Help

[The GodMother]

yep you still need to sit and wait. they then have a further 30 CALENDAR days to reply then they are in serious deafult.

 

The DIY should keep u busy for 5 minutes if not l have a few bits for you to do.

 

Chrissi

[Stretchmo]

I'm back to trouble you all again.

 

Recieved a letter today from Lowell. Hopefully posted?

 

I think there clutching at straws,and they are trying to frighten me into paying.

 

(a)I dont have the money

(b)I also know it's timebarred.

 

As usual all comments/help gratefully recieved.

[42man]

It it is statute barred then send then the statute barred letter from the templates library...it is letter M here...

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

It is also right against OFT's guidelines on debt collection....to continue to pursue stat barred debts....

 

http://www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft611.pdf

[Stretchmo]

It it is statute barred then send then the statute barred letter from the templates library...it is letter M here...

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

It is also right against OFT's guidelines on debt collection....to continue to pursue stat barred debts....

 

http://www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft611.pdf

 

 

Thanks for the prompt reply. As I live in Scotland will I just change the 6 years to 5 years on letter M

[Stretchmo]

Hello again all.:grin:

 

It's now 30 days since Lowell have sent me any letters. Do I still have until the 2nd of March to wait until this shower get in touch with me, or are they in default now?

 

The last I heard from them was the 21st of January. My case seems to be very similiar to this one. http://http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/129206-lowell-finacial-lowell-portfolio.html So maybe we can kill two birds with one stone.

 

All answers really appreciated.

 

Thanks

Stretchmo

[PriorityOne]

They are in default after 12 working days.... the additional calendar month puts them in summary criminal default if they continue to pursue a disputed account, that's all.... so no worries.

 

You don't need to do a thing until/unless they get in touch again. They may not...

 

[Stretchmo]

They are in default after 12 working days.... the additional calendar month puts them in summary criminal default if they continue to pursue a disputed account, that's all.... so no worries.

 

You don't need to do a thing until/unless they get in touch again. They may not...

 

 

 

Thanks very much mate for your answer. If they do get in touch (which I dont think they will) what do I do? Tell them they are in default or just ignore it? I like to be pre armed.:grin:

[PriorityOne]

Depends on the wording.... and what they send you. Best to come back on here for advice if in doubt.

 

[Stretchmo]

THANK YOU, THANK YOU.

:D :D

 

I recieved this letter from Lowell Financial today.

 

We refer to your recent request for a copy of the original credit agreement in respect of the Consumer Credit Act 1974

 

After liasing with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances,we have closed our files in relation to this account which has now been returned to our client. We can confirm that no further action will be made by us regarding this account.

 

We trust the above clarifies the matter for you.

 

One qusetion tho remains? Will some other agency try and get in touch again regarding this account? Or is this the end of the matter?

 

 

I would like to thank all the posters on this thread for their excellent advise. And for guiding a thicko like me through it all very easily.

 

If I ever meet anyone of you. The drinks are on me.

 

So as the first line says. THANK YOU all very very much.

[pt2537]

Hi there

 

well thats a result for you eh:)

 

right

 

if another DCA tries it on then send them a copy of the letter from Lowells (not the original) and a covering letter that as far as your concerned the matter is closed and that they should cease collection activities as there is no credit agreement

 

 

 

regards

paul

[42man]

Great news Stretch....really pleased for you...no drinks, no obligations at all but a donation to this site if (and when) you can afford it !!

[PriorityOne]

Well done Stretch... an excellent result !!! Keep hold of that letter though....

 

[sillygirl1]

What you now need to do is send their letter to your local Trading Standards people with a complaint and copy the Leeds Trading Standards people, clearly they have breached the OFT guidelines in going for a clearly statute barred debt.

 

Well done indeed......

[Stretchmo]

Here I am again, and I'm sorry once again for bringing this back to the top, but it's really annoying me now.

 

As you can see from this thread. I posted on the 3rd of March about the letter Lowell's sent me, and thinking that was it all over and done with. But no Lowell's are now playing funny buggers.

 

I received a letter today, and attached was a copy of my agreement.

They are now looking for the full payment 9 days after telling me the case was closed.:-?

 

Again, with the help of this forum I'm looking for my next course of action. I know what I want to do, but I want to make it legal.:grin:

 

Hopefully I've attached the letters so you can see them.

 

Again thank you for taking the time and trouble to help me.

 

 

Stretchmo

[42man]

Letter reproduced courtesy of Curlyben

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear sir/madam,

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

 

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

 

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

 

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[FLWLSW]

42 man beat me to it

[The GodMother]

do u have a scanner and if so can u please scan these as we cant read anything.

 

we really need to make sure the CCA is a proper CCA.

 

Chrissi

[Stretchmo]

Letter reproduced courtesy of Curlyben

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear sir/madam,

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

 

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

 

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

 

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

 

Thank you. I'll send that off tomorrow.:grin:

 

do u have a scanner and if so can u please scan these as we cant read anything.

 

we really need to make sure the CCA is a proper CCA.

 

Chrissi

 

I've tried to make them bigger hope this helps?

[Stretchmo]

Hope there here now. :grin:

[The GodMother]

you still cant read what it is saying. We cant really comment on the letter they sent with what they say is a credit agreement as we cant read the credit agreement

[Stretchmo]

http://img.photobucket.com/albums/v636/stretchorama/agreementLarge.jpg

 

http://img.photobucket.com/albums/v636/stretchorama/lettertodayLarge.jpg

 

http://img.photobucket.com/albums/v636/stretchorama/firstletterLarge.jpg

 

I hope these are better? And work?

[Curlyben]

Awesome, so that's yet another Cap1 mailer application that contains ZERO prescribed terms and so is completely unenforceable.

Now I'd wait for their next demand then we'll hit them with the good news

[Stretchmo]

Awesome, so that's yet another Cap1 mailer application that contains ZERO prescribed terms and so is completely unenforceable.

Now I'd wait for their next demand then we'll hit them with the good news

 

Curlyben if there was a salute you smiley I would use it.:grin:

 

Do I send the letter 42man posted, or wait on this shower getting back to me?

[42man]

Send the letter I posted.....they must prove to you that it is not Stat Barred...

[Curlyben]

Unless you NEVER made a payment on this account it is highly unlikely it would be barred, considering the fact it was opened 29/01/02.

SB isn't the best route to follow with this, especially as this is clearly an unenforceable account anyway.

 

Now I'd wait and see what they have to say next.

Bear in mind there is ZERO legal action they can take