First Credit..Now Lowells...what next?

[Flagg913]

I had a debt with First credit, after advice on here i sent a cca request to them.anyway a year or so when past and i never heard anything from them...then out of the blue Lowell sends me a letter for the same debt...

 

What should i do, CCa Lowell....it says on the letter that they are working on behalf of SAV Credit...so somewhere after i had disputed the debt with First Credit, the debt must have been sold to them.

 

So what should i do?

[B3rty]

Courtesy of Curlyben

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened. I include a copy of this correspondence for your perusal and ease of reference.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

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

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[Rtech]

A letter to the effect that,you have been waiting a year for your CCA request to be acted upon by !st Credit.Therefore the account is in dispute,and OFT Debt Collection Guidance states that your company should not have been given this.Therefore I suggest if you want further information you contact 1st Credit.

I would therefor expect no further communication from yourselves.

[Rtech]

B3rty...just knew there was an ace letter somewhere,that should sort them out.

[Flagg913]

Amazing letter. will get it wrote up and sent off to lowells...(my printer has just broke on me)..

 

Thanks for the quick response and thanks for the letter B3rty.

[Flagg913]

Update: I recieved a letter today from Lowells it says...

 

We are unable to to carry out any form of investigation as we are unaware of the nature of your concerns. If it is the case that you feel you have a VALID dispute in respect of this account we would advise you to make us aware of this.

 

So any ideas what to do....as i thought it was pretty clear in the letter B3rty gave me to send what my dispute was.

[Rtech]

Lowells are just waffling really,and trying,in a paltry manner to get you to pay.

You can either send more letters and waste your time and money,or leave them to get on with it.They know...noCCA=no enforceable debt.

[Flagg913]

Do you think i should send a CCA to Lowells....as if they failed to respond it would put the account into further dispute.

[Rtech]

You have nothing to gain,you cannot 'Double' a dispute.

[Flagg913]

Thanks for the advice...it'll save buying stamps:) Right i'll leave them to their own devices.