i completley empathise with you, im dealing with lowell over an old capone debt and thwy are idiots. they sent me out what was clearly an application form and ive sent them back a letter just stating that it is not what i asked for. they also sent me a letter saying THEY had defaulted ME even though they are the ones who havnt come up with the proper documents. dont let them scare you, there are many people fighting back at them so they have to get it at some point. evee

im already in the process, the lengthy wait at the moment. i dont know, i think that they make it very difficult for the normal man/woman on the street to make any sense of anything. i feel sorry for people who are too afraid to stand up for themselves. etc etc. im going off on one, sorry!

true, i mean, i do understand the whole theory on the application/agreement to a point, i just think that consumers need protecting more and companies need to be regulated harder. my issue is i've paid back what i owed, i'm now paying charges that were over the odds, and the DCA cant even prove to me that they are entitled to be taking the money.surely it will be terribly time consuming and painfull to start tracking funds, instead of bombarding people with junk they should set out an application, THEN agreement process. there should be no two ways about it. which is what i feel there is. its all so damn sketchy.

but then where do you draw the line. what i have says "application form" at the top, but then in a box it says "credit agreement", but in the same box it goes on about if this is accepted... it has none of the prescribed terms and i didnt date it when i signed it. also the creditors signature is rubber stamped. i just feel like its a bit like applying for a job, and not getting it, but the employer telling inland rev you work there and owe tax just cause you signed the application form. maybe im missing something bigger that i just havnt seen.

i find all this so confusing. in part i understand certain aspects of the application/agreement thing, what with prescribed terms being there and so on, but i also think that if an application form can be deemed as an agreement, then someone is a bit barmy. what is then to stop companies digging out applications for things people didnt get and claiming they agreed to something? what stops my brother or neighbour or whoever putting my name on something and signing it and sending it off. its seems so un-fraud proof... i mean, even if you do something like forget your internet password on something, they email you to make sure it is you, are they saying that a company will just take a form and thats that? im an intelligent girl, but i just cant get my head around it. if they just send out the cards, or products without some intermediary form of some sort, how come everyone isnt defrauding everyone else?

letter sent and still waiting for a reply. lowell have defaulted me and im waiting for them to start tirading me with harassment. they have gone over the 12 day deadline and now im going to sit out the 30 day excess they have to redeem themselves.

hmmm. there was no offer on my letter. it was just all policy gumph. i sent them my LBA this week, curious to know what they are playing at. it seems odd that they are being so staunch as im only after them for about £170. i hope they try and push me to court because if theyve taken no one else it may be a load of egg on thier faces for such a small amount.

hello? i could really do with some advice. they have just told me that they consider it fair. whats best to do now... thanks

okay. today i get a letter from them saying they are right in what they have done and i can basically get lost. is it at this point i send my LBA? its such a stupid letter, stating that its fair to charge someone £29.50 for a bounced cheque.... fools. any advice please???

do you think im right in it not being an agreement? ive scoured and scoured and founfd things about the agreement showing an APR rate, which this doesnt and also terms and conditions, which it doesnt...in the small print it actually says something about adhering to paragraph 3 of the terms and conditions, of which it doesnt have, it doesnt even have thier address on it anywhere.... and it also says under the stamped signature it says "once you have signed this agreement you will have for a short time a right to cancel it. exact details of how and when you can do this will be sent to you by post by captial one" bad grammer...and i never got that, or have an accompanied copy etc. etc. the more i read other threads the more i feel like this is a nice little ploy by lowell. also, on the letter they have sent me with this they list my outstanding balance and then it says "current state of your account : DEFAULTED" even though im going for them ive still been paying their blood money and havnt even cancelld my DD yet, so does this mean its suspended or are they trying to do me over? any advice is thoroughly welcome, im feeling lonley in this thread by myself!!!

ooh shall i just send that out? i like sharp and to the point...

okay. as no one is about and ive been flicking through as many posts and websites as i can including http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ConsumCredCode.pdf i think that im supposed to send this letter that i found on another post (but obviously amended) refer to your letter dated xxxxx I note that you have sent me a copy of the application form for this account. However, on the (DATE YOU SENT CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (IF THIS IS THE WAY YOU DONE IT). The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA (AGAIN ONLY PUT THIS IF IT APPLIES). I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter. Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made. Yours faithfully, if im being wrong let me know! or any other thing let me know!

