Today recieved the "NOTICE OF INTENTION TO ISSUE A COUNTY CORT CLAIM" letter, the one where they use the words "If" and "May" quite a few times and gives me 3 days to pay, also has the court cost etc on it. This seems to be thier response to my last letter which reminded them that I had still not recieved the copy of my original CCA. Its been nearly 3 months now since I made the CCA request. I have every letter they have sent me and every letter I have sent them. Trading Stadards are aware of what has been going on. If this did go to court, and I sort of hope it does, I take it I would recieve notice and would have time to put a defence together based on the lack of a signed CCA, which I understand is an absolute defence. This letter just looks like another threat-o-gramme, please advise.

ok, latest update. After sending off the advised letter to hamptons/lowells/etc last week I recieved a nice letter from the local Trading Standards office, letting me know that they are looking into it and they themselves have involved Leeds trading standards. I now have a direct number and email for the person dealing with this and will be checking in with them on a regular basis to let them know if I have recieved anymore threat-o-grammes etc and also to find out if they are actually doing anything.

Today recieved a letter from Haptons Legal, quoting courts cost and solicitors costs and interest charges etc etc, so have sent off the curly ben letter to them (recorded of course) I noticed at the bottom of the letter in small print it said this: Hamptons Legal is a trading style of Lowell Financial Ltd. I know they are all one in the same but what is a trading style, never heard that one before, did they make it up? I addressed it to Stephen Hunter and used the the Lowell address rather than the Hamptons Legal PO BOX address.

Well, I have just contacted the local trading standards, who have another comapany handling thier calls. After a quick rundown of the situation regarding Low eels (get it Low eels, never mind) and being told I need to speak to OFT, I thought I would come on here and mention just how ill informed trading standards are (at the least the advisor I spoke to was). I tried to tell him about the threats of the doorstep agent and how they have no right to call round without an appointment, which I would not be granting. I made it clear I was not talking about baliffs but doorstep bullys. He told me they had every right, I told him if thats what you are telling other people who ring up then you are giving out the wrong information, and this is the very reason the DCA's are so successful as they prey on the ignorant and mis-informed. I quoted part of the letter template regarding doorstep calls " Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance." After my 10 minute explanation he has told me its a matter for OFT, why then has he gone on to give out the wrong information. And to finish he asked, "so do you owe the money or not" (where have I heard that before) I said that is irrelevent, its about Lowell commiting a summmary offence in relation to my CCA request. How are we supposed to beat these people when the ones who are supposed to help us do not even know what they are talking about, thank God for the CAG is all I can say So to sum it up he made some notes and thats probably the last I'll hear of it. Contacted OFT who said put it in writing or an email, which I am doing. Rant over.

Its like banging your head against a brickwall isn't it.

Cheers ODC, if I don't have to write to them I won't. The letters from lowell don't scare me anymore so they can send as many as they like, its just more ammo for me if I need it later on. Is there a template letter to TS, as from what I have read on here they are not always as well informed as the CAG and some times need bringing up to speed on consumer rights, which they shouldn't really. I Am going to put the complaint in writing so a copy can go in my lowell file.

Please

Make a complaint, I will be when the time is right.

Good luck with the site. I managed to have a look before whatever happened, happened. Unfortunatly there was a picture of a man with a very fat head on there, I am afraid it put me off my dinner :eek:

Well recieved a threat-o-gramme from them today (from Robert Kennedy the pre-litigation advisor), apparantly I have not honoured the agreement I entered (funny, dont remember signing anything), and from what I remember they put the monthly ammount up without asking if I could afford it then failed to supply me with a copy of my CCA. Now I have the opportunity to pay a reduced amount blah, blah, CCJ, blah Baliffs, blah. Yes we have heard it all before so I will not waste any further time repeating the drivel. To get to the point the 12 + 2 + 30 days was up on the 22 of Feb, I was not at all surprised to recieve this letter, in fact I expected a couple more. So which letter is it now???

Sounds very interesting, hope Ch4 go ahead and make the programme.

Monday morning and another letter, same as the others.

And it has, a few days ago an almost identical letter arrived, the usual rubbish about the last chance to repair my credit file etc. I am not even going to write to them reminding them of the fact the account is in default. If anything arrives after the 22nd of Feb then I will be reporting then to Trading Standards, but for the time being I'm not even going to waste my time with them. I mean what kind of idiots send confirmation that they are in reciept of your CCA request, then once it has defaulted (on their part) start sending out the old threat-o-grammes. Mind you from what I have read its not like they are even going to get in any trouble for it, so why waste my time telling them its not allowed, I think they already know and do it anyway.

Cheers for that Brassed off, just needed a bit of reassurance. Will post if anything more arrives, no doubt it will.

Can anybody help me with this please?

Well it only lasted a week, today I recieved a letter threatening court action and a possible CCJ, also this is my last chance to pay etc etc. They say I have not made my last payment of the amount we agreed back in august, except the amount they have put is more than the amount we agreed (this is the reason I found CAG and how this all started), I did not agree to the payment amount going up after 3 months and then canceled the D/D and promptly sent of the CCA request which they have aknowledged reciept of. Surly if the account is in default on their part thay are not allowed to threaten me with CCJ'S, Court, and hound me for money, is this a last ditch attempt as they cannot get the CCA. Whats the next step on my part?

Account now in default as I have not received anything.

I would take further action, you have dated receipts I assume, with a description of work carried out on both occasions. Remember they said they would fix it for free which shows they were at fault, but then charged you once they had your car and had probably already done the work.

I'd say you have been ripped off mate. They did a bad repair which should have been put right free of charge, they then charged you for their mistake after saying that it would be fixed for free. Thats what happened, no matter how you look at it. And for Hammy1962's comment about a garage trying to save the customer money! Surely that was a joke.

They can't be sure what has gone wrong but they did not go near the area that has failed??? If they dont know what has gone wrong how do they know they did not go near it, I find it hard to believe a timing chain has jumped as this is pretty much impossible, maybe a belt but not a chain, the fact the car still runs is a good sign. They are talking out of their backsides I am afraid. You need to get the car looked at by a specialist and not a main dealer. Any decent mechanic would be able to diagnose a problem with an engine without having to trial and error. To sum it up they are lying to you, get it to an independant specialist, good luck.

Thanks Curlyben, is the default date the 22/01/2008 as I posted on the 3rd and they signed on the 4th is it 12 working days from date of posting + 2 working days I read somewhere, or is it just 12 working days from date of signing?

Well, I recieved 2 letters today from Lowell Finacial. The first dated 04/01/2008 which is the same day they signed for the request for my copy of the CCA for the acoount in question. This letter was regarding the fact that the direct debit had been refused due to lack of funds and that I need to make a payment to get up to date or else. This was in fact a bank error and the funds were available but I have since canceled the D/D. Lowell had put the amount of the monthy repayment up without asking me first, they just sent a letter telling me it was going up, it was not the amount we agreed to and I in no way agreed to the new amount. I know you should not stop payment until the account is in default but as they had put the amount up without asking I feel I had the right to withold payment. As the account is now in dispute (have special delivery signature print out for 4th of Jan) were they allowed to send me the letter asking for payment and threats about recovery etc dated the same date as the day they signed for the CCA request. Also today I recieved another letter from them, dated the 7th Jan saying they are in receipt of my CCA request and £1 payment.

Letter sent yesterday via special delivery.

Thanks Paul.

Don't mean to sound stupid but on the CAG template where it says reference do I put in the reference that Lowell use to write to me, as I don't want them to think I am asking for a CCA between me and them, I want the one between me and HSBC don't I? Hopefully get to send the letter tomorrow now.