Scotcall = No CCA

[PriorityOne]

Defaults are not really my area, but whoever's adding what.... they have no legal right to do so and you can now pull them up over it if you need a clear credit file.

 

[The Janitor]

Well given the choice I would prefer to have a clear credit file. At the moment the only blemish is the CCJ with Cabot. I suppose if I begin to receive defaults on my file then this is another matter.

 

Reply to CCA request from Lowell Financial

 

"Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client has requested that your credit agreement be retrieved from archive.

Once your agreement is retrieved you will be requested to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

In an attempt to resolve this matter in an amicable way I would like to offer you a settlement to bring this matter to a close.

As long as payment is made with us by 09/08/2008 I am willing to accept £xxx.xx as full and final settlement on your account. If payment is not received within the time we reserve the right to proceed to collect the full balance.

If you want to take the offer and bring the matter to a close then please call the number below.

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

 

Now the final settlement these guys have offered isn't unaffordable and is a discount of 60% but as they have offered this figure I assume this means that they will be joining the growing list of DCA's who will not be providing me with a CCA, especially as the deadline for me to accept the offer is tomorrow which looks like maybe they are trying to rush me into paying them money that I may indeed not need to.

The OC of this account is Capital One and it shows just how old this account is by the fact that earlier this year I applied for and received a new Capital One credit card. If Cap One still had my account on file I'm guessing that this would have been flagged up on my application and I would have been rejected.

As a matter of interest, what percentage of the outstanding balance would be a reasonable offer to clear the account if it looks like the DCA won't be conforming to DCA request? I'm very prepared to go for a 0% offer in such cases but what would be a reasonable figure to bring these accounts to a close?

[PriorityOne]

IMO, there really is no point in offering a F&F to a company who can't provide you with their legal authority to collect payment from you, by way of a CCA.

 

If you do want to pay however, then it's really up to you what percentage you choose to pay, but make sure that you stipulate the removal of any defaults as part of the deal. While you're deciding which way to go, remember that Lowell's have probably bought this one for absolute peanuts.... which means there are no "clients", as they would have you believe

[The Janitor]

If I had have received this offer before discovering this site I would have paid up to settle but then again I don't think they would have made the offer if I hadn't have sent the CCA request.

I trust and appreciate the advice given to me so Lowells can go to hell. They don't have a "footprint" on my credit file anyhow so as long as I have the law on my side I won't be sending them anything until they provide a valid CCA.

So far, thats 2 DCA's confirming they can't supply CCA's and now Lowells looking to make that 3. Things are going very well indeed so far

[PriorityOne]

I think you've made a very wise decision.... Things are looking very good indeed.

[The Janitor]

Ok I got this from Lowells just today

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Lowell_letter1.jpg

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Lowell_letter2.jpg

 

Is this enforcable

[paying_citi_back]

Ok I got this from Lowells just today

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Lowell_letter1.jpg

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Lowell_letter2.jpg

 

Is this enforcable

 

I would look again and see if the following is there:

 

1 A credit limit or amount of credit.

2 The rate of interest.

3 A repayment schedule.

 

I also notice you ticked PPI, you may want to investigate if it was suitable to you and if the PPI details where sent to you for review..

No doubt they have that all recorded as well..

 

Cheers and good luck...

[PriorityOne]

Is that it ?!

 

It's an Application Form... no worries. You just need to write a brief response to let them know that you know it. I will post one up for you shortly...

[PriorityOne]

Dear xxxxx,

Your Ref : xxxxx

Thank you for your letter of xx/xx/xx in response to my legal request.

The document that your client retrieved from archive however and which you enclosed, is a pre-contractual Application Form; clearly headed up the same. It contains no prescribed terms; interest rate, credit limit and/or terms and conditions and therefore, contrary to the comments in your letter, does not in fact comply with my legal request under The Consumer Credit Act, 1974. Neither does it represent a legally binding Agreement under the above Act.

