Hassle from Lowells disputed debt from Littlewoods Catalogue

[nish40]

Another Bowells thread im afraid.

 

Lowells wrote to me to recover a disputed debt from Littlewoods Catalogue.

We originally disputed Littlewoods, as they had Levied Goods insurance on things we bought and it was being added on per month.

We never asked, nor wanted the insurance, but they said "we had enjoyed the benefits of insurance" so would not refund and they had sent Certificate of insurance out at the start. No certificate had been issued, and we said when first asked we did not want it. They also could not explain what benefit i had enjoyed.

I disputed it, but instead of sorting the problem, they said pay up or else.

I chose the OR ELSE.

Now Lowells have chipped in. I have pointed out to them in an email, that the Alledged Debt is in dispute due to mis-sold insurances, i want a NOA, and i want a copy of a valid signed Credit Agreement.

They wrote back in a letter, just acknowledging my request for a copy of CCA.

I gave them 12+2 days to send the required info, what would my next move be, anyone help.

Thanks

[PaulR17]

My advice would be to wait now and see what you get

[sorrylittlelot]

Aere the 12+2 days up? if so send the punks 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,

Edited February 23, 2009 by sorrylittlelot
get some nuts

[nish40]

Aere the 12+2 days up? if so send the punks 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,

Thanks. The 12 + 2 days are up in 5 days and ill send them that straight after the time is up. They made me laugh cos they say in their letter it may take a little more than the allocated time, but they aren't getting it lol

[sorrylittlelot]

yeah they tried it with me aswel, sent me 4 letters saying they were still waiting

[nish40]

Got a Reply for my CCA request from Lowells.

 

The last day is today to receive it (12+2 days), and when i got home last night from work i had a letter from Lowell Portfolio stating a reference number, and saying the account had been sold to Lowells, And that Lowell Farcial were the authorised collectors.

No CCA, and i guess this letter is my NOA.

Thing is as explained in my original post, this account was disputed with the OC which was Littlewoods Direct, as they had been adding product insurance without our prior Knowledge, for 8 months (the missuses account) she hid statements.

I have letters acknowledging the complaint from Littlewoods, but then they sell it.

I am getting a copy of her credit file as i do know someone has added adverse data, but im not sure who.

Can anyone suggest the best way to go with this please, any letters i should send? thanks. Neil

[cerberusalert]

Send Lowells this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Littlewoods and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As Littlewoods is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Littlewoods for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If youl choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[nish40]

Send Lowells this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Littlewoods and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As Littlewoods is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Littlewoods for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If youl choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Cheers thanks, ill get that off straight away.

[nish40]

True to form! had a letter of Lowlifes, stating the original CCA has been asked for but they dont have it yet, but if i pay up by 6th march, i can have a 60% discount...........WHATEVER

[sam614]

better get on phone with cc,only a few hours left.

dont they make you ache,wonder if they actually know how sad and predictable they are.

 

SAM:pLOWELL DETESTER

[Tigstheterror]

So many of these stories going around about Lowell, similar things re letters of response are happening to me, they are getting thier account in dispute one today and also i will send them the one about storing and using my data and slapping a default on my file, just in case lol, It's interesting because i also wrote off and asked if they had purchased the debt from Crapital One ( my original alleged creditor ) and they have ignored that request and just re-iterated that i can still have , oooh thanks,,, a discount until Crapital One find my CCA, which i requested 3 weeks ago!!!!! Aren't they just darlings?!!!!! ( sarcasm rules!! )

Good luck

Tigs x

[angry cat]

For your information:

 

United Kingdom, Banking and Financial, Default Charges & Unfair (Credit) Relationships: Debt Sales - Salans LLP - 04/02/2008, Banking Law, Loans, Mortgages and Leasing, Consumer, Health and Family, Consumer Credit, Consumer Law

 

AC

[nish40]

I just sent the 'bemused' letter to Lowells, and crossed in the post came a blank CCA off Littlewoods, with a letter admitting they DONT have a signed Copy. What should i do now? should i just wait see what Lowlifes come back with?? thanks

[sploits]

Ooohhh they dont have a signed CCA. Me thinks they are up a certain creek with out a paddle

[silverfox1961]

morning,

Keep that letter safe, make a copy and send it off to the Leeds Losers with a strong bog off. If they want to get stroppy, invite them to take you to court.

While no agreement exists, they can do sweet fanny adams

[nish40]

morning,

Keep that letter safe, make a copy and send it off to the Leeds Losers with a strong bog off. If they want to get stroppy, invite them to take you to court.

While no agreement exists, they can do sweet fanny adams

Mornin, cheers, ill do that.

Starting to like this, mind you better hadn't tell the missus she will get a couple more catalogues