They are coming at me thick and fast this morning.....

I have just received an email from a Customer Relations Officer at Lowell's as follows:

''Thank you for your further email dated 20 January 2015, addressed to ****. I have noted your concerns and will be the Customer Relations Officer investigating your complaint.

You have advised that the response from NewDay Ltd to your request made under the Consumer Credit Act 1974 did not fully comply with the requirements of the Act. I would like to fully understand why you believe that they did not comply with this request and would ask if you could advise me of what was missing in their response. This will enable me to dispute this matter, in more detail, with NewDay Ltd and resolve this matter.

In the meantime please be assured that the account will remain on hold.

Thank you for your assistance and I look forward to hearing from you.''

Any thoughts on this one please?

Thanks in advance.

That's what I was hoping you'd say

Thanks again - will keep you posted if anything further develops with Lowell's - am ignoring NewDay from now on. Will also keep posted once (if) I get a response to my SAR request re GE Capital - will be interesting to see what comes from that!

No problem - I have filed for later use if need be.

If you don't mind though what do you think of the statements in the email?

Thanks.

NewDay Executive Complaints Manager

Morning,

What do you make of the content of the following which was in an email sent to me about 10 minutes ago?

''Further to your email dated 20th January 2015, I can confirm we have sent a copy of the original Debenhams agreement that was signed in 2001 as required by Section 78 Consumer Credit Act 1974.

Further to this, the agreement complies fully with the Consumer Credit Agreements Regulations which applied at the time.

I trust this resolves matters for you, however If you remain unhappy and do not feel we have resolved the complaint to your satisfaction you are entitled to refer your complaint to the Financial Ombudsman Service.''

I am more than willing to repay what I owe (less charges and account cover if possible).

Will do.

Last payment was only in Sept last year.

thanks again, much appreciated.

Ok thank you.

Did you remove the one sentence I posted - as I did it I thought maybe I shouldn't in case others reading

There is no overleaf provided by them at all. Do you think they could use that doc even though it is an application form?

Removed

Lowell's are at the 'intro' stage however following my email the other day mentioned earlier they are 'looking into my concerns and will come back to me once they have investigated.'

(I am just surprised that NewDay have offloaded this so fast without even passing to an inhouse outfit first).

Hi Andy,

Thanks very much for responding so quickly, much appreciated.

The date is 14th May 2001.

T & C's provided in the letters they make reference to were for a Santander Credit Card not a Debenhams store card provided by GE Capital Bank at inception (2001).

They have not provided a statement of a/c - just a one line in covering letter stating how much the debt is for.

They provided a FOS leaflet in their original letter dated 16th October 2014.

What do you make of the form I have provided?

Thanks again.

any thoughts?

Basically I have an email reply from NewDay as follows with the 'application form' attached and nothing else:

''I write further to your email of 19 January 2015. Thank you for highlighting your concerns and giving me the opportunity to investigate these matters.

I understand your concerns relate to your account being sold to Lowell's as you advise that this account is in dispute due to not receiving a copy of your original Credit Agreement. Furthermore you believe we have not provided the correct information in relation to your request under Section 77-79 of the Consumer Credit Act. You therefore request that your account is returned to NewDay for resolution of your dispute.

Please refer to our letter dated 7 November 2014. To reiterate, I can confirm that we have provided you with all the information we are legally obliged to provide in relation to Section 78 of the Consumer Credit Act. A copy of your Credit Agreement was first issued to you on 9 October 2014 and again on 7 November 2014. This has been provided again today (attached) and our letter has been sent recorded delivery to ensure safe receipt.

I can confirm that your account was sold to Lowell's in line with our business policy and we are legally entitled to transfer your account due to the level of arrears. I must advise that the content of your email does not reveal any reason, legal or factual, as to why the debt owed is not due and payable.

Again we confirm that you are liable for repayment of the outstanding balance of this account and we will be not be bringing the account back to NewDay. We have contacted Lowell's to confirm that we do not agree that this account is in dispute.

I trust my letter clarifies matters for you and that it offers a fair explanation to the issues you have raised. Regrettably, we have now reached the end of our internal complaints procedure, therefore we will not correspond further regarding this matter.

You are entitled to refer your complaint to the Financial Ombudsman Service. I have enclosed a leaflet within the postal letter, which explains how you can do this. If you decide to contact them, it must be within six months of the date of our original letter that was issued in November 2014.

Yours sincerely,

Executive Complaints Team''

Morning,

Would someone mind taking a look at the attached (if it works!) please and letting me know what they think?

Many thanks.

Hi,

Have managed to convert to PDF so hopefully can see it better!

Hi - thank you and thanks for confirming the section as I was trying to make a point that they couldn't enforce unless a court ordered - didn't quite word it right I guess.

I have a reply from both Lowell's and NewDay advising they are going to look into the points I raised - will be interesting to see what they do as I am sure NewDay have offloaded this one so fast as they know it's going to be difficult for them to enforce.

Have sent a SAR off today to the OC as well.

Just to let you know that I sent a tweaked version email to Sara De TUte, RIchenda KUllar, Andrew Bartle and JAmes Corcoran this afternoon and have received email confirmation from Lowell's and NEwDay that they are going to look into my complaint re CCA and that the account should not have been sent to Lowell's.

Will keep posted in case anyone may be interested in the outcome.

Anyone?

Morning,

Would someone mind letting me know what they think on the following and whether any of it is out of date? Thanks in advance.

''Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with **Original Creditor ** and has been since they failed to comply lawfully with my consumer credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

Being that the Original Creditor is in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

I have familiarised myself with the Financial Conduct Authority (FCA) consumer credit sourcebook which states the following rules:

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

Yours faithfully''

Not an 'account in dispute' version?

I'm rather annoyed as well as Lowell's have sent me letters every few months over the last year re a debt which is SB and due to drop off my credit file in June this year and I have ignored them as always reduction letters so obviously probs - didn't want to enter into any dialogue with them but now I will have to.....

Hi,

Not yet but I will this week now. Going to email Lowell's tomorrow and send a hard copy letter as well.

I think NewDay have off loaded this one rather fast or is it me?

Morning,

I've had a look around other threads and have decided I should send an 'account in dispute' letter to Lowell's and tell them that NewDay should not have sold the debt to them.

If anyone thinks differently could you let me know please.

Many thanks.

Hi,

I have today received a letter from NewDay and one from Lowell's in the same envelope advising that NewDay have sold my debt to Lowell's.

As NewDay could not produce a copy of the Cca when I asked for it should I contact Lowell's and advise them of that or should I ignore them?

Thanks in advance for any help.

Well I have just sent them an email advising:

''As my £25.00 per month was an amount ordered by the Court in this matter any change to this amount would have to be subject to a Variation Order direct from the Court?

As you are aware I am making the required payment every month without fail even though my circumstances have deteriorated some what since the date of the original order.

I look forward to receiving a statement of account as soon as possible regarding the payments made as to date I do not appear to have received anything?''

Will keep you posted if anything happens.

Thanks for all the input, it is appreciated.

Hi- I have checked a couple of times - definitely not showing.

Thank you, much appreciated

Why do you think they haven't registered?