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lowells , cca request not complied with (what to do next ?)


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can anyone tell me the next step . its been well over the stated timescale and i have had no correspondence ?

 

hey have not sent anymore details( how much the debt was / when to pay it /and how/to pay it )and so on . so that was one (halifax).

 

The other one (barclaycard)they have not sent me anything at all . ihave had a couple of the usual contact us letters and thats it .

 

please tell me the next stage and what happens

 

thanks

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Guest louis wu

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/68852-ltsb-no-agreement-game.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80311-l-regret-unable-supply.html

 

It's time to do some serious reading.

 

It's very important that you understand what your doing, at least the basics, and you'll only get that by reading.

 

I'm sure you can get the answer as to what to do next, for every step, but remember, you may end up discussing this with a judge, and then they'll be no CAGgers there to speak for you. At that point you'l be grateful for all the research you do now.

 

I am not suggesting you read every post in these threads, as they are quite long, but try to do as much as possible, it really will help you in the long run.

 

louis

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louis ,thanks for replying ,very much appreciated

 

they have not sent anymore details( how much the debt was / when to pay it /and how and when to pay it )and so on . so that was one (halifax)----- SO THIS IS NOT IN THE PRESCRIBED TERMS . THEREFORE NOT ENFORCABLE .

 

 

The other one (barclaycard)they have not sent me anything at all . ihave had a couple of the usual contact us letters and thats it ..--- SO THEY HAVE BROKE THE CCA REQUEST AGREEMENT OF THE 30+12 DAY RULE .

 

the question is now who do i write to ? to lowells or the courts and which courts at that .or do i contact trading standerds and complain to them ?? i dont even remember these debts . .. i was made redundant back in 2000 and had a few debts and paid most off . but these have sprung from nowhere .

 

im really at a point now where i need direction where to go ..

 

all help appreciated and thanks for replying .

 

p.s i have read some of your links and i have been seeing the same things for the last two days , but its all abit conflicting and confusing .

 

do i send this letter

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

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Guest louis wu

I would lay off from requesting any refunds. Basically, it sounds like the debts have become unenforcable, and will remain so until true copies of your signed agreements have been made available to you.

 

If this is the case, let them know you know this, and will cease making payments until the CCA agreement has been sent. Then learn if it's possible to claim money back, you can always come back to it later. For some there is a moral dilema, for others not. I don't know enough to advise either way.

 

I am sure others will be along to help, and TBH I would wait to see what others advise before doing anything. I will say again thoufgh, the more you read and learn, the easier it will become for you.

 

louis

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Yes, they commit a criminal offence. The trouble is that no one is ever taken to Court for the offence. It's like one of those laws that says "you can kill a welshman after dark within the city walls of Chester".

 

I wrote to the OFT and asked how many have been prosecuted under S77 to S79. Never got a reply. But I suspect that the answer was Zero (give or take 15%).

 

Local authorities Trading Standards Depts are also "policemen" as far as the Act is concerned. But I don't think that any LA has ever taken a case to the Court either. So, what use is the law???

 

I would write to the LA and say "I wrote under Section wotsit enclosing my £1 and they got that request on xx/xx/xxx. They committed a criminal offence on xx/xx/xxxx and I would like you to prosecute that offence".

 

They have six months to take action after the offence was committed. If they refuse to do so you need an explanation as to why. If you aren't happy then it's local government ombudsman time. The LGO is more objective than the LA and will jump all over them.

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Guest louis wu
Guest louis wu
sorry to interrupt, but can anyone tell me where to get a CCA template.?

thanks

 

 

it's usually ok to ask the question once and wait for a reply

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/127336-arent-there-lot-newbies.html

 

answered here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/127666-welcome-finance-problems-post1342401.html#post1342401

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/127875-hello-every-one-i-post1342390.html#post1342390

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/127336-arent-there-lot-newbies.html

 

 

etc etc. please do not repeat post as it can clog up the threads causing something else to possibly be missed

 

louis

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Yes, they commit a criminal offence. The trouble is that no one is ever taken to Court for the offence. It's like one of those laws that says "you can kill a welshman after dark within the city walls of Chester".

 

I wrote to the OFT and asked how many have been prosecuted under S77 to S79. Never got a reply. But I suspect that the answer was Zero (give or take 15%).

 

Local authorities Trading Standards Depts are also "policemen" as far as the Act is concerned. But I don't think that any LA has ever taken a case to the Court either. So, what use is the law???

 

I would write to the LA and say "I wrote under Section wotsit enclosing my £1 and they got that request on xx/xx/xxx. They committed a criminal offence on xx/xx/xxxx and I would like you to prosecute that offence".

 

They have six months to take action after the offence was committed. If they refuse to do so you need an explanation as to why. If you aren't happy then it's local government ombudsman time. The LGO is more objective than the LA and will jump all over them.

 

hi there

need to pik your brains - decided not to do anything about the above with lowells till they pester me again (to which they havnt) .BUT GET THIS !!! a company called RED as sent letter ,

 

WE WOULD INFORM YOU THAT WE HAVE BEEN APPOINTED DULY AUTHOURISED COLLECTION AGENT FOR LOWELLS PORTFOILO1 AND INSTRUCTED TO RECOVER OUTSTANDING MONIES DUE TO OUR CLIENT ..

