Lowell - No Cca But Offering F&f creation finance debt

[mysticpols06]

Morning peeps,

 

Lowell

(originally creation consumer finance) CCA'd em on 7th - two replies so far stating requested info from original lender then this yest:

 

"Following your recent request .....blah....i can confirm our client CCF has requested that your credit agreement be retrieved from archive. Once retrieved you will be required to repay outstanding balance in full. If deemed necessary, we may iniate legal proceedings which could eventually see your outstanding balance increase....blah...In an attempt to resolve matter amicably i would like to offer you a settlement...As long as payment is with us by 26/11 am willing to accept £###.## as F& F on your acc. If payment not received withing the time we reserve the right to proceed to collect the full balance....Call number below..blah..."

 

Am assummin that their way of thinking is to try and get the smaller amount from us as opposed to nada because they can't provide the agreement? The smaller amount is approx a third of what they say is outstanding but still wouldn't be possible to find that amount with 2 days notice, if at all to be honest, & wondering if is just irony that they want settlement by the same day that they default on cca request? Also - they seem very defensive with the whole "once agreement is retrieved you will have to pay balance in full" - Why? They not had problem with the payments they been getting the last lord knows how many months & surely we could simply be requesting our details in order to update our records & affairs in the current economic climate? Anyways, Thanks as always.

 

Mpols x

[berrylover]

Exactamundo. If you pay off the smaller amount they will have received considerably more than if you don't pay another penny until they send you the CCA (which is highly unlikely to happen). DO NOT PAY THE FULL AND FINAL SETTLEMENT. They cannot start legal proceedings to get the money from you without a CCA.

[mysticpols06]

Thanks Berrylover - thats kinda what i figured. Will send them the Acc in dispute letter if not heard received cca of them after tomorrow & will not reply to this f&f letter

Mpols x

[ODC]

Dont waste your time or a stamp responding to this joke of a letter from the Leeds Losers. They are trying to CON you into making a payment on an unenforceable debt. They will probably send you another one of these great once in a lifetime offers before eventually throwing in the towel. Save your stamp for a Christmas Card.

[fiftypence]

I agree. Had one of those myself from them. Sit tight they will make another offer, ignore that too then they will close their file - I have the correspondence to prove it

[mysticpols06]

Thanks peeps - enough shared opinion to make me smile easy for a bit. Will see what might arrive in post today or tomoz from these or any of the other DCA's we CCA'd on the 7th.

Mpols x

[noomill060]

Dont offer to pay them a penny!!

 

Lowells will send you two more letters saying they are still looking for the agreementm before they send you a letter stating that as they cant find it will be not be troubling you again.

 

Happened to me and lots of others on CAG.

[mysticpols06]

Fingers xed noomill060

Mpols x

[mysticpols06]

Evening peeps, Have acc in dis letter ready to go tomoz but wondering whether to send or not after comments in another thread advising me to sit tight with these jokers as they will apparently send another couple standard letters then close files - Just wondering though that at least if we do send dispute letter, that it shows (for the record if ness) that we are aware of certain rights/obligations and that is why we will be withholding payments until the agreement is proven enforceable? (If that makes any sense ) We are in same boat with Cabot & Debt managers ltd at the moment as well ( all waiting (unsigned) to be sent in the morning).

Would welcome any opinions if poss please? Many thanks as always!

Mpols x

[ODC]

You do not need to send the account in dispute letters. IMHO they are a waste of time. DCAs are so called professionals and as such and by virtue of their licenses should be aware of their legal obligations under the CCA 1974. Its not your job to remind them.

 

If however they continue with their threats then send them the letters advising them that they are in LEGAL DEFAULT and make formal complaints to the DCA, TS, the OFT and your MP. In the meantime you need do nothing.

 

By merely sending the clowns a CCA request you have informed them you know your rights. Sending a reminder to them may encourage them to look harder for the CCA and will certainly elicit a response from Allison Shepherd that they have 42 days which of couirse is total crap.

