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[The GodMother]

Feel free to use it u will need to edit it tho.

[Stretchmo]

Seems ok to me.:D

 

Mine would be 100 times more offencive. :D

[The GodMother]

i do have more offensive but they are for personal use / destress use.

 

Just edit the necessary parts as that should then be fine.

[Stretchmo]

Sorry to bore you all again. I know it's boring me.

 

As stated on one of my previous posts. I called consumers direct, and they said they would pass it on to Trading Standards. They have obviously done this with the letter I recieved today. posted (hopefully) here. http://img.photobucket.com/albums/v636/stretchorama/tradingstandardsletter-lowell.jpg

 

Now my questions about this letter.

 

At no time did I tell anyone that I never resided at the address in question.

 

I did say that all I had recieved from this shower of sh*t was an application form, and not the proper credit agreement.

 

I also stated that as I have heard nothing from anyone be it Capone/Lowells for over 5 years that it was time barred.

 

Now the last bit is the real funny bit. I have sent various templates from this wonderfull site. And yet this cretin states that these issues have not been brought to their attention.

 

What is my next course of action? I'm going to send the letter that The Godmother posted. And I'm going to call Trading Standards to give them the correct story. Or is this unwise?

 

Thank you all again.

 

Stretchmo

[pt2537]

What is my next course of action? I'm going to send the letter that The Godmother posted. And I'm going to call Trading Standards to give them the correct story. Or is this unwise?

 

very unwise in my opinion,sending that letter. it is very vague and really doesnt hit them hard enough.

 

speaking to trading standards would be a good idea though and setting out the situation, i would also follow up any conversation on the phone in writing to the person and send it special delivery so you have cast iron proof of what has been sent

 

with regards to lowells, i would say that you should write a formal complaint to them, sent via special delivery,outlining all the points of concern that you have

 

dont just say "its a crap application form not an agreement" though , you should,IMHO set out why it is non complaint, are the prescribed terms missing? were there any cancellation rights? did they fail to send them etc

 

set it out fully what your issues are and ask them for a reply in 14 days, also ask for a copy of their complaints procedure

 

 

I hope this helps

 

Regards

paul

[Stretchmo]

very unwise in my opinion,sending that letter. it is very vague and really doesnt hit them hard enough.

 

speaking to trading standards would be a good idea though and setting out the situation, i would also follow up any conversation on the phone in writing to the person and send it special delivery so you have cast iron proof of what has been sent

 

with regards to lowells, i would say that you should write a formal complaint to them, sent via special delivery,outlining all the points of concern that you have

 

dont just say "its a crap application form not an agreement" though , you should,IMHO set out why it is non complaint, are the prescribed terms missing? were there any cancellation rights? did they fail to send them etc

 

set it out fully what your issues are and ask them for a reply in 14 days, also ask for a copy of their complaints procedure

 

 

I hope this helps

 

Regards

paul

 

Thanks paul for your quick reply.

 

Sorry if I sound thick here with a couple of questions I have. So please forgive me.

 

Have I to write a letter to Trading Standards after I have spoken to them? But address it to the person I spoke to? What do I put in this type of letter?

 

As to the Lowells letter. I have sent every letter I have been advised to from this site.And I understand that I cant send that, 'it's a crap application form'. Are there any templates regarding which kind of letter I should send. I know what kind of letter I want to send, but as you say maybe thats a bit unwise.

 

 

Again thanks for your excellent input and help.

 

 

Stretchmo

[Stretchmo]

Below is a rough copy of what I intend to send to Lowells. Please feel free to advise me on where I've mucked up. :o

 

Thank you for your letter dated 7/5/08 I am completely at a loss as to how you can state in this letter that you have no knowledge of any issues I have regarding this account.

I have sent your company numerous letters that I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. As your letters contest 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 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.

I would also like to make you aware that in my last letters I have asked that you do not contact me via telephone. I am still receiving telephone calls. Any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003

I have also sent numerous letters, asking for a copy of my credit agreement under the Consumer Credit act 1974. The act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1:00 is paid. This fee was sent with my original letter

Now what really puzzles me is you state, and I quote’ whatever this issue may have been it has not been brought to your attention’. So who signed for all the letters that have been sent to your company via special delivery, and what happened to the letters? To state you know nothing of this is a complete fabrication.