Therefore, until such times as you are able to comply with this request, the account remains in dispute, is legally unenforceable and no further payments will be forthcoming.

Yours sincerely,

(by rec. delivery)

[The Janitor]

Thats brilliant! I'll get that printed & sent out to Lowells in the morning.

I don't understand how these guys can come up with the application form from way back in '99 but cannot get a CCA. Is the CCA destroyed if the debt is written off by the OC?

Oh I don't care as long as Lowells don't get their hands on it.

So my "proposals" for repayment as required by Lowells will be 1 payment of zilch followed by further regular payment of bugger all til a CCA is provided.

I'm beginning to enjoy this. Is that wrong?

[PriorityOne]

I'm beginning to enjoy this. Is that wrong?

 

Nope... not wrong at all !!

[ODC]

Lowells know that they have no enforcable CAPONE CCAs. CAPONE didnt do enforcable CCAs, So you can stop paying Lowells as well now. Any response from CRAPBOT

[The Janitor]

Any response from CRAPBOT

 

I assume you mean Cabot?

I just got the standard acknowledgement letter which they appear to send to all CCA requests til they figure out what to do next. As I'm sure you've noted from my earlier comments, they are backed up with a CCJ so not quite a "no CCA? get stuffed then" scenario which is a shame as this lot seem to be very unpopular here. I would love to get the CCJ removed/overturned though as suggested by another member so just waiting on their response. It did say in their reply to my CCA request, dated 29/07/2008, that if they cannot forward the information requested within the 12 days they would write back. I'll post all communications from Cabot and all the other DCA's on here as they arrive as I'm sure I'll be needing further assistance.

[The Janitor]

Ok so I sent off the letter to Lowells telling them that what they sent me was actually an application form and not an enforcable CCA and today I received a letter from Red Debt Collection Services saying that they have been appointed by Lowells to recover the outstanding balance on the account.

I thought Lowells are not allowed to do this as the account is now in dispute as they are in default of my CCA request?

[ODC]

Dont worry. Red Debt is just another desk in the Leeds Threat Centre. It supposed to be their scarey 'Specialist Insolvency Department'. Its merely a childish game they are playing to make you think they have upped things a notch. They have ho more Legal Powers than Lowell Farcical have. In fact you have more legal power than these muppets. They are in breach of your CCA request so they can do diddly squat. Make a formal complaint to them and report them to TS.

 

Lowell = Red Debt = Hampton Legal = *******

[The Janitor]

It's a bit strange. Only a few days ago I received letters from both Lowells & Red Debt saying they were BOTH in the process of getting my CCA from Capital One....... BOTH???? Thats AFTER Lowells sent the unenforcable application form. I've also noticed the latest demand from Red Debt is actually dated 14/8/08 which was before I even sent off the letter that PriorityOne kindly posted for me telling Lowells the application form doesn't satisfy my CCA request. Also, I hadn't at that time made any suggestion at all that I would be stopping future payments and now they're thrashing about just because I requested a CCA

Yes I noticed the Leeds postcode on the letter from Red Debt so I did think maybe they were linked.

As I'm very new to fighting back I wouldn't have a clue how to report Lowells/Red Debt to TS or what I would say. I also wouldn't know how to word a complaint to Lowells/Red Debt either. Can you please point me in the direction of a letter template as my letter wording isn't half as good as some I've seen on this forum.

Things are going to start hotting up for me now as I pay most of the DCA's on the 20th of each month and that's now passed so I'm expecting quite a few late payment letters very soon. I've received no CCA's so far.

[ODC]

Without a CCA they are unable to enforce an alleged debt and you are legally entitled to withold payment. As regards Complaints just right to Lowells Group requesting a copy of their complaints procedure. They are obliged to have one and supply you with details. The basis of your complaint will be that they are harrassing you for money by failing to supply proof that a debt exists

[The Janitor]

Many thanks ODC.

