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Lowells buying disputed debt?


Flagg913
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In 2006 i had a debt for an aqua card after a few payments (basically being bullied by Firstcredit for higher payments) i found this forum and sent them a CCA...First credit sent me aletter saying they would find the cca and post itme....Well 2007 came and went and finally four days ago i recieved a letter from lowells stating they had bought the debt and wanted payment. I told them the debt was in dispute and they basically said tough we're still collecting....i sent Lowells a letter saying it was in dipute which they will recieve soon...meanwhile they keep ringing me and saying it's not in dispute as we have bought the debt and you have made a payment in november (untrue) which makes it enforceable....

 

so is there anything i should do or should i just wait till i hear a reply from them.

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Of course the debt is in dispute as 1st Cred failed to comply with your CCA request. Send this to the people from Leeds

 

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.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, 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.

 

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.

 

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.

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That's the letter i sent off today, so i guess now i just wait for a reply?

 

What is it with lowell, the amount of threads to lowell in the last week...makes me think they got their christmas money and spent it on buying debts in the january sales.

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  • 2 weeks later...
Well i got a reply...basically saying that they could not see a valid reason for the dispute and that if i did have a dispute could i please write to them and let them know about this.:confused:

 

Phone calls from them have stopped though.

Obviously common sense and a command of the English Language is not their strong point

 

Standard DCA twaddle, send another copy of your CCA letter and let them know you want a copy of their complaints procedure.....

There is no need to send them anything else. You have made your position abundantly clear when you explained to them the debt was in dispute and should not have been passed on to them. Tey are alleged to be professional so really they should know better. Its not your job to keep reminding them of the law.

Write to them and demand a copy of their complaints procedure. A pretty pointless excercise I know from experience.

Report them to Leeds TS for chasing you for a disputed debt.

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  • 3 weeks later...

A little update: i recieved a letter dared 04/02/08 saying that the account will held be in abeyance.

 

Also i recieved a letter dated 04/02/08 which was basically a final notice letter.

 

should i just play the waiting game...or do i need to write a letter to them or report them again?

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Yes once...but basically they said that if i owed the money then i should pay it. and they couldn't see a reason it was in dispute....will send another complaint to leeds oft and see what they come up with.

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