Lowell Financial "catch22"

[rightsnlaw]

Desparately need some help!

 

Currently I have two defaults (MBNA Credit card and EGG Loan) with Lowell Financial Ltd.

 

After reading all your assuring/helping posts, I build up the confidence in me, I went ahead and requested CCA for both defaults. I received one for MBNA but not for the other. Now they are telling me to pay both in full otherwise they would like to proceed with court action. I received this in October 08.

 

I am working but absolutely poor(very embarrassing and partly to blame these creditors) and I cannot even dream about paying that in full (£7k-MBNA+£3k-EGG). I'm not sure whether they can do that or not.

 

Technically, for EGG they posing a criminal offence and for MBNA, (I presume) they could take me to court. However I am paid+paying the minimum agreed amount of £70/mth without any miss.

 

I would appreciate any of your help.

Thanks

[dx100uk]

they are a DCA, they have NO legal powers!

as for the 'is it a genuine agreement from the one you have, scan it and post it here for us to look at.

 

NO genuine agreement = no pay! if they have not reponded within 12 working days.

 

if you have been regularly paying 'something' then if it does ever get to court, the judge will laugh it out the door!

 

don't forget also, there nust be heeps of charges on these, fire off a Subject Access Request and get claiming, that will redude both debts & put the A/C's in dispute = bye bye DCA unless they own the debts.

 

dx

 

 

enjoy your holiday, wind up the in the new year

[vexlitigant]

Desparately need some help!

 

Currently I have two defaults (MBNA Credit card and EGG Loan) with Lowell Financial Ltd.

 

After reading all your assuring/helping posts, I build up the confidence in me, I went ahead and requested CCA for both defaults. I received one for MBNA but not for the other. Now they are telling me to pay both in full otherwise they would like to proceed with court action. I received this in October 08.

 

I am working but absolutely poor(very embarrassing and partly to blame these creditors) and I cannot even dream about paying that in full (£7k-MBNA+£3k-EGG). I'm not sure whether they can do that or not.

 

Technically, for EGG they posing a criminal offence and for MBNA, (I presume) they could take me to court. However I am paid+paying the minimum agreed amount of £70/mth without any miss.

 

I would appreciate any of your help.

Thanks

 

 

Hi RightsNLaw

 

You say MBNA HAVE sent you a copy of your CCA and Egg HAVEN'T

 

Therefore I wouldn't worry about Egg today, tomorrow, or until they produce what you have asked for.

 

Let's look at MBNA. You say they have sent you a copy of the CCA, but before we get too excited with that, you need to be satisfied that it is what it puports to be.

 

• How old was the MBNA credit card?
  
• Can you say what has been sent (does it look like your original application form perhaps?)
  
• Is your signature on it?
  

Answer these q's, then also perhaps put a copy of what they have sent you, and pop it into PhotoBucket (AFTER removing any personal details !)

 

Finally. You need to know that Lowells are what their name implies - Lowest of the Low. Take their threats with pinch of salt, but DO keep their paperwork

 

As for Egg. You are way off worrying about that one, as there has been no compliance with your request SO THEY ARE THE ONES WHO ARE MAKING A CRIMINAL OFFENCE. You have no offences against you. You are acting well within the law, your rights and within reason.

 

Best, Vex

Edited December 7, 2008 by vexlitigant
Grammar

[palomino]

Technically, for EGG they posing a criminal offence and for MBNA, (I presume) they could take me to court. However I am paid+paying the minimum agreed amount of £70/mth without any miss.

 

1. It isn't a criminal offence any more - simply a default. They cannot enforce repayments so you are entitled to with-hold them until they can produce an agreement.

 

2. You have a repayment plan with MBNA which is an agreement in itself which effectively supersedes the credit card agreement. If you have kept up payments on this plan then they will get nowhere if they take you to court. But keep making the payments religiously and don't give them any excuse to consider it.

[rightsnlaw]

Hi,

First of all thank you for giving me a positive support.

 

MBNA(Virgin): I have attached the first couple of pages (replaced personal info with my comments) of the CCA that they have sent to me. I do not have original CCA with me but I have most of their credit card statements. It looks genuine unless I am missing to see some important info which I suppose to look for. As dx100uk suggested, is it worth sending SAR? Do I suppose to send it to DCA or MBNA or both? How can I check who owns the debt?

In term of credit card(MBNA) charges, in 2007, I did file a case at the court and it is pending like all the others. They paid 70% and the rest they said that they send me a cheque but i did not receive it so left it as pending at the court.I do not want to go into these charges issue unless there is something that I could use to screw Lowell.

 

EGG: Small correction, Egg has sent me "a loan agreement", but that is not mine. Someone else in somewhere else who had 25k loan. Almost had a heart-attack when I opened the letter. I'm thinking of sending another CCA request and follow up properly by giving them right legal time limits.

 

As vexlitigant and palomino said, DCA cannot do anything as long as I keep up the minimum agreed payments. So I will use this as a shield and fire the letters to them.

 

Thanks again

MBNA_Virgin_CCA.pdf

[fuzzybobble]

One thing I've noticed is that it mentions that before signing, you must read condition 11 in the terms and conditions. But there doesn't seem to be a condition 11.

 

In the T&C's the have sent there is mention of another set of T&C's for the card. Have they sent these?

If the signature document mentions T&C's these must be included for the agreement to be valid. They also have to be from the same time as the dated signature page.

 

Quite often T&C's are missing or from a later date.

[rightsnlaw]

Hi Fuzzybobble,

yes they did sent me the T&C with that CCA. I did not attach it initially, due to the pdf file size. I have attached it now.

MBNA_Virgin_TandC.pdf