Quick Lowell Question

[llieno]

Hi there just a quick one that i think will be pretty easy for you guys to answer, I have sent Lowell a CCA letter recorded delivery on the 13th Feb have a copy of RM Signed Delivery Note. Its now been over 12 days but have heard nothing from them nor have they taken the £1.00 cheque sent with it. My problem is that i have a D/D to go out of my bank in a couple days do i cancel it or let it still go out. If i do cancel it i know the phone calls and the letters will come, Any advise please ?

[firstwithit]

Over the days so you are within your rights to cancel it and if they come looking for payment they are committing a naughty.

 

Whats it for?

[Curlyben]

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[loyalbrummie]

withold their money until they can prove that you owe it .

If I suddenly started saying that you owed me money you would ask for proof , these DCA's are no different , If they cant prove it then why pay them .As for the phone calls , you can always put the phone down .

[llieno]

Thanks, thought that would be the case have just cancelled the D/D. Have no doubt that the fun will start now. By the way have checked bank online they have taken the £1 i sent with my CCA.

[ODC]

Cancelling the DD was the right thing to do as the idiots are now in default of your LEGAL request for a CCA.

 

Should they demand money without complying

You must report them to the OFT and your local TS as well as copying to Leeds TS. You should also make a formal complaint to Lowell Farcical and a complaint to your local MP. Once you get Lowells final response to your complaint then report them to the FOS who will charge them £400 to investigate your complaint

[llieno]

Just a quick update, Yesterday i recieved a letter from our friends of the north saying,

 

We enclose copy of your original credit agreement with Capital One in response to your written request to us under Section 78 (1) of the Consumer Credit Act 1974.

 

We would also confirm the following information as required by the Act:-

 

Balance payable against your account : £______

Current state of your account : Paying

 

We look forward to your proposals for re-payment within the next seven days.

 

Payment can be taken over the telephone by debit or credit card

 

Please call ....

 

Then there is a copy of what looks my original credit card apllication form,

Any advise i think it all looks right but not sure, Do i arrange to go back to paying them or not.

[Curlyben]

Hehehehe oh dear.

Now let me guess is this a mailer application ?

 

In which case I bet it doesn't have the required prescribed terms. As such the debt is completely unenforceable.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[FLWLSW]

Is there anyway you can scan it and put it on here ( with identifying details blacked out) so that someone can take a proper look. An application form is just that, an application. Such an application can be declined. Therefore if an application form held any substance we would all be getting hounded just for applying for something.

 

However others on here have forgot more than i know so please try and put the copy up.

[llieno]

Hi here is a scan of what they sent, Sorry if quality is poor ,

 

Any help please....

 

http://i263.photobucket.com/albums/ii153/llieno/scan0001.jpg

[Curlyben]

Yep that's a classic Cap1 application containing ZERO prescribed terms.

Shame.

[llieno]

Im sorry Curlyben is that a shame for me or them? I know i must sound quite stupid, im really not. Where do i go from here as i have had about 6 phone calls from them today (which i just happend to miss on acciedent, lol).

[Curlyben]

Shame on Lowells.

If you feel like answering the phone to them do so.

Keep to a nice script along the lines of Communication In Writing ONLY

 

Should keep them guessing for a bit.

[llieno]

Ok does this mean that the debt is unenforceable because of the lack of prescribed terms? Should i write to them telling them this or wait for the threating letters to start.

[Curlyben]

Yes completely unenforceable.

Now I'd wait for their next demand then well let them know the good news.

[llieno]

Thanks curlyben, much apreciated....

[llieno]

Hi just an update to my dilema, Have had a missed phone call every day since i cancelled my D/D. Today i recieved my first letter of them for a while (see attached), Im not sure what to do now ? Any Idea's Please

 

http://i263.photobucket.com/albums/ii153/llieno/2008-04-10-1608-55.jpg

[excel1]

To stop the phone calls send them the telephone harrassment letter by recorded delivery with a CAG sticker on the envelope! works every time for me, i thought my phone line had stopped working!!!!

[excel1]

In fact im going to send them an envelope just covered with CAG stickers as i miss hearing from them as they had to admit they have no CCA (even if it did take trading standards to get them to admit it)

[ODC]

Dear Cretins

 

I have cancelled the Direct Debit that you CONvinced me into setting up. You are in DEFAULT of my CCA request and as such your demands for money are a clear breach of the OFT Guidelines on the collection of debt.

 

Any futher demands will be treated as harassment and result in an official complaint to Trading Standards.

 

Now please go forth and multiply.

[excel1]

now im not sure im stating the obvious but does lowell get up your nose ODC?

[ODC]

All DCAs who LIE CHEAT AND BULLY get on my wick. I despise them all equally. Lowell just annoy me more than most but I have given them plenty of rope and I'm glad to see they are using it constrctively

 

[Curlyben]

Oh dear.

One of these days they will change the nastygram.

 

throw this at them.

 

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

[citizenB]

Dear Cretins

 

I have cancelled the Direct Debit that you CONvinced me into setting up. You are in DEFAULT of my CCA request and as such your demands for money are a clear breach of the OFT Guidelines on the collection of debt.

 

Any futher demands will be treated as harassment and result in an official complaint to Trading Standards.

 

Now please go forth and multiply.

 

 

Oh dear, do we really want them to MULTIPLY..

[llieno]

Thanks Curly, Does that also mean that the default that is is on my credit file should be removed as per

 

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.

 

Is that right & if so how do i go about doing that.