[silverfox1961]

told you i'd look at yours:grin::grin:

 

fox

[mysticpols06]

:)Ok ODC - Many many thanks - will keep copies of letters safe & wait to see what responses we have to us witholding payments at the end of this month! Soz to sound sooo like a twerp but been a kinda naff few days so was starting to question where i was at with it all ( have been trying to sort hubbys as well as mine). Anyways, thanks hun again!

Hi Fox - Told u weren't much to show lol - but ur very welcome nonetheless!

[havinastella]

I agree with ODC.

 

The account is now only in dispute if they try to collect on it.

 

They have informed you they are trying to find the agreement and have offered you a F&F. They have done nothing wrong as yet.

 

Jogs

[mysticpols06]

I agree with ODC.

 

The account is now only in dispute if they try to collect on it.

 

They have informed you they are trying to find the agreement and have offered you a F&F. They have done nothing wrong as yet.

 

Jogs

 

Fair and simple point!

Am trying to decide whether or not to offer £1 token payment for couple months until they do maybe send agreement, as gesture of goodwill etc, beings as not sent em acc in dis letter - after reading (many) precious posts on other threads think we have decided to withold all payment on those that haven't sent anything (these, cabot x2, ndr) Pay £1 token payment to those that have responded albeit with invalid agreement (debt managers ltd (see other thread) & send a template explaining so until they do & continue the agreed pro-rata payment for cap one who are o/c until know how to handle em a little later (although these have replied with a blank agreement to my acc & nothing at all to hubby's). Soz if seems bit random or confusing - is just bit awkward to know what to do for the best, espesh as next payments are due (s'posedly) tomorrow & so far they have all past their sell by date lol (12+2 days).

Thanks as always & soz again for rambling

Mpols x

[silverfox1961]

Hi Mpols,

this is spooky. We have similar issues but the weird bit is your payment is tomorrow, mine was supposed to be today. both of my dca's are in default so they are getting sweet fanny adams. If and when they do come up with one, I'll repay on my terms, Not theirs.

Feels good to have the boot on the other foot:D

 

fox

[adamski]

Fear not of the Leeds Losers.

 

My wife had an account card that was financed by Creation, it was passed onto Lowells, Red and the Happy Hamptons, but they could not find an agreement,

 

the third time they could not find agreements and the 4th one they sent was unreadable, no prescribed terms and no T&Cs.

 

The Leeds Losers are easily dispatched

[mysticpols06]

Hi Silverfox - I think the problem i've got is confidence believe it or not - Sounds daft i know but am just worried i s'pose that i have got something wrong somewhere & if i don't pay em anything will just all go haywire (which it poss will) but with xmas & kiddies bdays & school/other commitments & family visiting etc etc dec is the worst month for me to be able to concentrate on anything. I guess i really shoulda thought bout that before decided to cca em all mid nov lol!

I should really just think sod em & withold all payments for tomoz & sit back and wait for their reponses. Harumph! Will stop whinging now & mayb try get some sleep me thinks am being too indecisve for me own liking the last couple days.

Best wishes & gd luck with urs.

Mpols x

[adamski]

Like I said fear not.

[stephie12345]

i had the same from lowells, i CCA'ed them and they sent me the usual 'looking for it' blurb, then an offer to settle, then nothing...until about 7 weeks later when they sent me the CCA docs, all there, and that was a barclaycard from 1996:mad:

[angel_1]

hiya Mpols

 

and everyone else helping you on here

 

just found your thread and read through and i understand your feelings of indecisiveness , i was like that earlier in the week

 

have i done the right thing in cca 'ing everyone, im getting all sorts of different things back that are so different to what received previously from another creditor and then im scared but i come here and i have to put my faith into something so i have placed my faith in these wonderful people here who have our own interests at heart

 

today ive been helped by creditcardmug and with my receipt of my first ever default notice, i was scared, didnt know what it meant really and thought thats it im done for - but the advice given was superb and really the creditors will always try to bend the rules to suit them and now with knowledge - the power of no longer being afraid comes confidence

 

pls try and realise you can resolve this with the help from here,

 

i can only assure you 6 months ago - i was ready to hand my home over, anything so i didnt have to answer the phone to what i now realise were all lies that creditors wanted to help me, no they didnt they wanted me to pay and keep paying without me realising what my proper rights were

