12 days up for lowell

[Curlyben]

Oh dear, Lowells selective deafness strikes again.

 

throw this at them.

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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 this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[Dorabell]

Thanks curlyben i want to get these morons of my back they have made my life hell for months, i wish i had found this forum from the start, if it was not for you and the good people on this forum i think i would have cracked up so keep up the good work thanks:-)

[Dorabell]

Hi all whats wrong with these people dont they read letters you send them, just had a phone call again thats 2 in 3 hrs all week they leaving messages 3 times my son has said i was ill in bed which i have had tonsilitiers, i have already sent them a telephone harrassment letter her words was, there last letter was sent out to me on the 3rd march which is a lie i received one on the 12th which i have applied to, they have received on the 18th, i dont now what els to do they are driving me mad its making my illness worse any more advice please:mad:

[Dorabell]

Hi all update with capital one they have sent me these will post up any advice please

[Goldlady]

Bottom right hand corner of last sheet - feb 08 conditions. Not the ones from when your agreement commenced I suspect.

[Dorabell]

thanks for your reply goldlady thats what i thout these are the 2nd lot they have sent me, what shall i do next sit and wait?

[The GodMother]

its up to you but as they have nothing you dont need to pay them.

[Curlyben]

The supplied T&C, while they look nice, are completely meaningless.

The prescribed terms MUST be within the signature document as per SI 1983/1553.

 

This is where it gets a bit heavy and legal, but here's the reasoning:

 

This is taken from another thread;

Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a seperate sheet headed T&C or similar ISN'T acceptable.

SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms MUST be within the signature document. (Column 2 schedule 6)

This applies to all agreements pre May 2005.

So basically this is unenforceable, under 127(3).

 

Just to add to my comments re terms witin signature doc.

This was covered off in Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

 

Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting

the provisions of the two schedules the Judge said

33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the

agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and

backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be

orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated.

As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and

the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1.

 

Time for one last letter.

 

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

[Dorabell]

hi all update any more advice or letter to send to these people please they are driving me mad:mad: dont they listen, just had anorther one of there harrassment phone calls i told them wrighting only and put the phone down, they still have not sent me a cca request on the 26th march there 12+ 30days are up any advice please

[excel1]

This not a recommended way of doing things but it made me feel much better. keep ringing them, asking for your CCA and feel free to email Andrew Bartle which so i dont get cagbotted is his firstname then a dot then his second name @ etc which is on there lovely letters asking him if his company could make an exception on your occasion and stick to THE LAW for once and kindly desist from ringing you as alrerady demanded in writing.

[BeauBrummie]

Hi Marjie06,

 

Are they asking the relevant security questions ? If they are just refuse to give info.

 

If they continue with the call they are breaking the data protection act

 

Regards

 

Beau

[Dorabell]

hi thanks, no i dont give them chance:lol: its just there constant phone calls its driving mad:mad:

[ODC]

Report them to TS with a copy to Leeds TS for non compliance of your CCA request. Also report them to the OFT and your MP.

[Dorabell]

will do thanks

[Dorabell]

Hi all a update lowell, just received this letter from red, lowell still have not produce me with a copy of a cca whats the next step i should take any advice please:mad: i will post the letter thanks marjie06

[Dorabell]

[ODC]

BOG STANDARD BOVINE EXCREMENT from Lowells aka Red.

 

They have not produced a CCA because they havent got one and they wont be able to get one either. They can huff and puff all they like but they cannot take you to court because without the CCA they have no case. If your alleged debt is less that £750 they cannot make you bankrupt either. All they are doing is trying to scare you into ringing their telephone threat centre so as one of their telephone bullies can browbeat you into paying them. Do not fall for their silly games

[Dorabell]

Thanks for your reply:) should i write another letter or just wait and see what they do next any advice would be most appriciated thanks:)

[ODC]

Sit tight and wait and see what nonsense they come up with next

[Dorabell]

ODC you do make me laugh thankyou:lol:

[Dorabell]

Hi all update received a letter this morning because i have broke the reduced monthly plan so they going to consider further action they said they are going to issue me a default notice they say this is a serious letter and encourage me to respond, they are yet to send me a proper executed cca any advice would be appriciated please

[The GodMother]

NO CCA = NO DEAFULT.

 

Just write to them adviseing them that unless they send you a vailid cca within 7 days of this letter you will be reporting them to TS OFT make sure you mark it formal complaint that way they may move.

[Dorabell]

Thanks chrissi:) how are you not long left for baby:) i bet u will be glad x

[creditcardmug]

I completly agree with curlyben, this is exactly what they sent me, totally unenforcible, also the statements they make in the accompanying letter are incorrect.

I sent a letter of complaint, they responded by passing account to Debitas (in house DCA), then just a few days later passed it to the infamous Fredericksons with no warning.

see my thread on this

So i'm in the same boat but a couple of moves further on

[creditcardmug]

My thread here

Cap1/Debitas/Frederickson-V-Creditcardmug

 

The T&Cs they sent are current ones with my name/address printed at the top, no signatures, the t&cs have to be from the time when agreement was signed, there is no reference on agreement to the t&cs, the prescribed terms must be witin the four corners of the signed document, i could go on but you get the picture.

CCM