In addition I have asked on numerous occasions for information regarding you complaints procedure. I have received nothing. If you do not comply with my request I will have no hesitation in complaining 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 written confirmation that this case is closed.

Thanks again

[Hopeful1]

 

Have I to write a letter to Trading Standards after I have spoken to them? But address it to the person I spoke to? What do I put in this type of letter?

 

Stretchmo

 

When i've written to TS in the past, i've listed a chronology of events eg xx/xx/xx CCA request sent recorded del.

 

I enclose copies of all correspondence i've sent and received in order so the sequence of events is clear.

 

I also try to include references from the OFT Debt Collection Guidelines.

 

http://www.actcredit.com/OFT-Debt-Collection-Guidance.pdf

[Stretchmo]

When i've written to TS in the past, i've listed a chronology of events eg xx/xx/xx CCA request sent recorded del.

 

I enclose copies of all correspondence i've sent and received in order so the sequence of events is clear.

 

I also try to include references from the OFT Debt Collection Guidelines.

 

http://www.actcredit.com/OFT-Debt-Collection-Guidance.pdf

 

Thanks for the above. ;-)

 

I spoke to a guy from my local TS yesterday and he said that West Yorkshire TS had been in touch with this shower. I told him whats been going on, and he said he would back in touch with TS in West Yorkshire. He also adviced me to see a solicitor regarding this.

 

I have also asked him if I can send all the correspondence I have received from Lowell (as suggested above) and he said that would be very helpfull.

 

I've hopefully finish the letter I am going to send to Lowell. But I would appreciate any help with it (things to add/leave out) before I post it out.

 

Thank you for your letter dated 7/5/08 I am completely at a loss as to how you can state in this letter that you have no knowledge of any issues I have regarding this account.

I have sent your company numerous letters that state I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. As your letters contest 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 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 and may result in my choosing to pursue action against you.

I would also like to make you aware that in my last letters I have asked that you do not contact me via telephone. I am still receiving telephone calls. Any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003

I have also sent numerous letters, asking for a copy of my credit agreement under the Consumer Credit act 1974. The act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1:00 is paid. This fee was sent with my original letter. I have had nothing in return.

Now what really puzzles me is you state, and I quote’ whatever this issue may have been it has not been brought to your attention’. So who signed for all the letters that have been sent to your company via special delivery, I know who signed for them. To state you know nothing of this is a complete fabrication. I have proof that your company has received these letters. The last of which was signed for on the 10th of April

In addition I have asked on numerous occasions for information regarding you complaints procedure. I have received nothing. If you do not comply with my request I will have no hesitation in complaining 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 written confirmation that this case is closed.

 

Thank you for taking the time to read this post again. And feel free to tell me where I've went wrong on this letter.

 

Cheers

Stretchmo

[Stretchmo]

Thanks for the above. ;-)

 

I spoke to a guy from my local TS yesterday and he said that West Yorkshire TS had been in touch with this shower. I told him whats been going on, and he said he would back in touch with TS in West Yorkshire. He also adviced me to see a solicitor regarding this.

 

I have also asked him if I can send all the correspondence I have received from Lowell (as suggested above) and he said that would be very helpfull.

 

I've hopefully finish the letter I am going to send to Lowell. But I would appreciate any help with it (things to add/leave out) before I post it out.

 

Thank you for your letter dated 7/5/08 I am completely at a loss as to how you can state in this letter that you have no knowledge of any issues I have regarding this account.

I have sent your company numerous letters that state I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. As your letters contest 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 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 and may result in my choosing to pursue action against you.

I would also like to make you aware that in my last letters I have asked that you do not contact me via telephone. I am still receiving telephone calls. Any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003

I have also sent numerous letters, asking for a copy of my credit agreement under the Consumer Credit act 1974. The act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1:00 is paid. This fee was sent with my original letter. I have had nothing in return.

Now what really puzzles me is you state, and I quote’ whatever this issue may have been it has not been brought to your attention’. So who signed for all the letters that have been sent to your company via special delivery, I know who signed for them. To state you know nothing of this is a complete fabrication. I have proof that your company has received these letters. The last of which was signed for on the 10th of April

In addition I have asked on numerous occasions for information regarding you complaints procedure. I have received nothing. If you do not comply with my request I will have no hesitation in complaining 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 written confirmation that this case is closed.

 

Thank you for taking the time to read this post again. And feel free to tell me where I've went wrong on this letter.

