Lowell CCA

[Holdred]

I'd leave them to it until they go over the 30 day mark, then write to them. Why remind them, they should know the rules by now!

Incidently they never acknowledged my CCA request either.

 

Well over the 30 days now matey.

 

We're looking at about 60 perhaps.

[Zimmie]

Oh sorry Funhat. Well I reckon it's time to go for it. I eventually sent a complaint about 6 months after CCA non-compliance, I was promised they would investigate and get back in 4 weeks (or similar), 3 months on and I've heard nothing, but with lovely Lowells you never know when they'll crawl back from under their stone.

[Holdred]

Oh sorry Funhat. Well I reckon it's time to go for it. I eventually sent a complaint about 6 months after CCA non-compliance, I was promised they would investigate and get back in 4 weeks (or similar), 3 months on and I've heard nothing, but with lovely Lowells you never know when they'll crawl back from under their stone.

 

I had a call from them shortly ago, I asked to speak to the admin side when the phone monkey was trying to bully me into a payment. After being on hold for about ten minutes I've been promised a call after some one has spoken to their team leader. No call back yet. I'm not going to hold my breath.

[Holdred]

Despite having a letter regarding telephone harassmant and being over two months over the 12 day period, I have just received a text telling me I must call them urgently today.

 

As of yet, I still haven't received a reply from my complaint or received my CCA.

 

I've only had one letter reminding me I have an oustanding amount and a text message now. Will that be sufficient to go straight to Trading Standards with?

[Curlyben]

Yeah time to give Consumer Direct a call and they'll pass your complaint onto TS for action.

[Holdred]

Yeah time to give Consumer Direct a call and they'll pass your complaint onto TS for action.

 

Thanks.

 

When I get home I'll sort out a fact sheet of sorts with everything in chronological order so it's easier to exlain exactly what deadlines have passed, when letters have been signed for etc when I speak to Consumer Direct.

 

What exactly will Trading Standards do once it has been referred to them, ie how are they going to get Lowells off my back?

[Curlyben]

TS will contact Lowell and demand that they respond to your complaint.

They may or may not, really depends.

At the end of the day getting TS involved normally makes the DCA back off and return the accounts to the OC.

[Holdred]

I'd hope they'd put some pressure on Lowells. It's not like I'm leaving any ambiguity to them to decide whether what they have sent would be enforceable, because I haven't even got that far yet.

 

I've got a SAR with Barclaycard at the moment just incase they do get something enforceable so I can dispute the balance as I know it is made up of charges along the way.

 

That was hassle enough to get Barclays to actually sign for the thing, two were never delivered so I had to use Special Delivery to force them too. It covers two bank accounts and what this debt came from.

[Holdred]

How convenient.

 

Threat-o-gram saying I have to pay up, may face legal action and I will be introduced to Hamptons iLegal if I don't.

 

Right on time for TS

[Holdred]

I was feeling in a cheeky sort of mood, so I gave Lowells a call. I asked them why they were in breach of the communication act 2003 for sending me text messages when I have requested all communication be in writing? I had a scan through the act earlier on and text messages are considered valid under the act. I'll be making a complaint to my mobile phone company about that.

 

The conversation flowed like so;

 

"Are you disputing the debt, that it doesn't exist or you never spent it?"

"No, I am disputing your legal right to collect"

"Surely that means you don't think you spent the money?

"No, I am disputing your legal right to collect"

"What gives you the right too?"

"The CCA 1974"

"I don't know what that means"

 

That's when I was put on hold for god knows how long before being promised a call back.

 

 

I took that as the cue to ring Consumer Direct.

 

The guy took details of what has happened and he's forwarding it to TS Leeds and my home town one and if they need to contact me they will.

 

He also recommended contacting the FOS, but I haven't had Lowell's final response yet, but I'm sure a call in the morning to clarify won't hurt.

 

For good measure, now things are going I'm going to make a complaint to the OFT for breaking their guidelines on collection. I have two letters from them now, one good cop, todays bad cop. Isn't it against the guidelines to pass to another company, like say Hamiltons? I think so.

 

The ante has been upped now.

[MrTWS]

Site closed;)

[Holdred]

According to the OFT guidelines it is against their policies to use different companies to chase the same debt. You can read the full OFT guidelines here:

 

Debt Collection Agencies - What you can do

 

In part:

2.6 part c - using more than one debt collection business at the same time

 

MrTWS who is still here;)

 

Thanks, I'll give that a read after tea.

 

They sure do know how to shoot themselves in the foot don't they?

[MrTWS]

Site closed

[Holdred]

Its not good

 

What isn't, their scant regard for regulation and law?

[Holdred]

FOS are sending me details out so they can look into it as well.

[Holdred]

My forms from the FOS came today so I've completed them and they're going straight back tomorrow with photocopies of everything. I'm arranging a meeting with TS during the week and I'm going to write a letter of complaint to the OFT over the weekend too.

 

I'm hitting them hard.

 

I'm also contemplating contacting my MP about the issue also.

[Holdred]

Got the forms sent back to the FOS. I used a slightly modified version of the email I sent to TS to try and get them on the same thought pattern as me:

 

I am trying to ascertain that Lowell Financial have the legal right to collect payment for this and I have grave concerns over the way in which Lowell Financial operate.

