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Badger91

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About Badger91

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  1. Hi andy, I cannot send your CCA template as I have already sent my own copy, and they have already acknowledged the request, the time limit expired yesterday that's why I was going to send the section 10 along with the following letter to back my self up, in your opinion should I still send it or not ? I'm not sending the section ten any more, but I am unsure on the one below, I dont see why it is pointless letter tennis, Lowell Financial Ltd, Ellington House, 9 Savannah Way, Leeds LS10 1AB Lowell Financial Ltd, PO Box 1411 Northampton NN2 1QR 1st July 2020 Lowell reference number: Original Account No: SENT BY ROYAL MAIL NEXT DAY GUARANTEED DELIVERY SERVICE Dear Sir/Madam I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT. Thank you for your letters dated 17/06/2020 and 18/06/2020 which my original deedpoll documents were attached to, the contents of which have been noted. each letter were both in response to my change of name by deedpoll and my CCA request which was resent to you on 15/06/2020 under my new legal name. On 11/06/2010, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account is now in default as of 01/07/2020. The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account as proof of ownership of said account. Please note the following: I have made you aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a Credit Agreement to be carried out before your client enters into a default situation. This limit has now expired. Section 77(6), of the Consumer Credit Act 1974 states: “If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.” Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies: ▪ You may not demand any payment on the account, nor am I obliged to offer any payment to you. ▪ You may not add further interest or any charges to the account. ▪ You may not pass the account to a third party. ▪ You may not register any information in respect of the account with any credit reference agency. ▪ You may not issue a default notice related to the account. ▪ You must remove information logged with any agency which you claim you assert the rights to. You have 14 calander days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Kind regards badger91
  2. london1971, I get that completely, however that's not what dx said, he said I appear to have moved, I haven't said I have moved, how does it appear I have moved throughout our discussion on this thread that that is the case, and how does it suggest that I haven't updated anyone as to where I live, because I have updated Capital One and everyone else where I live that is how Lowell contacted me. On another note, if a CCA has been requested and it has not been provided, then can a court claim be still issued, would I have to go to court and make that point that the CCA was requested and that the debt had become unenforceable unless it can be provided in court ?
  3. No dx, you are mistaken, I changed my name back in 2017 for personal reasons I am not going disclose on here and informed Capital One, I have updated all my creditors every time I move, I don't appreciate your assumptions, the CCA request and the section 10 was found on this forum, I have asked for your advice on how I should proceed. I am aware the debt is mine however do not agree with the balance that is stated, if no CCA agreement is found I won’t be paying, as I was under the understanding that no further action could be taken to enforce the debt. if the CCA is found, and they provide a full statement showing how they have calculated the balance then I will pay if it turns out to be correct. If it is different then I will pay what is actually owed. I am not claiming to be an expert on the matter that's why I came to a site such as this for advice.
  4. Ok, I will request sar from Capital and won’t send section 10 to Lowell, I was going to send this follow up letter with regard to the account being in dispute as of today, should I still send it? Lowell Financial Ltd, Ellington House, 9 Savannah Way, Leeds LS10 1AB Lowell Financial Ltd, PO Box 1411 Northampton NN2 1QR 1st July 2020 Lowell reference number: Original Account No: SENT BY ROYAL MAIL NEXT DAY GUARANTEED DELIVERY SERVICE Dear Sir/Madam I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT. Thank you for your letters dated 17/06/2020 and 18/06/2020 which my original deedpoll documents were attached to, the contents of which have been noted. each letter were both in response to my change of name by deedpoll and my CCA request which was resent to you on 15/06/2020 under my new legal name. On 11/06/2010, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account is now in default as of 01/07/2020. The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account as proof of ownership of said account. Please note the following: I have made you aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a Credit Agreement to be carried out before your client enters into a default situation. This limit has now expired. Section 77(6), of the Consumer Credit Act 1974 states: “If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.” Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies: ▪ You may not demand any payment on the account, nor am I obliged to offer any payment to you. ▪ You may not add further interest or any charges to the account. ▪ You may not pass the account to a third party. ▪ You may not register any information in respect of the account with any credit reference agency. ▪ You may not issue a default notice related to the account. ▪ You must remove information logged with any agency which you claim you assert the rights to. You have 14 calander days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Kind regards Badger91 I originally sent the CCA request with a signature signed through a solid line and date however I read on hear you don't recommend it.
  5. Thanks for the reply, Why would it be unlawful, I thought if a payment is made towards the debt then the debt stops becoming statute barred and the time resets. 6 years never passed as I had made payments in between. Why would they get fined 12 pound ? I need to get a sar and then wait for them to send the letter of claim to me, can you explain what the letter of claim is for ? Is it the same as letter before action, before they apply for a CCJ ? Thank you for taking the time to explain to me.
  6. The debt is for a credit card which was taken out around 2014, it was sold by capital one to Lowell in April this year, it’s for £400, and the last payment was made back in March 2019, not sure when it defaulted as it vanished from credit file checker just before Lowell contacted me.
  7. So how will I suffer costs if the agreement is found and I pay within the first month, I am confused because you say I will suffer cost if it’s later found. I appreciate your help with this
  8. If the cca is found then I will pay the balance as soon as it is provided, if I am disputing the debt becouse I don’t believe the debt is mine surely they cannot add fees when the cca is found and it is established the debt is owed. Surely I must be given the opportunity to pay, if I ignored after that point i would say it was fair to add fees
  9. If the credit agreement cannot be found how can they say I gave permission to process data without the agreement, if there is no agreement the debt becomes unenforceable, they cannot continue to damage my credit file and sell it on as its in dispute and unenforceable until the cca is found. That’s is my understanding
  10. I would like them to follow the legislation guidelines, whether they do or not is another question, if it is a law that requires them to do so surely legal action can be taken if they should choose to carry on regardless. Otherwise what is the point of the act being in place.
  11. Ok one last thing, the letter states they have 14 days to comply with my request am I correct in saying this is now 21 days and is it working days.
  12. Thanks for your reply’s, So should I change the title on the letter to 1998 and not 1980 ? Andyorc, The link you shared says it was published in 2012 but it’s says nothing regarding GDPR which I think was introduced in 2018.
  13. Hi I have been following another post on this site and after requesting a cca agreement from the DCA, after 12 days of the DCA receiving the request the account goes into dispute if the agreement isn’t provided. The following letter is then issued: I am aware there have been changes since GDPR rules were introduced but I don’t know if this letter is still ok to use Is there a newer letter I should be sending ? If so can anyone provide this please. I have read that there is now 21 days to respond to the request, however this letter states 14 days. Kind regards badger
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