lowells again

[fiftypence]

Yeah thats the same as mine. Give it 2 or 3 weeks and they will close their file.

[silverfox1961]

oops

Edited November 3, 2008 by silverfox1961
document shows too much

[huggy41]

hello silverfox i like that bit about the credit agreement being retrieved from the archives which's translates to " oh s**it we've been rummbled let's go "

[silverfox1961]

Try yet again!!!

[silverfox1961]

That took a while to get sorted.

 

fox

[silverfox1961]

LOL Huggy

 

You never know they might have an archive.

 

Once their time limit is up, do i send the "account in dispute" letter and if so is that by recorded delivery too?

 

I'm worried that if they can't find the CCA then they'll send it back to CAP1 and they'll start chasing me.

 

fox

[huggy41]

That took a while to get sorted.

 

fox

 

silver if you get stuck with photobucket i made a video of how to use it for this forum it's here just press

[huggy41]

LOL Huggy

 

You never know they might have an archive.

 

Once their time limit is up, do i send the "account in dispute" letter and if so is that by recorded delivery too?

 

I'm worried that if they can't find the CCA then they'll send it back to CAP1 and they'll start chasing me.

 

fox

 

yes you will need to send off this account in dispute letter after the 12+2 days. post recored just to be on the safe side

[silverfox1961]

Thanks huggy. Officially their time runs out tomorow night so the letter will be posted on wednesday. I'm not waiting on them.

 

So it was you who did the video. I saw it once but then lost the link.

 

someone else did a step by step guide which i followed and it worked but i left some identifying material on it so i tried various ways of editing it and failed. The only way that worked was to delete the letter from within the post then go to photobucket and reload it but it kept putting up the original one. I ended up going into my own saved image, renaming it and reposting. that did it.

If there is an easier way to edit, could someone let me know

Ta muchly

 

fox

[silverfox1961]

ARRGGGHHH! I'm going mental!

 

I have seen somewhere on here an "account in dispute" letter to a DCA where they have failed to provide the CCA in time. The only one i can find is where they've only sent partial details. I'm not clever enough to write my own and I'd like to "borrow" someone else's;)

Any help appreciated

 

I've been having random thoughts again (I know, not good for me)

If i were to complain to the financial ombudsman and they investigated Lowells, it costs them £450+. As the full and final settlement they want me to pay is just over £300 could I not just throw back at them that if they don't drop this case, I would go to the FOS, costing them more than they would get back.

I know it's a useless idea but I do like to throw them out occasionally:)

 

fox

[fiftypence]

Waste of a stamp and an envelope IMO, they are days/weeks away from closing your file based on my experience and others on here.

 

However, this may be the letter you were thinking of?

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

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.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

DON'T hand sign it.

[silverfox1961]

Thankyou fiftypence. That's the one i was looking for.

 

I want to send the letter for my own peace of mind and to put them on notice that I'm sick of their BS. I'm going to ask for a copy of their complaints procedure too.

 

thanks again

 

fox

[hammyhound]

After their letter stating that they had to go back to the OC last week for a copy of the CCA (despite the fact that Lowells bought the debt and should have all the paperwork) got letter today saying thank you for your recent correspondence etc.

 

We are currently reviewing your offer and will be in contact shortly. In the meantime your account has been placed on hold.

 

It would be helpful for us to speak to you and we would be grateful if you would contact us blah blah blah.

 

Just one of their ploys for me to ring and say "i haven't made an offer". Their deadline is Thursday cant wait, I really do look forward to opening my mail now to see what surprises I am going to receive. Although no post means no CCA and no CCA means "you are not getting another penny".

 

Hammy

[ODC]

I agree with fiftypence. You are wasting a stamp by corresponding with these muppets. They are the so called professionals and as such should be fully aware of their legal responsibilities. Its not your job to remind them. Another letter to them may just encourage them to look harder for your CCA

[fiftypence]

Thankyou fiftypence. That's the one i was looking for.

 

I want to send the letter for my own peace of mind and to put them on notice that I'm sick of their BS. I'm going to ask for a copy of their complaints procedure too.

 

thanks again

 

fox

 

I would be interested to know if you receive anything regarding their complaints procedure - I rang them asking for a copy of it and apparently they don't have one ha ha! They said I should just write in with my complaint:-? Wunch of Bankers!

[silverfox1961]

Thanks for your comments.

Now i'm in two minds about sending the letter so I'll hold off for a few days to have a good think. I'll wait for them to contact me again (they're bound to-eventually)

 

I'm just worried that once they do find it they hit me for the full debt and maybe take me to court. I know that's not such a bad thing but due to my illness , I can't guarantee to be fit enough to attend court and i can't afford a brief.

What about a complaint to the FOS though. Do I have grounds or am I jumping the gun?

 

My brain hurts!!

 

fox

[fiftypence]

They are offering you discounts to settle the debt, why? Coz they can't find the paperwork. If they can't find the paperwork they can't take you to court, they need documents to do that and they haven't got any.

 

Taking you to court costs them money with the possibility you have no assets/income so they could be out of pocket big time by going through the courts thats why they don't often take people to court, only as a very last resort.

 

Even if they did take you to court if you are on benefits the court will probably order you to pay £1 per month, they cannot and will not ask you to pay in full even if the DCA comes up with all the right paperwork.

[silverfox1961]

Thanks again fiftypence.

You have convinced me. I'll keep a low profile for now and wait to see what the post brings.

 

The only asset is my car and as I'm registered disabled, they can't have that either.

 

If they start pestering me again without a CCA then the letter you provided will be used. I feel a little less stressed now.

It's great to have people like you around to advise me. I think a few tickles are in order to you and ODC

 

fox

[fiftypence]

No worries I'd put money on it that they will close their file in the not too distant.

 

Just checked my correspondence, they closed the file about 3 weeks after their last attempt at seducing me with a discount offer.

[silverfox1961]

Morning all (looks at watch, yup still morning-just:D)

Got another letter today and ODC has it spot on so far (see post 25)

 

 

I'm a bit disappointed that they haven't reduced the F&F but I'm not that fussed. I don't mind paying the debt BUT at a level I can afford. If they do find the CCA(however unlikely) then at least with the template letters on here, I'll be able to attack instead of defending.

 

fox

[silverfox1961]

Funny about the last letter (30/10/08) when they offered me the F&F settlement. they gave me 24 hours to agree but on this one they still have it open???

 

fox

[ODC]

Capone being Capone will NOT have anything resembling a properly executed CCA. I think it safe to assume that the next letter you get from Andy Bartle will be their sorry for bothering you apology letter.

[fiftypence]

Funny about the last letter (30/10/08) when they offered me the F&F settlement. they gave me 24 hours to agree but on this one they still have it open???

 

fox

 

They are templates. Mine were the same, discount of 60% provided I pay it off 4 days BEFORE receiving their offer, then an open ended 60% discount offer then file closed

[silverfox1961]

ODC &Fiftypence,

I do really hope that's what happens but I won't be holding my breath.

Thanks again.

 

fox

[ODC]

Unless your Crap One agreement is of recent vintage it WILL be UNENFORCEABLE.

 

Remember CAPONE have sold this alleged debt on to Clownells for about 10p in the pound. They have written it off and got tax relief on it. Clownells only exist to make money out of peoples misfortune. Do not feel in the slightest bit guilty about using the law so that you do not have to pay them.