Lowell CCA

[Holdred]

Still not a word.

 

Shall I just keep sitting tight?

[pt2537]

Yep. lots of sitting tight to do;)

[Holdred]

Cheeky cheeky, just got a text message from Lowell GRP reminding me my payment is due in the next 7 days..

[Holdred]

4 calls in 5 minutes last night after hanging up on them the first couple of times. The 4th call I advised that I was witholding payment until they comply with my request and that I wish to only discuss this matter in writing from now on.

 

What's the next step, shall I send Curlyben's letter:

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company 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.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

To up it a notch now they are clearly going to be getting a bit heavy handed?

[Curlyben]

Yep looks good to me.

Time to hit them and give them one last chance before YOU take action.

[Holdred]

Yep looks good to me.

Time to hit them and give them one last chance before YOU take action.

 

I'll get that drafted and ready to be sent tomorrow.

 

I was quite annoyed at having to curtail a call to a friend to answer the 01132 number, as I wasn't sure who it was.

 

As things stand I've got the upper hand so I'm going to hit them hard while they are very much down on the floor.

[Holdred]

Has some one let a member of staff loose with a mobile phone or something?

 

Another text, this time "You must urgently contact the office today on 01136______"

 

I don't think I shall be.

[Holdred]

Received a letter yesterday saying:

 

"We have been informed that your agreed payment of £x has not been honoured and your account is now in arrears. We therefore require you to contact us on the telephone number below and make your payment immediately. It is imperitive that you honour the agreement you entered in to clear the outstanding balance. This will also help you repair your credit file."

Rather polite, no threats of CCJ, Warrent of Execution, being hung or the usual tactics.

 

They still haven't even sent me anything further to do with my CCA request than confirmation I have requested it.

 

Hopefully the letter previous will jolt them into doing something.

 

I'm going to throw the telephone harassment letter at them too, I don't like getting calls at all times of day, especially when I'm working.

 

Any advice on how to go or just sit tight still?

[Holdred]

Bump

[Edz11]

You've done as much as you can now. You could send off the harrassment letter to make them back off - but other than that the ball's in their court.

[Curlyben]

Oooops wrong C&P.

 

Right as Lowell are chasing an unsubstantiated debt time to get TS involved.

[Holdred]

Oooops wrong C&P.

 

Right as Lowell are chasing an unsubstantiated debt time to get TS involved.

 

Do I just contact my local TS branch and take it from there?

 

I've got a dossier of all the documents sent and received with Lowell, it's quite damning for them..

[Curlyben]

Local TS first and they should refer it.

[Holdred]

Local TS first and they should refer it.

 

I've just thought.

 

About 3 months ago I queried a duplicate default on my records, CRA queried it and it was agreed to be removed as a duplicate in error. If things do get more serious, could I use this to further bolster my case if I got a letter confirming this from the CRA?

 

If push came to shove as a counterclaim could I claim on not only the current default but the erroneous one too?

[Holdred]

Not had any correspondance back from the letters but they've started the phonecalls now, todays was answered with "I've requested all communication in writing" and ending the call there.

 

I've got a log of the calls so far, should it be required in the future..

[Holdred]

Sigh, another call from my favourite inhabitents of West Yorkshire. This time they seemed quite offput that I didn't want to speak to them "but we have your telephone number, why can't we talk to you on it?"

 

They haven't acknowledged receipt of my documents I sent to them, so I can only assume they've filed it in the B-1N file!

[UK26]

Well done so far with Lowell

 

I am now doing the same, have Issued CCA and Subject Access Request

 

Day 3 so far on them

[Curlyben]

Admittedly there is nothing to be gained by sending a S.A.R to a DCA until/if they comply with your CCA.

[UK26]

Thanks Curlyben

 

Ive created a topic

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/130709-lowell.html

 

have a question there with regards to Lowell

[Curlyben]

Yep just going there now.

[Holdred]

Admittedly there is nothing to be gained by sending a S.A.R to a DCA until/if they comply with your CCA.

 

I'm going to SAR the OC as I'm looking to get my statements for the bank accounts I held with them, it's not going to throw a spanner in the works with this if I include the credit card that I'm awaiting the CCA on is it?

[Holdred]

If we go by calender days then their 14 days it up today and I've not heard squat from them.

 

What's best to do now? Sit back and wait for something from them now I've made attempts to be reasonable with this?

[Holdred]

Bump

[Holdred]

Ok, they're well overdue my complaint letter now and I've not even had an acknowledgement from them about it.

 

What should I do now?

[Zimmie]

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.