On the 24th of November 2007 I made a request under section 78(1) of the consumer credit act 1974 for a copy of the agreement I entered into originally with Barclaycard. This was sent recorded delivery and

confirmed as delivered on the 24th November. On the 26th November Lowell Financial wrote to me to acknowledge my request and acceptance of my £1 postal order for the prescribed fee.

They entered into default of my request on 11th Dec 2007 and as per the CCA 1974, I withheld payment until such a time that Lowell Financial can prove to me they are legally entitled to demand payment. The act states I am not obliged to make payment during this time.

After 30 calendar days they commit an offence as laid out in the CCA 1974, this date was 10th Jan 2008. I have yet to receive my agreement as requested.

I wrote to Lowell Financial again after receiving a letter demanding payment dated 28/01/2008, which once again is a breach of the CCA 1974 when the right to collect the debt is in dispute. On 3rd Feb 2008 I sent two documents. One to request for all communication to be in writing, as I no longer wished to receive telephone calls. This has partially been respected, although I consider them to be in breach of Communications Act (2003) as they send text messages requesting me to call them and sporadic phone

calls. The documents were confirmed delivered on 05/02/2008

In addition to this was a complaint to be dealt with under their complaints procedures, which has been ignored.

On 25/02/2008, I once received a sternly worded letter advising me that I need to contact Lowell Financial to arrange payment or the account would be passed to Hamptons Legal for further collection. Hamptons Legal are another trading name of Lowell Financial, and this is in clear breach of the OFT guidelines for debt collection.

I now consider that Lowell Financial are ignoring my legal rights and their obligations with regards to:

1) Failure to act on my legal request under the CCA 1974

2) Breach of the OFT Guidelines for Debt Collection

3) Breach of the Communications Act 2003.

 

Just have to wait and hear the replies. The FOS got the full dossier on Lowell, I really can't see much why they wouldn't investigate this now it's all pretty straight forward, and I'm hoping for the same from TS now i've pointed out their failings rather than being met with the attitude that I'm trying to avoid the debt all together!

[UK26]

ive now issued a Default for not supplying the documents which i requested on 08/02/08

 

seems they just dont care, only way to stop them is by getting a court order Preventing them from contacting you.

[Holdred]

I've got a meeting organised with a TS officer who deals specifically with money matters and the practises of DCA's next week, so I'm going to be collating all of the information I need to present this to them in the most clear and consiece way I can.

 

Does anyone have a link to the CCA 1974 with the section regarding the 12 days + 2, then the 30 days so I can print that out and include it?

 

I've got the OFT guidelines so any section that is relevent is getting highlighted and going in the covering letter that I'll take with me.

 

I'm going to go through the communications act 2003 with a fine tooth comb and pick anything and everything out that is going to support me.

 

I'm hoping that if I can present this factually, pointing out the failings of Lowells, then they may be more reasonable to work with me on the legislation side of things than the debt.

 

The key will be in the delivery. If I can look like I've well researched everything and can talk on a good level with them then I think I stand the best chance.

[Curlyben]

The 12 Working days is prescribed here: Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 SI 1983/1569.

 

1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 and shall come into operation on 19th May 1985.

(2) In these Regulations, "the Act" means the Consumer Credit Act 1974.

 

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

103(1) Duty to give debtor or hirer under a regulated agreement termination statement

or serve counter-notice.

107(1) Duty to give information to surety under fixed-sum credit agreement.

108(1) Duty to give information to surety under running-account credit agreement.

109(1) Duty to give information to surety under consumer hire agreement.

110(1) Duty to give debtor or hirer copy of any security instrument executed in relation to agreement after making of agreement.

the Further Month is covered in CCA 74 s77 (4) and s78 (6)

[Holdred]

Thanks ben, knew I could count on you.

 

I've just bought some presentation folders so I can keep all my copies of everything together in date order that I can leave with TS.

 

My documents to FOS were delivered on Monday, what's a usual expectancy for them to make a decision whether they will persue my complaint or not?

[Holdred]

Ok, just got back from my appointment with TS and I've got to say I'm not happy.

 

They refused to accept that I was entitled to any documents, what relevence they'd have and why I was deliberately witholding payment. I was told to call the OC to confirm Lowell have the right to collect.

 

They wouldn't get involved with the points of the Communication Act 2003 and told I could complain to OFT but they don't take on individual complaints.

 

I was given Andrew Bartles email address to chase this up.

 

She kept saying that the CCA will exist, so these efforts are going ot be fruitless and futile. So TS aren't willing to take this up.

[NitrousOxide]

Some trading standards seem to operating on what they percieve to be the law and their personal opinion. "They probably will have the CCA" is not what most of us have experienced here, far from it. They also seem to be saying that this is debt avoidance. Shame on them really.

Either a company is breaking the law or they aren't. It's TS's duty to investigate when a company is breaking the law.

Someone on here a while back got basically the same reply as you did, so they quoted certain acts at them and they ended up investigating.

[excel1]

please do email andrew bartle as i have done on many occasions, if nothing else it winds him up!

Keep ringing and ask for your CCA request and be as annoying as they are!!!

Got my letter back as file closed after 3rd email and 15 phone calls!!

[Holdred]

please do email andrew bartle as i have done on many occasions, if nothing else it winds him up!

Keep ringing and ask for your CCA request and be as annoying as they are!!!

Got my letter back as file closed after 3rd email and 15 phone calls!!

 

Was it returned to the OC or did you offer F&F?