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Mrs P V Cap One


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If this is all they have sent, then it is my understanding it is not sufficient.

 

You are entitled to receive...

 

Copy or truthful reconstruction of the agreement

Terms and conditions from both inception and at default or currently

Statement of account.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Is it fraud when a DCA tries to collect money by using a made up agreement?

Any advice folks?

 

I think if a DCA made up the agreement, then yes, it might be a bit awkward for them - you will find that they have received this information from the Original creditor. Who will then say they are allowed to reconstruct for s78 purposes. Unfortunately for them, they would not be allowed to use a pre 2007 reconstruction to obtain a judgment.

 

If you are adamant that you did not have in your possession at the time of signing the agreement, the terms and conditions that they have provided then that is what you would say if they were to issue a claim.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think if a DCA made up the agreement, then yes, it might be a bit awkward for them - you will find that they have received this information from the Original creditor. Who will then say they are allowed to reconstruct for s78 purposes. Unfortunately for them, they would not be allowed to use a pre 2007 reconstruction to obtain a judgment.

 

If you are adamant that you did not have in your possession at the time of signing the agreement, the terms and conditions that they have provided then that is what you would say if they were to issue a claim.

 

 

This "agreement" is dated 2004.

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imho no, don't tip them off

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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After lots of checking past records etc it looks like CrapOne failed to comply with Mrs P's CCA request in 2009. They did send some "current" T&C's to her but the letter has no date on! These T&C'c are not the same as the ones on the agreement sent from Lowells.

 

On a seperate letter from Aug 2009 they state "unfortunately the signature you have provided does not match the signature on our receords and under the Data Protection Act I cannot forward you any information regarding this account".

 

Should I send a Non Compliance letter to Lowell?

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good dead now

 

 

move on

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

Just so you know...

Unfortunately I received the exact same letter and two weeks later they forwarded me an application form with a demand for payment. Since then they have been chasing me hard with the last communication being a LBA.

Lowell seem to be very busy in the last six months

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  • 3 weeks later...

FROMLOWELLSRECRAP126JANTANDCONS_zps055556bd.jpg

 

Note how this differs from the CCA in post #32. This CCA is on two seperate sheets of paper, the one in posts #30 & #32 was on both sides of same sheet.

 

They've also sent two lots of T&C's which are different. There are no dates on the them.

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That's the one they send. They must have a script to follow as it appears the same correspondence is sent out to everybody hoping they frighten you into paying. Its an application form not a fully compliant enforceable credit agreement. I am sure some of the sites experts will confirm this.

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there will be little #V8 or whatever numbers on the endges of the t&cs.

 

 

see the othe cap1 thread with these version numbers in the thread title I've highlighted.

 

 

we are sure they are simply copied from old copies they now have

and your details inserted

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

there will be little #V8 or whatever numbers on the endges of the t&cs.

 

 

see the othe cap1 thread with these version numbers in the thread title I've highlighted.

 

 

we are sure they are simply copied from old copies they now have

and your details inserted

 

 

dx

 

V10# & V14# in this case.

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