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CCA Request - Lowell


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Here is my CCA Request for Lowell. Will keep you updated.

 

27 February 2009

 

Lowell Financial

PO Box 172

Leeds

LS11 9WS

 

BY RECORDED DELIVERY.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Dear Sir/Madam

 

Re: Ref No. REMOVED

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Yours Faithfully

 

Andy Manx

Edited by andymanx

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Just checked the Royal Mail website and they have received my letter on 28 Feb.

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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I haven't received a reply to my CCA Request yet but I have received the below letter from the Leeds Losers accusing me of being in arrears from last month.

 

lowellarrearsletter1wit.jpg

 

Here is my proposed letter to them. Your comments please.

 

 

5 March 2009

Lowell Financial

PO Box 172

Leeds

LS11 9WS

 

BY RECORDED DELIVERY.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Dear Sir/Madam

 

Re: Ref No. REMOVED

 

With regard to your "bully boy" letter dated 25 February 2009, I would inform you that my disputed account is NOT in arrears, which you confirmed to me via telephone in the past fortnight, when I was querying your previous arrears accusation letter.

 

As previously stated, I made a payment to you of £4.00, via Standing Order on 2 February 2009.

 

I therefore suggest that you get your house in order and open your eyes and check your files before bothering me again.

 

I would also advise you that I will NOT be making any further payments on this disputed account, until you have provided me with a copy of the Credit Agreement relating to the disputed debt, as requested in my previous letter to you dated 27 February 2009 (a copy of which is enclosed).

 

You have got until 13 March 2009 to comply with my request.

 

Yours Faithfully

 

Andy Manx

Edited by andymanx

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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However much I would love to tell you to send that letter, I would suggest refraining for now - this is just typical of Lowells. They are well aware of their obligations to provide you with the CCA as requested and are, as you said, using bully boy techniques into making you pay.

 

File it under ignore and wait until the deadline passes until you send Lowlifes the dispute letter ;)

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thanks hon. Will hold fire.

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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  • 2 weeks later...

Here is LOW-ell's reply to my CCA Request:

 

lowellletter1screenshotf.jpg

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Standard stuff......

 

You will probably get another letter after the time is up to say they are still looking :rolleyes:

 

Once their time is up, send that dispute letter I posted elsewhere for you.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thanks hon. Ive just started to draft up the letters ready for the 19 March. Oh Happy Birthday! :p

Edited by andymanx

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Edited

Edited by andymanx

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Thanks hon. Ive just started to draft up the letters ready for the 19 March. Oh happy birthday! :p

 

Hehehe - thought I would change your quote to what you really meant to say :p

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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The next two letters you get from the Leeds Losers will be 'Pnce in a Lifetime' offers of 60% discount if you pay them within two days.

 

These are usually followed by the Lowells 'We are unable to produce the CCA letters'

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Hehehe - thought I would change your quote to what you really meant to say :p

Thats what it does say lol. :p

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

Link to post
Share on other sites
Thats what it does say lol. :p

 

Cheat :eek::p

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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S10 letter sent:

 

Date: 21 March 2009

Your Ref No:

By Recorded Delivery

 

Dear Sir/Madam

 

LEGAL NOTICE UNDER THE DATA PROTECTION ACT 1980

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980.

 

I demand that you cease processing of my Data by any means whether written or electronically, with third party, individuals and organisations. In addition to processing, this also means passing, amending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage. Specifically because;

 

My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files.

 

That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

That matters in relation to adverse data you have entered onto my credit files are currently in dispute.

 

That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services

 

That as a Data Controller/Compliance Officer, you have a responsibility under the Data Protection Act to observe all principles set out therein, within the act.

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

 

You have until 6 April 2009 to forward this to me in writing.

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the Court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local County Court on notice to force compliance, together with costs and compensation.

 

I look forward to hearing from you within the prescribed timescale.

 

Yours Faithfully

 

 

Default letter sent:

 

Date: 21 March 2009

Your Ref No:

By Recorded Delivery

 

Dear Sir/Madam

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Thank you for your letter dated 2 March 2009, the contents of which have been noted.

 

Please note my new address, as above.

 

On 27 February 2009, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of 19 March 2009.

 

The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor 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 as proof of ownership of said account.

 

Please note the following:

 

I have made you 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 now expired.

 

Section 77(6), of the Consumer Credit Act 1974 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.”

 

Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit 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 that constitutes unlawful harassment.

 

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.

 

▪ You must remove information logged with any agency which you claim you assert the rights to.

 

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 by andymanx

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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my moneys on sam swallow trying to get you to swallow the next crap letter saying they have a further 30 days:rolleyes:

SAM:pLOWELL DETESTER

CLICK EM IF YOU LIKE WHAT I SAY

IF NOT CLICK EM ANYWAY AS I ONLY HAVE ONE LONELY BLOB

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Letter received from LOW-ell.

 

12marchreplyt.jpg

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Share on other sites

so they were looking for it on 4th

still looking on 12th:)

still be looking next mothers day for a crap one cca:rolleyes:

no f&f offer yet lol:D

game over me thinks

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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All standard replies from Lowell ....... get ready for the once in a lifetime discount offer!!!! and then the letter informing you that they are unable to locate the agreement.

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so they were looking for it on 4th

still looking on 12th:)

still be looking next mothers day for a crap one cca:rolleyes:

no f&f offer yet lol:D

game over me thinks

SAM:pLOWELL DETESTER

They will be looking for it until the cows come home lol. :D

 

I loved the part when it said "when we find it, you will have to pay the full amount" YEAH RIGHT! They can go and whistle because I havnt got the full amount lol.

Edited by andymanx

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

Link to post
Share on other sites

Don't forget they may start legal proceedings as well........idiots. That's why they are fondly known as the Leeds Losers :D

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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All standard replies from Lowell ....... get ready for the once in a lifetime discount offer!!!! and then the letter informing you that they are unable to locate the agreement.

Cant wait lol.

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Hi Clemma, how's my honey doing today? :D

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

Link to post
Share on other sites
Don't forget they may start legal proceedings as well........idiots. That's why they are fondly known as the Leeds Losers :D

 

bet you are really sweating lol,you are all of £1.90P

over the bankrupcy threshold:roll:

 

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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bet you are really sweating lol,you are all of £1.90P

over the bankrupcy threshold:roll:

 

SAM:pLOWELL DETESTER

lol

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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