 

Cheers

Stretchmo

 

I sent the above letter to this arse Mr Benn on Monday. This morning I received these two letters in reply.

 

http://img.photobucket.com/albums/v636/stretchorama/Lowell/043.jpg

 

http://img.photobucket.com/albums/v636/stretchorama/042.jpg

 

Now I'm not the brightest when it comes to these things, but if I'm reading the letter properly from this clown, an application form is not a credit agreement.:? The last paragraph has really irked me and I need some smart arse comments in my reply to this joker. I would also be obliged if all the clever people could help me compose a letter that really gets to this B*****D

 

As per usual all help gratefully received.

 

Stretchmo

[ODC]

Stretchmo

 

Have Lowells actually sent you anything to PROVE this debt is NOT statute barred such as proof of payments or anything.

[Stretchmo]

Stretchmo

 

Have Lowells actually sent you anything to PROVE this debt is NOT statute barred such as proof of payments or anything.

 

Not a thing.

 

Everything they have sent has been posted on this thread. I'm in the middle of composing a letter to this muppet. I'll post it when I'm finished it and I would appreciate your advice.

 

 

Stretchmo

[ODC]

Do not lower yourself to the level of Mr Benn. He has stated that he is in the process of obtaining further documentation to prove the dent is NOT statute barred. Until he does this then your position remains the same. You say the debt is Statute Barred and they must prove it isnt.

 

A lot of your documents seem to have disappeared from this thread so I cannot check the so called agreement that Lowells claim is valid. However if Paul says its not valid then I would believe him before I would believe Lowells. They promised me they would prove a debt I allegedly had was NOT statute barred. Of course they couldnt in spite of all their threats. In fact when it came down to it they couldnt even produce a valid CCA. An application form can only be considered as a valid CCA if it contains all the Prescribed Terms and on reading your thread it would seem that the document Lowells are relying on falls well short of that.

 

My advice to you would be to sit tight and wait to see what these clowns come up with.

[ODC]

I have had a full read of your thread.

 

1. A debt which is Statute Barred under S5 of the Limitation Act 1980 cannot be enforced through the Courts. The debt still exists and Lowells can ask you for payment. If you tell them you will not be making any payments then they are in clear breach of OFT Guidelines on the collection of debt if they continue to pursue you for payment and should be reported.

 

H O W E V E R

As you live in Scotland you are subject to Scottish Law and S5 of the Limitation Act only applies to England and Wales.

 

What you should have sent the muppets was this

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

 

The DEBT is EXTINGUISHED

[Stretchmo]

Do not lower yourself to the level of Mr Benn. He has stated that he is in the process of obtaining further documentation to prove the dent is NOT statute barred. Until he does this then your position remains the same. You say the debt is Statute Barred and they must prove it isnt.

 

A lot of your documents seem to have disappeared from this thread so I cannot check the so called agreement that Lowells claim is valid. However if Paul says its not valid then I would believe him before I would believe Lowells. They promised me they would prove a debt I allegedly had was NOT statute barred. Of course they couldnt in spite of all their threats. In fact when it came down to it they couldnt even produce a valid CCA. An application form can only be considered as a valid CCA if it contains all the Prescribed Terms and on reading your thread it would seem that the document Lowells are relying on falls well short of that.

 

My advice to you would be to sit tight and wait to see what these clowns come up with.

 

Cheers ODC. below is the only thing they have sent me with my sig on it is an application form.

 

http://img.photobucket.com/albums/v636/stretchorama/043.jpg

 

Are you also saying I should not bother writing to him? I really want to, but I appreciate you have had dealings with these clowns before so I'll take your advice. Any other letters you need to see feel free to ask if you have the time. I have them and my camera handy.:D:D

 

Thanks again

 

Stretchmo

[Stretchmo]

I have had a full read of your thread.

 

1. A debt which is Statute Barred under S5 of the Limitation Act 1980 cannot be enforced through the Courts. The debt still exists and Lowells can ask you for payment. If you tell them you will not be making any payments then they are in clear breach of OFT Guidelines on the collection of debt if they continue to pursue you for payment and should be reported.

 

H O W E V E R

 

As you live in Scotland you are subject to Scottish Law and S5 of the Limitation Act only applies to England and Wales.

 

What you should have sent the muppets was this

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

 

then as from the expiration of that period the obligation shall be extinguished:"

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

 

The DEBT is EXTINGUISHED

 

So should I send that off to them?? Sorry for being thick.

