Lowell problems

[Flagg913]

Hello...to cut a long story short two years ago i cca'd first credit for a debt, a year ago it got passed to lowell (whilst the account was in dispute) and finally afetr a year Lowell have sent a copy of my agreement.... Unfortuanatly i have no scanner so i cannot put it up... but it says at the top of it Credit card agreement regulated by the consumer credit act 1974, then it lists a load of terms and conditions (8 pages to be precise)...the one thing it is lacking is any signatures of any kind.... not mine, not theirs...there's just no signatures. so what can i do about this? is there a letter i can send off, and is this a legal contract they could use in court?

[cerberusalert]

If you've got a digital camera can you take pictures in macro mode and post them up after removing details?

[Flagg913]

No i don't have a digital camera...but i wouldn't have to remove any details they aren't any lol....I thought they had to be signatures on it to make it legal...I will try to find a way to scan them in.

[Pinky69]

Under Section 127 (3) of the CCA 1974, any agreement doesn't need the creditor's signature but it does need yours.

[sam614]

No i don't have a digital camera...but i wouldn't have to remove any details they aren't any lol....I thought they had to be signatures on it to make it legal...I will try to find a way to scan them in.

 

no signature?

has it got your name or address or anything to prove it is yours at all?

 

sam:plowell detester

[cerberusalert]

Have they by any chance omitted any other minor details such as credit limit, repayment terms & percentage rates and cancellation rights?

[Shawn0109]

What was the debt originally for Credit Card Loan Catalouge? If your signature isnt on it then it is unenforceable in my eyes like cerberusalert has said above is there anything else missing are the pescribed terms and conditions there if not then it's a big no no also.

[Flagg913]

To answer all your question and thanks for all the replys.... On the 1st page it says it's for an aqua mastercard...It says the Cardholder's full name..this is all in printed form... On the 2nd page it says under aheading PARTIES it says the parties to this agreement are Halifax and then my name all printed Then finally on one of the pages it says your signature..but that's blank. credit limit terms (not sure), repayment terms (No) percentage rates (yes they all say N/A) cancellation rights (yes) It does have a bit where it says The total charge for credit is £206.69 consisting of £196.69 interest....Thisis based on credit of £1.500 being borrowed at the start of the agreement and repaid in monthly installements....sound more like a loan tome lol. On tuesday a friend of mine is going to try uploading via digitalcamera...so hope that works then you can take a better look. Thanks for all the help

[Flagg913]

What was the debt originally for Credit Card Loan Catalouge? If your signature isnt on it then it is unenforceable in my eyes like cerberusalert has said above is there anything else missing are the pescribed terms and conditions there if not then it's a big no no also.

 

Just to answer this question...It says it's for an Aqua mastercard...but that aside i have no idea what's it's for as i've never had any dealing with Aqua or Halifax...I have only ever had three credit cards in my life, a marbles, a littlewoods and a captial one card.

[cerberusalert]

By the sound of things they've sent someone elses CCA. Fire this back at them;

 

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. The correspondence you have 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. It 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 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

 

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.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

[Flagg913]

Just a little update...Lowells rang me today, i told them the contract they sent wasn't signed, They said ok we'll put your account on hold and ask halifax to send us a signed contract.

[sam614]

Just a little update...Lowells rang me today, i told them the contract they sent wasn't signed, They said ok we'll put your account on hold and ask halifax to send us a signed contract.

 

 

PMS how many do they think you signed.

they will be ringing again,saying we need a sample signature to proceed with your request.

muppets:D

[Flagg913]

This is the CCA lowell sent...so can someone tell me if this is enforciable i'm guessing it isn't?

 

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/Page1edit.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200004.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200005.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200007.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200008.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200009.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200010.jpg

http://i647.photobucket.com/albums/uu198/Epitaph13_2009/P4200012.jpg

[cerberusalert]

Have you sent the letter in post #10 ?

[Flagg913]

Yes i did send the letter...I got a letter back saying they was putting account on hold...so i'm guessing the CCa they sent is not enforcable, I'msending a copy to Watchdog as they also want to take a look at it.

[cerberusalert]

That's a typical response from Lowlife, you'll probably get another offering a once in a lifetime opportunity to settle the account at a massive discount, followed by another saying that they're either closing the account or sending it back to their client.