Jump to content


  • Tweets

  • Posts

    • Is there any point in revisiting the fact that the initial speculative invoice (which I never received anyway) was issued more than 14 days after the alleged incident anyway? Should that alone not merit the throwing out of the case to start with?
    • no cca = no pay ....end of. you should not have been running the sb date to infinity by paying debts no-one has enforceable paperwork for...might as well have burned the money for all the good its done you.   dx  
    • Despite the rapid start of vaccinating the population, the UK now has the 13th highest vaccination rate in Europe and the government has received criticism for the (lack of) speed of its booster program and the (lack of) availability of vaccines for 12-17 year olds.   - and falling - 11th not long ago   • Europe: COVID-19 vaccination rates by country | Statista WWW.STATISTA.COM Belgium, Ireland, and Portugal are among the European countries with the highest number of COVID-19 vaccine doses administered per 100 people.  
    • Just to be sure, you are suggesting that I adapt and use this text? ..... Grace Period: 45. Code 13 of IPC Code of Practice states: ‘13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking. 13.3 A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.’ Fifthly, I would ask the Claimant to provide evidence that the car remained in the car park for more than the ten minute Grace Period allowed by the IPC Code of Practice. The parking space became unpermitted at the moment the driver left the site, so then a ten minute Grace Period would apply. As the vehicle was there for no more than ten minutes, then according to the ICP’s Code of Practice, which the Claimants says they complied with at all material times, a PCN should not have been issued. Alternatively, the Claimant is invited to show the signage which makes it clear that no Grace Period applies. Planning Permission 46. Finally, the Claimant really emphasis their signage in their Witness Statement. In schedule 2 of their (expired) service agreement it says that ‘The Company will provide the following – 1. Supply 6 Vehicle Control Service v Claim Number: 16 x Enforcement Signs (MAXIMUM STAY 90 MINUTES WHILST SHOPPING IN THE STORES).’ I was only able to find 5 enforcement signs (Exhibit 15). This is another example of VCS not caring about legal obligations, this time within their own contracts. Regardless, I do not believe they have planning permission for these signs, which is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007. I have requested proof of planning permission from VCS by means of a CPR request, but they have not replied. I have searched Hillingdon council planning portal and I cannot find planning permission for the signs. Whilst should mean a contract could not be formed between driver and the Claimant, as you cannot form a contract with illegality, I would like to use this as another example of how unbothered the Claimant is about the law and how they do not adhere to their own IPC Code of Practice as ‘Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses’ (Code 25.1 IPC Code of Practice). The Claimant does not care to adhere to Code of Practice they signed up to and generally do not care about keeping their legal affairs in order. I would consider that a blatant disregard for the rules and the law. 47. I have done some research into the Claimant and their court action. They have a pattern of behaviour whereby a VCS paralegal writes a Witness Statement, then mentions in the last paragraph they may be unable to attend court and then the paralegal never turns up to be crossexamined. In the event Ambreen Arshad is unable to attend court to be asked about her claims, then I would like to know why she is not able to attend when the hearing has been scheduled months in advance, is during working hours and as a result of covid, is online, so there is no travel involved. Mohammed Wali, the other paralegal employed by VCS, does exactly the same. Vehicle Control Service v Claim Number: 17 Additionally, I suspect the patrol officer will also have an aversion to explaining himself to the court. E. Double Recovery Legal Fees 48. The Claimant’s Particulars of Claim include £50 legal costs, yet in the letter dated 29th June 2021, the Claimant stated that they were no longer represented by Elms Legal and all further correspondence should be sent to the VCS in-house litigation department (Exhibit 16). I am not sure why the Claimant is asking the Defendant to contribute to their employee’s salary. 49. Furthermore, as per another letter dated 24th August 2021 (Exhibit 17), the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in Small Claims Court. I cannot think of any reason why the Claimant would write this letter other than to intimidate the opposing party with the threat of an extortionate sum of money, hoping they would be able to take advantage of someone not knowing the Small Claims Court rules. Given that this letter came from the Claimant’s in-house litigation department, clearly well-versed in the law, I cannot see this as anything other than deceitful and disingenuous behaviour and I hope the court will not tolerate it. Vehicle Control Service v Claim Number: 18 Contractual costs / debt recovery charge 50. In addition to the £50 legal costs, the Claimant is seeking recovery of the original £100 parking charge plus an additional £60 which is described as ‘contractual costs and interest’ in the Particulars of Claim and as ‘debt recovery charge’ in the Claimant’s Witness Statement (para 31). No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4. 51. In the event the court has somehow allowed Protection of Freedom Act to apply, then para 4(5) Schedule 4, Protection of Freedom Act, states, ‘the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper’ which in this case is £100. 52. In the more likely event that Protection of Freedom Act 2012 does not apply to this case, then the Claimant still must demonstrate how these alleged additional costs have been occurred otherwise it would appear to be an attempt at double recovery. 53. In previous parking charge cases, it has been found that the parking charge is a sum so high that it includes the cost of recovery. In the case the Claimant cited, Parking Eye Ltd v Beavis (2015) UKSC 67. It was held that the sum (£85) had already incorporated the costs of a private parking business model as it was inflated so as to comfortably cover all costs. The Supreme Court held that a parking firm which is not in [exclusive] possession cannot plead any part of their case in damages. The case provides precedent that £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters.
    • I deal some time with cash some time with card but i keep all recipts i put my money on  20 october  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Lowell Finance and my Battles


sweetcandy
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4601 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Lowell bought my cc debt from capital one, the total sum amounted to £400; £260 of the debt is ppi, late payment and over limit charges.