 

Stretchmo

[ODC]

Wait and see what more information Mr Benn comes up with. The application form is NOT a valid CCA as it contains none of the Prescribed terms

 

[Stretchmo]

Wait and see what more information Mr Benn comes up with. The application form is NOT a valid CCA as it contains none of the Prescribed terms

 

 

 

Thats the image going through my mind while I was composing my letter to him. So I'll just wait and see what other crap they come up with.

 

They must make millions for the Post office.

 

Oh and thanks again for your great input. I appreciate it.

Edited May 22, 2008 by Stretchmo

[Stretchmo]

I'm back again As you can see the last contact I had from these clowns was a month ago.

 

The usual scenario happens. Phone call this morning (ignored) postman then comes with letter.

 

Below are posted what I recieved today from my friends at Lowell.

 

http://img.photobucket.com/albums/v636/stretchorama/Statement1.jpg?t=1214046373

 

http://img.photobucket.com/albums/v636/stretchorama/Letter21stJune08.jpg?t=1214047098

 

My questions today are.

 

The statements go on for 7 pages.(single sided) and as far as I can see finish on the 2/6/03 The alleged last payment was 18/3/03. They have then added 1/4/08 until 1/6/08 why have they added the year 08 when I have heard nothing from them for over 5 years. Apart from the calls that started at the end of November 07

 

Secondly there is still no credit agreement. Does that mean that they still dont have a leg to stand on.

 

I look forward to the replys from all my learned friends. If you need anymore information please dont hesitate to ask.

 

And thanks again for all your help. It's appreciated.

 

Stretchmo

[ODC]

They have not provided you with a VALID properly Executed CCA so they cannot enforce the debt.

 

The last payment was made in March 2003 so in any event the debt was extinguished under Scottish Law in March 2008

[Stretchmo]

They have not provided you with a VALID properly Executed CCA so they cannot enforce the debt.

 

The last payment was made in March 2003 so in any event the debt was extinguished under Scottish Law in March 2008

 

 

As per usual sir great reply (bow down smiley)

 

I had a rough idea thats the kind of reply I would get. They are really clutching at straws now.

 

So what do I do, just sit tight and watch them digging and digging or is there any letter I can send to them?.

 

My ideal scenario is to jump in the car visit Leeds and punch some executive square in the jaw. But as I'm a non violent person thats not an option.

 

Again thanks for the reply. It's really appreciated.

[ODC]

Assuming you have already told them about the debt being Statute Barred then they are in breach of OFT Guidelines by demanding money. They are also breaking the rules by demanding money for a disputed debt. The debt is disputed because they have not produced a valid CCA. I suggest you make a formal complaint to Lowells, Trading Standards and your MP/MSP.

 

It looks like they want another appearance on The One Show.

[Stretchmo]

Assuming you have already told them about the debt being Statute Barred then they are in breach of OFT Guidelines by demanding money. They are also breaking the rules by demanding money for a disputed debt. The debt is disputed because they have not produced a valid CCA. I suggest you make a formal complaint to Lowells, Trading Standards and your MP/MSP.

 

It looks like they want another appearance on The One Show.

 

I've sent every letter you and others on this great forum have told me to send. I feel I've done everything within the law, yet they keep coming back with some other reason why they deem this debt should be paid.

 

I'll just wait and see what they come up with next. It has never bothered me and they can keep trying. But as far as I'm concered they can whistle for this money.

 

I have a complaints procedure somewhere in my Lowell folder. I'll have a wee look over the weekend and then decide my move. The mp/msp option is looking good.

 

Again thanks.

 

Stretchmo

[ODC]

Definately make a complaint to your MP/MSP about these Cupid Stunts. Its high time they were dealt with

[Stretchmo]

Hello again. thought I would keep you updated how my case is doing(I know you love it:D)

 

I had a phone call yesterday from this mob (unanswered )

 

Then surprise surprise a letter today.http://img.photobucket.com/albums/v636/stretchorama/Lowellletter3-7-08.jpg?t=1215086794

 

Phone call this morning (answered) Boy asks how I am I tell him I'm fine and to only contact me via mail. Now fcuk off. Put phone down.

 

Oh and for anyone from Lowells reading this. DONT CALL ME.

 

Thanks for reading.

 

Stretchmo