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received a letter from our good friends at Lowell today, "after liasing with our client ... this document [the CCA] is no longer available. ... we have closed our files ... returned to client. ... confirm that no further contact will be made by us"

 

score one for the good guys.

 

thanks for everyone's help, both directly and indirectly, encouragement and positive thinking that made this possible.

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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Don't get the champagne out quite yet - what may well happen is that the debt gets sold on to a bottom-feeder DCA (like Muck Hall or Crapquest) who will then pursue you for payment.

 

However, you have it in writing that there is not a valid CCA, so hang on to that letter!

 

But well done for winning round one.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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1)

if they sell the debt when they already know that they don't have a CCA, don't they commit some sort of offence?

 

2)

if they again sell the debt, am i best to totally ignore them; let them take me to court; then stick two fingers up and produce "the letter"?

 

p.s.

is it best to have these letters framed? :)

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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just thought of a number 3)

 

3)

what if i now write a CCA request letter to the original owner of the debt? while it's still fresh in their minds that they don't have one ...

... and before they decide to be, errrr, "creative"!

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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just reading (browsing) another thread.

should i now make a Formal Complaint to Lowells, TS, OFT and my MP?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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Lots of questions!

 

OK, I'll try to answer them the best I can:

 

1) they should not sell the debt or pursue collection activity once they have defaulted on the CCA request. however, this does not mean they won't! they do commit an offence, but the likelihood of TS or the OFT doing anything about it is minute.

 

2) If they sell the debt, there is a letter you can send them stating the account is still in dispute with the original creditor. you can produce the letter you have as evidence. The new DCA should then cease collection activity (I say should - we will help if they don't).

 

3) It can't hurt.

 

4) Why not? Again, it can't hurt and if they get enough complaints, tehy may eventually do something about them.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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i couldn't find a complaint letter here but i found some of the following attempt on the National Debtline site. is there one on the CAG site that i've missed? does it need anything else adding? should i ask for a specific amount to cover my expenses?

 

Cowboy Debt Company,

1n Hock Street,

NeverNeverLand

FU2 1XS

 

ref: EZ Credit 1234567890

I would like to make a complaint against your company. The details are set out below.

You pressured me to pay this debt when you knew that you did not hold the necessary documentation, namely a valid CCA, contrary to the rules under which you are supposed to operate. By doing this you caused me undue distress as well putting me to unnecessary expenses including, but not limited to, telephone calls, postage, recorded delivery charges, stationery and photocopying.

We understand that you must send a written acknowledgement of our complaint within 5 business days of its receipt. If you are unable to resolve our complaint within 4 weeks you must send a holding response, explaining the reasons why and indicating when you will make further contact. If you fail to resolve our complaint within 8 weeks, or if matters are not settled to our satisfaction, we will have no alternative but to escalate our complaint to the Financial Ombudsman Service. This could result in

you being ordered to pay compensation if our complaint is upheld.

We look forward to your reply.

 

Yours blahblah

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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today i posted the above letter to Lowell re the (B/card) debt that they have now admitted that they (and B/card) didn't have a CCA for.

 

watch this space ...

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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  • 2 weeks later...

the reply from Lowell mentions a "thorough investigation" and includes "a complaints procedure", makes them sound almost human.

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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should i now make a Formal Complaint to Lowells, TS, OFT and my MP?
are there any templates for the above please?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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  • 2 weeks later...
today i posted the above letter to Lowell re the (B/card) debt that they have now admitted that they (and B/card) didn't have a CCA for.

watch this space ...

 

are you still watching?

 

the story so far:

(just to remind you)

part of Lowell wrote "asking" me to pay a very old (almost six yrs without contact) barclaycard debt. i asked for a copy of the CCA. they said that they, AND BARCLAYCARD, did not have a CCA. i wrote Lowell a complaint.

i also wrote to barclaycard to ask them for a copy of the CCA (remember, Lowell had already told me that they didn't have one).

 

tonights thrilling installment:

received a letter from Red Debt Collection Services saying that were enclosing a copy of the "credit argeeement". they add that i have 7 days to reply with my proposal for repayment.

 

please can i send a copy of this "agreement" to one of the experts to see if it complies with the necessary CCA rules please?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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Post the agreement up here, with identifying features removed, and I'll certainly be happy to have a look at it for you.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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OK, if you can't scan it up, can you tell us the following:

 

1. Does it say agreement regulated by the CCA 1974 or does it say application form?

 

2. Is it signed and dated by both you and the creditor?

 

3. Does it contain all of the terms and conditions?

 

4. Does it give the card limit, interest rate etc.

 

5. Did you receive a statement of account?

 

It's very early and I'm feeding the kids at the moment, but if I think o anything else, i'll post later.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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i've managed to get what they sent to me scanned.

"insert image" asks for a url, please can someone recommend a "preferred" place to upload the scans to?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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do it at photobucket, the account is free and it is all very easy

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Have a read here if you are struggling. Post #15 covers attaching and uploading documents.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thanks for your posts. it looks to me as if services like Photobucket, Flickr, ImageShack are designed to say "hi world, here's my photo's".

tbh, i was really hoping for a more anonymous place to uploaded these scans to. any ideas please?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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Hi, I am pretty sure that there is a button that you click on to make your album private -)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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can this forum link to a private album?

and, if it can, would that make my personal details, e.g. email, available to everyone on this forum?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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good point, no I dont think it can, but you would blank out your personal details anyway, so there shouldnt be a problem, if you ever actually wanted to upload any pictures, you could start a new album :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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cheers JonCris, we've already been through those particular hoops.

basically, the debt came back from the dead after just under 6 yrs; Lowell said they, and Barclaycard, didn't have a CCA, now Red have produced a document that looks more like an agreement to me. i'm now trying to post a copy of it for checking by those who know about these things.

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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cheers JonCris, we've already been through those particular hoops.

basically, the debt came back from the dead after just under 6 yrs; Lowell said they, and Barclaycard, didn't have a CCA, now Red have produced a document that looks more like an agreement to me. i'm now trying to post a copy of it for checking by those who know about these things.

 

It doesn't matter

 

Are we outside the 6 years & have you at any time admitted the debt?

 

If not it's still time barred as they should have issued legal proceedings within 6 years from the date of cause.

 

They can't just claim "Oh we wrote to you last year so the debt is now enforcebale for another 6 years"...........rollocks

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they are not allowed to sell the debt on unless they inform you fist.

are you sure about this? seems a really strange rule to me.

 

JonCris:

yes, in fact, it's over 10 yrs since the original debt. b/card didn't chase me for a while then a DCA got heavy with me for a while then they seemed to forget about me. just under 6 yrs later part of Lowell started to chase me. i asked them for a CCA, they replied that they (& b/card) didn't have one.

as for "admitting the debt", this all happened such a long time ago, i really can't be sure what was said.

i honestly thought it had died as we approched the 6 yrs without any contact.

 

anyone any thoughts about me anonymously posting a copy of the "agreement" they sent me please?

Regards from sunny Notlob, Lancs UK

 

Man invented language to satisfy his deep need to complain.

Lily Tomlin

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