 14 days.:-D The judge also added that if Lowell want me to pay them then they must issue a proper claim in the proper manner with a proper credit agreement and all neccessary paperwork. As Littlewoods don't have any data then I can't see that happening really! Belated thanks to everyone who helped and supported me, especially CurlyBen who has always been there when I needed him. I have updated this thread in the hope it will help others realise that no matter how long it takes (2 yrs in this case!) or how many threatening letters you get, you can still WIN against DCA's like Lowell..and most importantly...an application form is NOT a credit agreement!
  6. Hi Karen, yes it does mean that the hearing on 3rd Dec is for the application for the stay to be lifted. You should go if you can and take your paperwork with you, so you have all your info to hand.
  7. Hi everyone, well I've not heard a peep from Lowell, I am thinking no news is good news;) BUT, I have made a very interesting find......a copy of a Littlewoods flexible account plus agreement (not mine, as it is financed by a diff bank) in which it states it is a "LPF CREDIT CARD!!" So, just when I was floundering and thinking Lowells may have got round the s78 request I have a saviour LOL...what I need to do with it now I just don't know I have had to put off my S.A.R - (Subject Access Request) request for now, haven't got a spare tenner til next week:lol: checking my paperwork I do have a letter stating Lowell bought the debt, so I will send it there, though I do loathe the idea of sending them any of my money!
  8. Well I've had a reply from TS and it's not good news:( How they can come to this decision when they've not seen any paperwork is beyond me!! And I will NOT be paying Lowell another penny, ever! I despise them so much! If there's no other option for me then I will SAR either Lowell or Littlewoods and deal with this PPI issue as well as the unlawful charges that are no doubt on there. The whole lot will wipe out the debt entirely IMO. So, as Lowell have admitted they bought the debt I guess I SAR them? All comments appreciated:)
  9. Hi Kelly, I can totally relate to that! I have done the same myself in this thread LOL!! Have had yet another letter from RED this morn, it states that they have referred my account to their client for their authorisation that legal action be commenced against me, and they expect an answer from them in the next 10 days (letter dated 3rd Oct). They also say they have no intention of corresponding with me any further, unless I offer a monthly repayment or F&FS. I note that where they normally put Original Creditor: Littlewoods Credit Cards, it now says Littlewoods Personal Finance. Hmmmmmmm.... I am going to ring TS tommorrow for that gentle nudge...the guy dealing with my case is out today:rolleyes:
  10. Hi guys, this issue with PPI has made me very angry. It's bad enough to be talked into it or told that you have to have it when taking on an agreement, but to have ticks put in by someone elses hand or pre-printed ones amounts to fraud doesn't it?! I wouldn't even know where to start in proving that I didn't put that tick in!:? although even my untrained eye can see it's pre-printed I can't prove it wasn't on there when I signed that application form (and I know I wouldn't have agreed to it) Kelly, you seem to have a good case for the fact they have nothing with your signature on, have you replied to sanclare yet? I suppose with the postal strike there's alot of us CAGgers in limbo at the moment:rolleyes: Goldlady, Medsec, thanks for your imput and good luck with your battles! Still heard nothing from TS. I will wait a few days then ring them, a gentle nudge might help speed things up a bit.
  11. Hya, lots of courts are doing this regardless of whether the claim is for bank charges or not...originally the stays were supposed to be limited to just bank overdraft charges...but across the boards cases for credit card claims and others have been stayed automatically, with claimants having to apply for lifts to their stays. Def worth writing that letter, you've nothing to lose by trying. Glad to hear it, though it might be worth ringing them to check;-) A few claimants have had stays imposed when they've already had their court dates.
  12. Hi Karen, yes thats right, the court have stayed your claim until the outcome of the OFT case. You can, if you wish, apply for the stay to be lifted, using the hardship argument. But this will not necessarily work from what I've seen around the forums. Plus it would cost you £35 to submit the N244, which you wouldn't get back. YOur best bet I'm afraid would probably be to wait:rolleyes: especially as there are postal strikes announced for the next few days. The plus side to this is when (if) the outcome of the test case is positive you should just get your money back:) Question for HHTP...have you had your court date stayed?
  13. Me too, DMD gets my vote. You are invaluable to this site Dave!
  14. Hi SG, sorry to hear about you've had bad health lately, hope you are on the road to recovery asap. Can you imagine what we'd all be like if it wasn't for this site and it's helpful posters? having to deal with the crap the DCA's dish out and ill health, it would be enough to drive us over the edge! (which I suppose is what they try to do!!) Good luck with your TS, take care and keep up the fight:) SA xxx
  15. Yes SG, it is a bit worrying..the guy I spoke to quoted from the Act, section 78 (1) referred to "the creditor shall give the debtor a copy of the executed agreement (if any)" bit, with emphasis on the if any !! He is under the impression that in some cases the application form is an agreement and it is quite acceptable as such. I tried pointing out to him that a proper agreement has to have the details of credit limit, apr etc, but it seemed to fall on deaf ears. He seemed more interested on pulling Lowells up for breaching 78 (4) regarding them supplying statements of account (something which they have never done) and harrassment.. and as I said, he was going to speak to his colleague who in his words is an 'expert' on the CCA, so is quite willing to help me if (in his words) we can use a loophole to get around this debt. I have offered to take in my Lowell file in person, as he is quite confused as to what section this account would fall under. In lowells reply to my CCA request (back in January) they state: This is taken from the scan that is missing in my first post of this thread. So, IF it doesn't come under the mentioned sections, then what does it come under:? Anyone have any thoughts? I can't see how TS can make a decision on how to proceed when they've not seen any of my correspondance and aren't quite aware of the type of agreement. In all my letters from Lowell it states that the original creditor is Littlewoods Credit Cards, and thats what I told the guy from TS. I've not heard back from them today, will post as soon as I do. I hope that I can go there in person, I think it would help clear up a few things.
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