Lowels CCA ... one letter to far !

[scorterooney]

Just starting a thread to log all stuff that happens and in case i need any extra help along the way.

 

Ive typed out, ready to post in the morning, a CCA request to LOWELS regarding a debt they purchased from Creation finance ltd in Dec 2006 for an amount of £357.

 

Anyway we agreed a £5 a month payment plan with them and they accepted immediatly - A direct debit was set up and they didnt actually take the money from my account - The DD was never used !!!! June of this year we finally got it sorted after several phone calls trying to get there account details so i could set up a Standing Order. This has been paid every month, YET, every month we get a letter from them saying "you are behind in your payment plan - Pay full amount Now". This has gone on and on even though the last 2 months ive payed them £10 a month -

 

Letter turned up today along with a phone call threatening legal action etc

 

So sod 'em !!!! CCA on its way

 

Bearing in mind the original debt is a store card from 1995 ish and the fact that the debt has been SOLD to Lowel what abuse should i expect from them ?

 

Im quietly confident (maybe wrongly) that there will be no CCA

[reduk054]

Hi Scooterooney, it seems that as you say this DCA has overstepped the mark, and I think that it is unlikely that they will be able to comply to your CCA request (don't forget the £1 fee, postal order preferable so that they are not able to use your signature!)

What a silly bunch. There you were ready to pay them, and then they just get greedy! Common sense not prevailing.

I would imagine that they will not be too pleasant, but then if you dont answer their telephone calls, or if you refuse to answer their security questions, then it won't be too bad at all! LOL

Red

[mr.ton]

They are notorious on here in how useless & incompetent they are.

Cease all contact with them & let them take you to court (chances are they wont) & let them make do with a £1 a month - in a like it or lump it sort of way

[scorterooney]

CCA request to Lowels now posted by recorded first class mail.

 

I always get the dates mixed up so could someone confirm that the 12 days given to send the CCA is as follows .......

 

12 days from the point they sign for the letter

 

and is it 12 WORKING days ( ie 12 days + weekends) or is it 12 days full stop.

[Lula]

I think that is is 12+2 Working days, I believe that the two days are to allow for postage time .

 

Also, dont talk to them anymore, if they ring , just tell them to put it all in writing and then replace the receiver, dont let them goad you into talking

[scorterooney]

I think that is is 12+2 Working days, I believe that the two days are to allow for postage time .

 

Also, dont talk to them anymore, if they ring , just tell them to put it all in writing and then replace the receiver, dont let them goad you into talking

 

 

cool - so of 2 days is for postage time i can leave them aside as they will have signed for delivery and just start the 12 days straight from that point.

 

As for them phoning etc - Bring it on lol - they will recieve a telephone harrasment letter ater the next call

[ODC]

Yet again Lowells sheer greed has driven another person to CAG. Someone who was prepared to pay them without question BUT as a result of their greedy and bullying telephone calls has decided to see whether the idiots actually have a legal right to collect.

[42man]

Are there any excess charges on the account also ?

[scorterooney]

Are there any excess charges on the account also ?

 

very difficult to say to be honest as its so old.

 

Its a MILLETS store card from around 1996 and i believe Creation Finance was the Lending company that issued the store card.

 

we stopped paying in a round 2002 and Id imagine that over the years there have been charges for everything from late payments to sending out letters etc though i have no old statements and id deffo say the last time we used it was 6 years + ago so id imagine they couldnt produce statements either

[42man]

Is/was the debt statute barred at any stage ?

[scorterooney]

Is/was the debt statute barred at any stage ?

 

 

No - i can almost 100% say that bits have been paid over the years including a year or so with debt management Company Ernst and Baines and then by myself on a self organise payment plan.

[ODC]

No worries. It would be amazing if Lowells could comply with your CCA.

[scorterooney]

Just a quick update.

 

The CCA request was recieved and signed for today so they have untill the 7th Feb to comply

[Holdred]

No worries. It would be amazing if Lowells could comply with your CCA.

 

They still haven't with mine and they are now two weeks past the 30 day period. Just had a nice text off my phone reminding me my payment is due within 7 days.

 

I'll let a couple of letters come through the post before hitting them hard..

[scorterooney]

Just a quick update.

 

The 12 days allowed to supply the CCA has now passed and ive not heard a word from Lowels - No dodgy CCA, No Application Form - infact I have not even recieved a letter to say they will look into it ! incidently i havent recieved any phonecalls from them either lol.

 

I assume now i can stop my standing order to them and legally not pay untill they supply the CCA

[ODC]

Yes CANCEL your standing order NOW!!!!.

 

They are in default of your CCA request and you can LEGALLY stop paying these muppets. If they do produce what they claim to be a CCA then please post it on here and we will tell you if it is legit.

[Goldlady]

I have been waiting since June 07 for Lowells to send a CCA for one of my cards. Suspect they are having trouble finding it:D

[scorterooney]

Toptastic Cheers, SO now cancelled and will awaitthere next move

[renegotiation]

They can't even send a stat demand for £350.

[scorterooney]

Just a quick update.

 

STILL no CCA from lowels and absolutely no mention of it by phone or letter

 

However.......

 

today we receved a letter form lowels which reads:

 

" As valued customers i would like to give you the opportunity of clearing the outstanding balance you have with our client, Lowel Portfolio ltd.

 

I am prepared to accept 220 quid of the 300 quid you owe as full and final settlement

 

Blah blah blah.

 

Payment can be taken by phone etc etc"

 

Obviously - they are not getting a penny - and if i do decide to offer anything as full and final it will be on my terms and it will be a lot less than 75% !

 

I take it that this letter, instead of the CCA i requested, is a minor admission by Lowel that they want to get it sorted asap due to not having a CCA

 

So whats next step ? Any letter i should send ? Should i enter into a dialogue with them regarding a full and final ?

 

( by the way - the month after the 12 days is up on the 8th March)

[ODC]

Complain to TS as they are demanding money without complying with you LEGAL request for a CCA

[Curlyben]

File under ignore and once the 8th rolls round take this up with Trading Standards.

Make you local office aware that Lowells are already being investigated by the Leeds office

[scorterooney]

Complain to TS as they are demanding money without complying with you LEGAL request for a CCA

 

can i do this before the 12 days + 1 calendar month are up ? ( there is still a week before the month is up).

[scorterooney]

thanks CB

[ODC]

As far as I know once they are in default i.e. after the 12 days then you can complain to TS