 

now i know my rights and no one is going to take my house without a fight or put charging orders on it, if i do get to court i will have the backing of many caggers who have been there before me and can guide me, i put my total trust to these wonderful people here,

 

otherwise you are just being made to feel scared and powerless and thats not right

 

best wishes and keep posting, have a good day ciao maz

[mysticpols06]

Thanks peoples - it is lovely to have some support. am slowly trying to get as much info posted on each acc that we have so that there is a diff thread for each of em, but unfortunately with 3 young'uns (& a bloomin nasty lurgey/meds at the mo) it's not always easy! Adamski "Like I said fear not" Did u withold payments after the initial 12 days time?

& Stephie - i think if they do provide it in the future we will just have to deal with it when it comes We already have a charging order on the hse in hubbys name (mort is joint) thanks to n'rock a couple yrs ago (before we found this site much to my despair now!) although the judge ruled that as long as he made the monthly instalments set at the time they would not be allowed to force a sale, so if it all ends up ti*s up with our 'non-priority' debts in a few months at least i know i have tried, (with the help of my new found (infinitely ness') friends)!

Thanks as always,

Mpols x

[ODC]

Mpolis

 

Do not pay Clownells anything. Do not feel bad at all.

 

Crap One sold the debt on to the Leeds Losers for about 10p in the pound. Crapone wrote your alleged debt off against tax so they are not at a loss.

 

If Clownells want to gamble in the debt purchasing market they should make sure they purchase an enforceable debt rather than a load of useless paperwork that is not and never will be enforceable.

 

Its their problem. Let them worry about it.

[mysticpols06]

Thanks for input ODC, Have just been online to bank & cancelled s/order for their payment tomorrow - lets see what reponse they send next. Have also cancelled the one we had set up for ndr/l'woods cat who haven't responded at all to cca yet (will start the thread for them in next couple days doh!) Will withold payment to both our cabot acc as well (usually made over phone) tomorrow which they wont like .

Am off to try & kip if poss (big IF), thanks again - til tomorrow - sweet dreams folks!

Mpols x

[upto the eyeballs]

Hi I am a newbie but have been reading these forums for a while now. Will start a new thread with my goings on shortly.

 

Anyway I have cca'd all my credit cards, and have received the exact same letter from lowells i.e. looking for cca but offering ful & final if I reply back within 2days or else.

 

Funny how they never offered anything until I sent cca request?????

 

Also have received letter from 1st Credit this morning, it starts like this:-

 

"We are able to offer you a generous discount if you settle your account by a mutually agreed 'full & final settlement payment' Please advise me whether this is something you wish to consider and, if so, the offer you are prepared to make. Please telephone us immediately or use the section below and return this form to us by return of post. We will advise you whether we consider this offer acceptable"

 

"Once the settlement payment has been paid we would arrange for your credit file to record the full debt as 'satisfied'

 

PLEASE RESPOND IMMEDIATELY

 

The bottom section reads:-

 

Yes, I am prepared to make a full and final settlement off. My offer

is £ _____________ Signed

 

I am not prepared to make a full & final offer, I am prepared to offer a monthly payment of £____________ Signed _________________

 

I am not prepared to make a full and final settlement or a monthly payment offer. Signed________________________

 

 

My thoughts are to ignore lowells & 1st credit they are both now 12+2 days over the cca request.

 

Any thoughts??????

[silverfox1961]

 

PLEASE RESPOND IMMEDIATELY

 

The bottom section reads:-

 

Yes, I am prepared to make a full and final settlement off. My offer

is £ _____________ Signed

 

I am not prepared to make a full & final offer, I am prepared to offer a monthly payment of £____________ Signed _________________

 

I am not prepared to make a full and final settlement or a monthly payment offer. Signed________________________

 

 

My thoughts are to ignore lowells & 1st credit they are both now 12+2 days over the cca request.

 

Any thoughts??????

 

There should be a fourth line on the letter

 

We have no right to be claiming this so we are going to eff off:grin:

 

fox