i received my first letter from npbs yesterday, they have sent me a terms and conditions leaflet and a promise to reply within ten days. do i just wait it out then...

ive just found this on the OCDA website... If I have a Credit Card or a Running Account facility what information should be set out by the credit provider in my credit agreement? A Credit Card/Running Account agreement must contain a statement of:- · the amount of the credit limit, f any, at the commencement of the agreement and any conditions in relation to any variation of the credit limit, · the rate of interest charged and the APR, · the terms of use and repayment, and · the procedure for and the cost of termination of the agreement. so i take this to mean that what i have been sent is not an agreement, merely an application. what do i do next? any help would be fantastic!

hmmm. at the bottom it states...at the bottom it states, in the tiny writing ... "regardless of wether or not my application is accepted i understand and agree that information about me may be used in accordance with paragraph 23 of the terms and conditions." surely this is stating that it is not even agreed at this point and therefore cant be an aggreement? hmmmm.

i dont know if im not supposed to jump in on this thread, but i got this today. is it an agreement or an application? any response is well regarded!

hello there. today i recieved this interesting thing from lowell. it is not a credit agreement, am i correct? anything blacked out was there, im just protecting my id. what does this mean. also, is there anyway i can change the title of this thread? thanks!!

hello, lurker here, im waiting for my statements off cap one at the moment and then will be going after them. just wanted to say ive been watching your thread for a while now and wish you the best of luck.

hello there, first, a quick question. when you send your CCA request you wait 2+12 days, and then 30 on top of that? i know ive read the info but i didnt absorb it properly. do i send the LBA (i think thats next, but i will check the library) after 12 or 30 days? second, just wanting to let you know im still waiting and havnt had anything off of lowell since the first letter. after reading a lot of other posts i also wanted to reiterate that im trying to have this debt wiped out because ive already payed back what i lawfully owed, what im paying now is all charges, im not just in it to not pay back money, as a quick way out. from looking at everyone else's cases it seems like a lot of work and if we can all make it then maybe they will have to listen eventually. good luck to everyone still on the case, i will be back as soon as they send me something or the days are up.

ive sent off my SAR to cap one. i will start a new thread for that in the cap one forum. as for lowell as soon as i hear more back regarding the CCA i will be back to gleam any info and help thanks!

okay thanks, i'll amend it. the only reason i was sending a copy of my passport is that the cap one account was so long ago i have no account number or anything for them. i think it may have even been close to statute barred. typical.

hang on a second, do i send the SAR to cap one or lowell? i thought it was cap one. i have been paying lowell so technically i havnt paid cap one anything as i have moved house since i dealt with cap one. do i send them my lowell reference number instead? or am i sending my SAR to lowell? thanks

im sending it off tomorrow as i havnt had any money until now, rent and rates and the fact that the lowell payment came out this week have fleeced me. they state at the top of the letter that i have already paid off £200 , 250 counting this weeks payment, which is what the original card was for! i dont have any information or an account number for cap one so ive sent my previous address details, full name and date of birth, and also ive copied my passport to put in with it. is this sufficient / correct, i dont really want to send them a copy of my passport if they dont need it or it wont be any use to them as it is obviously my identity! thanks.

right. i have a letter today from lowell which reads.. "we are in reciept of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974 we are also in reciept of the prescribed fee from you. we are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement. while we endeavour to reply to you with the required information within the prescribed 12 day period under the consumer credit act, you will appreciate this is dependant upon reciept if the information from the original creditor. we will advise you further if it will take longer than the prescribed period. yours sincerely andrew bartle chief operations officer" is this a standard letter? does it mean anything? does it mean they dont actually have it? if so is that a good thing? if they dont have it and it runs over 12 days where do i stand? any advice would be great.

ive sent off my letter by recorded delivery on monday morning and it says its been delivered though the electronic information on delivery isnt available on the royal mail site. i will post any reply i get as im sure i will need some advice, im really no expert on this, ive read a lot of the other threads on lowell and realise that the scare tactics they used on me are pretty rife. id appreciate any advice from any one else who has dealt with lowell. thanks. evelyndarling