Lowell problem anyone help please ???????

[targetted1979]

I am new here which is my regret, I have spent a few hours reading through numerous threads and have found some fantastic advice, but like I say really wish I would have looked on here sooner.

 

I am being chased by Lowell for a debt on a credit card, for however long I assume they chased me at my old address, i was totally unaware until they contacted me at my current address, unaware of being able to ask for a CA i rang them today after i had a card through the door and asked for an expenditure form to be sent to me at which numerous points the dca refused saying "call centre only".

 

My first question is by me asking for the form is that a way of acknowledging the debt ? unfortunately i do not think the debt is more than 6 years old, i believe it to be around 4 years old.

 

My next question is there a governing body people can complain to about dca's and the way they handle themselves when calling people ?

 

My last question is what should i do next ? Should i still send in my £1 request letter and see what the outcome is ? Also what happens next if they do send me through the request ?

 

Please can anyone help would be more than overly grateful.

[PossVox]

Hi,

 

First of all DO NOT PHONE THESE PEOPLE... EVER!!!

 

Yes, send them a CCA request and make them prove that they have a right to take your money.

 

There are ways to complain about DCAs behaviour but you must follow the rules and timescales.

 

Ask for the CCA and then they have 12 days to comply (plus 2 for postage) and then a further 30 calendar days to produce it, if they fail to produce and then demand payment then they have commited a summary offence and you can start to complain to the powers that be.

 

Hope this helps....

 

[PossVox]

Send this to them:

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be used for any other purpose.

 

We understand a copy of our credit agreement, statement of account and deed of assignment should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Amend to your needs, enclose the £1 payment as a postal order keeping a note of the serial number to check if they cash it, send via recorded delivery and keep a copy of everything. DO NOT SIGN any letters, print your name.

[saintly_1]

What is the debt for ie who is the original creditor any ideas ?

I would try asking them for proof of the debt first and see ehat they come back with

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

 

Saint

[Vampyra]

12 working days to reply, plus 2 then the 30 calender days. By which stage they have committed a criminal offence by not supplying the CA as per your request. Please only send a £1.00 postal order with the instructions for usage in the letter and on the back of the PO - i.e. "This postal order to only be cashed to pay for a Credit Agreement request under 1974 Consumer Credit Act."

 

Send only by Recorded Delivery - a bit costly but mighty effective!

[targetted1979]

Thanks for the advice will repost when I next here from them