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  1. Hi JnrLebowski This is the letter ODC advised me to send. Hope it can be of help to you. As you are a resident of Scotland I suggest you send this to our friends in Leeds Dear Idiots I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed. Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.
  2. We have been infiltrated by an employee of Lowells on CAG this evening. Going by the name mole-inside my guess is it's Nigel Beaven. This is a quote from him. If you don't believe you owe the debt, request original statements as per CCA, I think a lot of you actually owe the debts and just have no intention of paying it off, (time wasting tactics like talking rubbish about Jesus down the phone doesn't help either of you, DUH!) Oh, and Nigel Beaven has been within Lowell Group (Head of their 'Special Projects' department to be precise) since day 1, knows his stuff, and if I'm honest, can be helpful to have on your side if you get the privilege of having him on the phone! Oh, and in case you didn't guess, I work with one of the Lowell Group's companies...any further questions...? Just thought I would share that with you all.
  3. Nigel Beaven is most probably mole-inside. We will not pay unenforcable debts Nigel. If you want to waste your money on fresh air, you must know your stuff.
  4. If they purchase a debt without the CCA agreement, its like buying a car without a log book or a house without the deeds.Mole-inside your company has bought fresh air. No CCA, No Debt. You are nothing more than gangster's mole-inside, and the **** of the world. Go bury yourself and take your mole friends with you.
  5. DCA or Debt purchaser's as Lowell's moleinside calls them are people who have sold their souls. It is immoral to chase people for debts without the proof IE the CCA in the first instant. We will collectively fight you and the legislation that governs you.
  6. Hi Hopeful1, would you advise going through the complaint procedure of the DCA before getting in touch with the TS. If the DCA is not compliant with the CCA and they admit this, they would have to close the account. Would many people still take up their case with TS after the DCA has failed to comply. We should fight the cause so the DCA have to be in possesion of a CCA agreement before they hound people for a debt. DCA's should as a matter of fact have all the legal necessaries before they contact people and be able to provide as such when challenged. What are the views of other CAG's. What are we looking to achieve here. Yes, in the short term we want the DCA;s to suffer. What are the long term implications. I would like as I have said that DCA's be accountable with all the legal necessaries before approaching people.
  7. [quote=babybear39;15654 What the new directive means is that any DCA chasing an alledged debt got lumbered with the rights of the original creditor, whether they own the debt or not, with regard to compliance with CCA requests from 26th May 2008 The OFT can now give guidance to enforcement officers (TS) with the backing of legal opinion that DCAs DO have the SAME responsibilities as the OC Basically, if they don't comply with the timescales, they can and SHOULD be prosecuted Lets get this important thread back on track. So after 12 +2 working days and then 30 calendar days and no CCA from the DCA (if requested after 26th May) we should report the DCA to Trading Standards. The TS should prosecute the DCA with the new directive as quoted by BB (above). What about the OFT. Do we inform them as well? Is there a template letter for this? I feel this thread is very important going forward with the fight against non compliant DCA's. Hope you can clarify these points for me and future CAG's. Keep up the good work BB and many thanks.
  8. Thanks again, your passionate stance on this matter is evident and I am sure your hard work will benefit many a CAG user. So say all of us!
  9. Lowells have no respect for the law and it's about time we fought back. Babybear has a great thread about non compliant cca request. It's just a shame you didn't send you request after 26 May. CCA, DCAs and the Unfair Commercial Practices Directive
  10. You could phone the post office, the number is on the receipt. It is for those without internet access. Maybe they will post you proof of delivery. It would sit well with your records if needed. I would not be surprised if you didn't get a response of some kind from the DCA. Probably telling you they will get the cca and you will have to pay in full. Or offering a reduced sum if there is doubt on their part in receiving the cca from the original oc. Good luck, I am hoping your dca cannot get your originl cca. They might try to palm you off with something that appears to be a cca. That is why you must post it up on here for the experts to examine.
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