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Lowell Finance and my Battles


sweetcandy
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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?:-)

The doc on POST 10 is the application form which they just photocopied again attached it to a photocopied T&C sent to me!!! the T&C donot evn have a date on it so can't say exactly the period it governed CAPITALONE C.C

Pls whats FOS and CPR not too familiar with the acronyms lol.

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  • 1 month later...

Hi again.... well they didn't stay away for too long. I received a letter from them and threatning court action and today another letter giving me payment options. However i have still not received a copy of my T&C's all they keep sending me is a copy of the application form.

 

Can anyone help me as to the next step of action to send to these people?

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So, youve sent CCA request?? if they have defaulted on time (12 ~+2 days)

then you need to let them know by recorded del that account is now in dispute. Thats your next step

 

when is sent CCA they replied after about two months with pages of the C.C transactions,

i wrote back and requuested for a signed T&C, after another 3 weeks they replied with a photocopy of the application form (attached in on of my earlier post). sent them a third letter explaineing they have not provided information that i requested.

They replied again with same photocopied appliaction form and an unreadable, unsigned T&C.

i totally ignored them, after about 4 weeks i received a letter threathining court action, i didn't bother to respond, got another letter at the weekend advising they have reduced the alleged debt and asking me to pay the balance.

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Sounds like they havent got the agreement then, its up to you how you go with this, you are under no obligation to pay anything until they come up with the executed enforceable agreement.

If you accept their lower 'offer' whats stopping them selling on the remainder and some **** bag DCA trying to collect again. Remember, if you pay something, that will be seen as you admitting liability for the debt.

Maybe I'm one the the paranoid ones, but I'd never trust these fools.

If they've messed up on the paperwork, then thats entirely their problem, not yours.

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Well about 90% of the alleged debt is Late payment fees, so im not willing to pay the reduced amount they offered.

 

Might I suggest you send Lowells a letter along the following lines?

 

Sir.

 

Despite your failing to comply with my lawful request under the CCA 1974 and the account thus being lawfully in dispute you continue to request payment from myself.

 

I have recently become aware that approximately 90% of the amount you allege I owe is comprised of charges which have been deemed as representing unlawful penalty charges.

I am shortly to begin litigation against Capital One to reclaim these charges which with interest compounded at 8% for a period of some five years will actually exceed the amount of any debt you allege I owe yourselves.

The reclamation of charges and penalties unlawfully applied upon credit card accounts is not subject to the pending OFT case, the matter was finally decided some time ago and the process of reclamation is fairly simple and one with which I am familiar.

 

The problem appears to be that under Section 136 of The Law of Property Act 1925, Capital One have assigned this account to yourselves and I am sure you understand that any such assignment is 'subject to equities'.

It therefore appears that you have been sold the proverbial 'pig in a poke' since if such assignment is valid then I shall be reclaiming a sum in excess of approx £(130% X balance) from your company.

 

I do hope you therefore understand that I need urgent clarification in the matter of ownership/title of this debt in order that the Court paperwork can be researched and drawn up.

 

In the event that this account is deemed to be owned by Lowell or any of it's group of companies whether by admission or under legal scrutiny, then you may expect a claim from myself in respect of the unlawful charges.

 

Since you have chosen to damage my credit reference by publishing inaccurate information contrary to principle 4 DPA 1998 (such inaccuracy will be proven by the debt being entirely extinguished by the reclaimed charges ergo inherently provable), it is also likely that at some stage I shall serve your company a notice of enforcement under DPA 1998 in the matter.

 

Failure to comply with any enforcement notice I might issue may well give me grounds for further litigation against yourselves subjecting you to exposure to further costs, provable damages under Sec 13. DPA 1998 and a further submission for undefined damages.

 

I trust you can see that this matter is very serious and I expect written clarification concerning the ownership of this account within fourteen days from the date of this letter in order that I might start the reclamation process.

 

Failure to respond to this explicit request within the timescale may result in litigation being started against yourselves in respect of the unlawful penalties applied to my account. I do after all have correspondence from yourselves in which you claim to be the current owner of the debt.

 

I remind you once again that since this account is formally in dispute that you may not pursue collection activity and you may not sell or pass the debt to a third party. The OFT are quite clear and I have alrerady instigated a complaint about your handling of the matter through consumer direct. Further breaches of the guidelines could be very damaging for your company.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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