Letter being sent out to Lowells first thing in the morning. I see from reading other threads that you have had dealings with this lot. Out of the 9 DCA's that received CCA requests from me Lowells were the only one's to at least try to claim they had one.

All payments now stopped apart from Cabot (CCJ), still nothing from them. CCA request was received by Cabot on 29/7/08.

[ODC]

Lowells use the oh we will get a CCA from our client ploy as a bluff so they can make you a wonderful offer of 60% discount on an unenforcable debt

[The Janitor]

Ok so things are going quite well at the moment & have had no further replies but am assuming some late payment notices will be on their way very soon. Lowells should be receiving the letter requesting a copy of their complaints procedure.

Just a question while all is quiet. Of all the DCA's I have sent CCA requests to, JB Debt recovery, Wescot and Face2Face have not acknowledged the requests. I enclosed the requests with the usual monthly payments of which all were cashed. JB & Wescot both cashed the £1 CCA payment but Face2Face (Intrum Justitia) have not. As I stated earlier I didn't send these letters out recorded but they obviously received them as all at least cashed the regular cheques which were enclosed with the requests. Do I re-send the requests recorded or just sit tight & wait for them to contact me?

[PriorityOne]

Difficult.... as it's only your word that the payment was for a CCA request and because there's no proof of delivery, they could argue that the request wasn't received if you followed it up.

 

For the ones who've cashed the payment, wait a while longer and see how they respond... but for Face-2 Face (IJ) or whatever they call themselves, you should really re-send this (recorded) in order to cover yourself.

 

[pelham9]

The three debts that Link hold from MBNA.

 

Just to check that you have made payments on all these debts in the last six years?

 

Like CAP1 MBNA do not do enforceable agreements so you should be on a winner.

[The Janitor]

PriorityOne: Ok cheers, I'll re-send to Face2Face Contact (sounds like a dating agency!) but this time recorded. I'm now aware that all communication of this nature should be sent recorded but I'm not quite grasping just what this establishes. It only confirms that the DCA got something I sent & that I can prove they got it but doesn't exactly prove what it was I sent or maybe I'm wrong. I am very new to this so maybe someone could explain further. I am of course very happy to follow the advice given as you guys & gals know what you are doing

 

pelham9: Yes payments have been made on all 3 of these accounts up til 4/7/08 which is when Link received my CCA request. As you've obviously read they put the accounts on hold til they sorted me out with the documents. As they have used up their alloted 12 days I believe I am entitled to suspend any further payments til such time as they "find" my CCA's & if what you say is true I may have made my last payment to Link

[TMAngel]

Hi apologies for hijacking your thread but I've read with interest re your Cabot CCA

 

I pay Cabot an agreed monthly amount by Standing Order for a debt with CitiFinancial. I sent off the CCA request to Cabot and also got the same standard response ' we are not obliged to provide this information but we are pleased to help and have already requested the documentation from the original lender.. should have this within 12 days'

 

Now I called Cabot 2 weeks ago and they told me I owed £1800 but on the CCA letter it says I owe £2554!!

 

I've also got a Default on my files from Cabot but surely in order for them to have Defaulted me they should have a valid CCA on file not have to request it from Citi?

 

Like you I'm also new to all of this CCA business but if I get this debt paid off for a stupid pittance and removal of default then I'm up for the fight!

 

Any advice for me on what to do next? I posted the CCA letter on 12 August and their letter was dated 13 August and I understand they have 12+ 2 days from the date of my first request = giving them until tomorrow to get the CCA back to me..??!

 

Thanks again:-)

[ODC]

I sent off the CCA request to Cabot and also got the same standard response ' we are not obliged to provide this information but we are pleased to help and have already requested the documentation from the original lender.. should have this within 12 days'

 

You really should start your own thread TMAngel. However the above statement from Cabot is totally incorrect. They know their obligations under the CCA and as usual are talking Bovine Excrement. If after 12 days you have not had a satisfactory response from Cabot Towers then I suggest you cancel your Standing Order.