help with Lowell please

[petrified]

Hi all

 

i am currently at war with lowell on a few fronts

 

but this one is bugging me tsb loan from 1992 balance now out standing £1200

 

this was being collected by credit security ltd i sent them a cca request which they promptly responded to saying that the file had been closed and had been passed back to there client, then lowell got there hands on it saying they had purchased the debt, i sent them a letter explaining the account was in serious dispute and demanded they sent me the copy signed agreement im still waiting that was 6 months ago

 

they are saying that there still needs to be an agreement in place for me to pay this debt and they are stil waiting for the copy signed agreement from tsb, what can i do to put and end to this.

 

anyone got any ideas should i send them a letter if so any ideas of what i should put in it

 

ps i have had 2 debts written off from these clowns so the hatrick would be nice

 

best wishes

petrified [no more]

[twofoot]

You've sent the letter that was needed. Let them huff and puff. They are well aware that they need a CCA to enforce the debt. It's common practice for them to fob you off with lies. You are quite entitled to refuse payment if they default on a CCA.

[cerberusalert]

If you haven't already done so send them this;

 

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**.(12+2 days after you sent the CCA request)

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[petrified]

wow thats some letter, i think that will go in the post in the morning

 

many thanks petrified

[sploits]

I have had the same problem with Lowell. They told me I owed over £9k. I asked them to prove it and demanded the CCA ( this by the way was requested Jan '08 ). They told me they would get a copy sent to me. I still havent recieved the agreement and even after the carried on threatograms from Lowell/Hampton/Red they all of a sudden dissappear. Last I heard from them was around August so hopefully they will give up chasing you for a debt they cant prove and crawl back under the rock they came from.

 

Just keep your chin up my friend

[petrified]

i will do

 

thanks for the encouragement

[schrodingers cat]

hi

i had a war with lowells last year and i kicked their ass here is the link to it all

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146776-lowell-again-again-prob.html

read it and you`ll get a grip of how full of it they really are

good luck

S.C

[schrodingers cat]

oh and incase someone hasn`t said this before dont sign anything use a nice font and dont talk to them on the phone