 

THE DEBT IS WITH CAPITAL 1 and if i remember no way near the amount they are saying ...

 

1st of all why are lowells not contacting me?? is it because ive got them on the other issues and again do i send another cca form out to them .

 

these people have got it in for me big time .lol .. the 6 years is up on this in about 3-4 months .

 

all advice appreciated

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RED is simply a part of Lowells, just different nasty grams.

Time to send them this:

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

 

 

 

Be VERY careful whose advice you listen too

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RED is simply a part of Lowells, just different nasty grams.

Time to send them this:

 

hi curley

 

they have already commited offence (CCA) with my halifax and barclaycard requests (been two months now) . i have left them alone now until they send me more threats on them issues. (which they havnt, but now im thinking i should put my foot down). if so then i will report to trading standards as you stated .

 

the RED (lowells ) is a new issue letter ,it is a debt with capital 1 .the debt has increased from a small amount of £200 to £900 . this debt was back in 2002 . looks like these people are getting all the last minute debts as this runs out in 3 months . im not sure wether to send the non acknowledgment letter first or just go for the CCA request ,because if they have failed on the others , then im thinking this will be the same .

 

what do you reckon ?

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will do !!

 

im looking around on this site and is absolutly shocking at what this company is doing at the present .looks like there having a clear out of barcalycard and capital 1 at present .but to me , surley this must be happening all over the country too with other DCA s

 

ive signed up in the petition link , but feel that it would nt be strong enough . as i believe theres thousands out there who are going through this who do not know about yourselves they dont know what to do .

this really needs to be publisied so it reaches all those people who do

not know whats going on and so help there worrying

 

surley there must be a way for this all to be stopped . i cant understnd why TS hav not put a clamp down , surley they must have had complaints from all over the country regarding these issues .

 

what about local MPs and so on has that ever been tried ?

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Yes, they commit a criminal offence. The trouble is that no one is ever taken to Court for the offence. It's like one of those laws that says "you can kill a welshman after dark within the city walls of Chester".

 

I wrote to the OFT and asked how many have been prosecuted under S77 to S79. Never got a reply. But I suspect that the answer was Zero (give or take 15%).

 

Local authorities Trading Standards Depts are also "policemen" as far as the Act is concerned. But I don't think that any LA has ever taken a case to the Court either. So, what use is the law???

.

 

I know that occasionally TS departments DO take DCAs to court under the provisions of the act. This happened in the case of one site helper (no, not me) . Also, some TS departments don't bother; they simply cancel the credit license.

 

In practice, it's hellishly difficult to actually prove a breach of the law beyond reasonable doubt. It's like election fraud. Everyone knows it goes on, but it's virtually impossible to sucessfully prosecute.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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ok , curley i have just checked your link the annualcredit report

 

and found that lowells have put deafult on the account my halifax one. when they have breached the CCA . this now means that halifax have defaulted it , passed it to lowells and they have defaulted it .

 

arrg these people .lol

 

i have given them a chance by not proceeding with criminal offence( CCA) . should i go ahead with trading standards ? . but what do i do about the default .

 

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  • 2 weeks later...

hey all

just recieved a final notice from our friends above for halifax debt .

 

bearing in mind they only sent an application form as the CCA request .

as we well know this is insufficient and far exceeds the 12 +30 days .

 

next stage get onto to them and request CCA again and tell them they have sent insufficient paperwork or contact trading standards? and what are the chances of them taking me to county court ?

 

all info much appreciated

 

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hi all

ok had a threatening letter again stating it going to litigation team . therfore trading standards need to be informed . i have produced a letter and needing assistance if its appropriate

 

West Yorkshire Trading Standards Service

Trading Standards Complex

PO Box 5

Nepshaw Lane South

Morley

Leeds

LS27 OQP

Dear sir/madam

Could you please assist /advise me about the following issue.

I have attached some documentation regarding Lowell Financial Ltd and a debt I am supposed to have with them. I requested documentation as my right under the Consumer Credit Act 1974.

The only documentation I have received is a photocopy application form. A copy of the said document has been attached along with a covering letter that came with it. Interestingly, the reply states that what they have supplied is the original copy of the agreement. I believe that this document is not a credit agreement as it does not consist of the prescribed terms and merely a pre contractual document. Also may I add that I applied the request on the 04/12/2007 and still they have not provided me with the correct documentation, which constitutes them breaking the act/request when they have a total of 42 days to supply? . Also looking through the documentation (which I have ringed) , there seems to be some indifferences as to signatures and dates . The company are still sending threatening letters and staing that its going to their litigation team.

My second case, to which I have not provided documentation (but if asked to do so I will provide) was a debt I was supposed to have owed regarding a Barclaycard credit card.

Again I requested documentation as my right under the Consumer Credit Act 1974. To which after 60 days they have not replied, they have stopped all contact .Again they have broken the act , but not had the decency to contact me and tell me whats going on .

Any assistance would be much appreciated .

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mr tws

i have your site in my favs and will be keeping a close eyeout on our friends buy my question was not answered .lol. the letter i have draughted is it appropriate or is there anything else to add ?.

 

once this has been doen then theres something else to add to the anti-lowells site

 

cheers

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