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CCA requested nearly 1 month ago now a new letter from lowell


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I sent my CCA request to Lowell on the 13th of May and it was recorded delivery - rec'd 15th

 

i came home today to a letter from Red collection services.

 

our client bla bla

 

i am in a possition today to offer you and early settlement figure with a discount of x

 

im sure you'll agree this is an excellent offer etc etc

 

so where do i stand? they are in breach of data protection? or can they get away with this due to being a different company?

 

do i need to cca them again?

 

:confused:

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Perhaps you should find out if the Original Creditor has 'charged off' your account before you take any further action against them.

 

You should give them the opportunity to explain why the relationship broke down so quickly, and what steps they have taken to ensure you remain a 'customer' rather than just a 'debtor'.

 

It really annoys me to see the taxpayer pick up the tab so quickly.....so let's see how Lowell/Red/Hampton blag their way out of this one.

 

Gives us some more detail and then we'll pick the bones.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hope this helps

 

Jogs

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

 

Remember, print your name, don't sign.

 

 

**Edit to suit**

  • Haha 1
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Yep, we're on the right track.

 

Should we find out at what point they felt it became necessary to employ a third party to bully??

 

I mean.....we had a contract......

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hi, djdime.

 

Sorry, Havinastella beat me to it :)

 

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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not quite sure i understand mate.

 

what info do you want? what the letter says exactly?

 

No, not really, just if it's a CCA'74,(unsecured credit) ...if a CCJ is in effect, or if it became secured at any point.

 

The fact 'Arsehole Financial'...or as they prefer to be called LowHole Financial are involved speaks volumes.

 

I'm SO p*****d off them with personally, that I might be prepared to become involved publicly, to put the record straight.......so be it.

 

 

Christ, I'm off to the 'Sin Bin' again..........can I do so to music????

 

 

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hold On

 

 

Red and Lowell are the same shower of shine.

 

They obviously have not got your CCA hence the wonderful discount they are offering. Let me guess, its around 60%. Thats their usual.

 

You will get a couple of these wonderful offers before they eventually admit defeat.

 

If the alleged debt is for Capone then there is no chance of them getting a valid CCA.

 

Ignore this Offer.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/138597-lowell-admit-defeat.html

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ODC are you saying that i should just ignore the letter and see what happens? no more phone calls since the CCA request was sent

Definately ignore them. They would not be offering you a discount if they thought they could get a valid CCA. There are many other Lowell threads on here wher the Leeds Losers have offered a 60% discount before capitulating.

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had a new letter today - god theyre like a stuck record. its the VERY first letter they send. Dear Mr X

 

we are dealing with your account on behalf of blahdeblah

 

£x. before so n so to avoid bankrupty etc

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They tell so many porkies they confuse even themselves.

 

Dear Cretins

 

On XXXXXXX date I requeted a copy of my CCA agreement from you. This was received and signed for by you on XXXXXXX date. To date you have failed to supply it. I am sure I do not need to remind you of your Legal Obligations under S77/78 of the CCA 1974. As such the account remains in default and you cannot demand payments.

 

Please send me details of your complaints procedure.

Edited by ODC

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