I sent them a cca and received a non readable agreement form signed by me.

The option box on the form to agree to ppi was not “ticked” and no ppi agreement was supplied by Lowell, even though ppi is part of the charges on this debt.

My question is ….

1)Now I have received the agreement form, can I claim for the over limit, late payment charges and ppi charges.

2)Should I request for a signed ppi agreement form?

3)If they cannot provide a signed ppi form whereas I’ve been charged ppi does this invalidate their claim?

Edited by sweetcandy
Link to post
Share on other sites

The first step is to establish whether or not the agreement is even enforceable.

 

Have you got access to a scanner?

 

If you have, upload it to photobucket and let us see.

 

If it is an old Crap One card the agreement is unlikely to be enforceable.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

Link to post
Share on other sites

Being unreadable is in itself enough to render the agreement enforceable.

 

This was the case for me with a BOS loan agreement. It was mostly unreadable and a poor microfiche copy with no terms and conditions. They went very quiet over a year ago when I pointed this out to them. I've heard nothing since then.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

can't make the small print on right hand side out but the PPI definitely not ticked. You can reclaim the PPI and charges. If you can post a better copy or provide the text of the small print I'll be able to help on the unenforceability

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

looks to me like a typical mailer application to me.

It does mention the interest rates in the box just above the signature bit, that starts off "I'm applying....." lol.

 

But I cannot see anything that mentions repayments or credit limits, so it's therefore possibly unenforceable. If you could confirm it, or get a more detailed scan of that text, then it would be useful to determine 100% if it's unenforceable or not.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An applicatiom form with no prescribed terms on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. An application form neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

 

I can't see all the prescribed terms

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Yep, it's unenforceable for the following reasons.....

 

Just above their signature box it states, "I am applying for 4 cards with the following interest rates...." It should state the actual rate for the card the agreement is for. So for to them to state four different rates is a big no, no.

 

Also they mention terms and conditions, but they have not been included with your agreements, and should be the ones that were from 2004 and no other year.

 

There is no mention of how often payments should be made and the amount of the repayments should be.

 

What you have is an application form and nothing more.

Welcome to the unenforceable CCA club.

 

It's time to break the bad news to Lowell. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

Thanks fuzzybobble, you ve put a smile on my face tonight lol, which template letter do i need to send to them now?:)

 

This letter usually does the trick for me....

amend the xx and bits in red to suit.

 

Dear Sir/Madam,

Re: Account number xxxxxx I do not acknowledge any debt to your company.

Thank you for your letter of xx/xx/2008, the contents of which have been noted.

 

I'm afraid to inform you that you have totally failed to respond to my request to supply me a true copy of the original Consumer Credit Agreement for the above account.

As you will be fully aware an application form that doesn't contain the perscribed terms and conditions (Re: Consumer Credit Act 1974.) and is such unenforceable in a court of law. The document you provided is an application form, and not a properly executed credit agreement. Also the so called terms and conditions referred to in the application form are also missing.

 

On xx/xx/2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on xx/xx/2008 (12 working days from date CCA sent)

 

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 you enter into a default situation.

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

These limits have 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.

And

(b) If the default continues for one month he commits an offence.

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

Hilight anything in bold and red text as they like to do.

Keep copies of everything, don't sign the letter, print your name.

If they go quiet for a few weeks after they recieve this letter, or send it to another DCA, don't be at all surprised. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

You'll have to edit the letter a bit, as this forum doesn't seem to like stuff pasted from MS Word documents. For some reason it likes to include the font formatting.

 

If you copy and paste the text into your own word processor and edit the text before printing it out, then you should be ok.

 

Any problems shout for help on here. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

fuzzy,

 

Try pasting the letters into Notepad or Wordpad, and then copy and paste them from there.

 

That gets rid of the formatting.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

Link to post
Share on other sites

Below is a scanned PDF copy of the form, it can be enlarged in adobe acrobat.

 

 

Yes unenforceable

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

No problem. Happy to help.

 

If you have a spare 8 hours and some cling film to protect your computer from spilt drinks due to laughter, etc...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

 

Read this thread. (one of the most popular threads on this forum.) It was started earlier this year by Mr.Ton and has loads of advice on how to deal with DCA's. Shows the lows and highs and the lives of real people who make a stand against the Debt collection industry. It will make you laugh and realise that DCA's are nothing to be scared of. Plus later on there a few links to some recent funny videos and songs CAG members have contributed to. A year from now, it will be the biggest thread on the whole site. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

  • 4 weeks later...

When they find out you're aware of your legal rights and they know, you know the CCA is unenforceable, then they usually go quiet.

 

They may pass it onto another DCA, but we have a letter template for that too. ;)

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

Also, they may well be too busy on youtube looking at FB's exploits:D

 

The 1st Credit gang are the next to appear on Youtube. Not the threat centre staff this time. But the ones supposedly in charge. Also known here as Uncle Bob and Uncle Charles. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

  • 1 month later...

Lowell are back again, after sending them the letter on POST 14 ABOVE, they replied today sening me the attached T&C below with the PDF doc in POST 10.

This is well beyond 12 working days and 30 days from the date. any one had same experience???

what should be my next line of action.:mad:

scan0001.pdf

Link to post
Share on other sites

Well thats nice of them to send you some t&c's IF you ever wanted to have an agreement with them.

But it doesnt comply with your request.. The account is now in dispute, you need to make sure you inform them so.

Ask for their complaints procedure, then complain. You can then put in a compaint to FOS etc.

Now that youve exhausted the CCA route, you may wish to get them to comply with a CPR request for sight of the original agreement..

So, what are you waiting for?:)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...