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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi all

 

I am a newbie to the site and came across it by googling "Lowell Group". My, my arent this company just lovely.....found several posts relating to the company and their tactics!! They are very "popular" with Watchdog I see!

 

My story is quite similar to others......in January this year I recieved a letter from Lowells stating an outstanding debt I allegedly have for £300 from Capital One.

 

I first of all strongly denied this was to do with me....and that I had NEVER had a card from Capital One.

 

It slowly dawned on me however that in 2004 in desperation i MAY have had a balance transfer to Capital One from an existing card...i know i know!bad move...but at the time I was young, naeive and desperate to solve outstanding debt issues.

 

I can honestly not remember however if i definetely did do this and I am normally on the ball with financial issues. To cut a long story short I requested statements to confirm. A rather rude advisor on the phone said this would take six weeks...which is fine...but I am still waiting.

 

I recieved a letter from them through the post about a month ago saying my query is being looked into and THAT I DO NOT NEED TO CONTACT THEM AGAIN whilst it was being investigated.

 

Heard nothing since then tonight I see I have a missed call on my mobile from them. Now, of course, that could be about anything. I am quite prepared to make an agreement of payment if it is relating to a balance transfer. I will answer if they call again and if it is for a chase up of payments please advise me where I stand at the moment? Surely statements have to be sent as agreed first?

 

Thanks in advance for your help. Great site..keep up the good work!

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have you sent a cca request to them?

printer must have been on the blink if they need 6 wks:rolleyes:

have they proved that you owe this debt,and they are entitled to collect on it.

 

above all stay off the phone.allways.get everything in writting from these losers.

everything but print can and will be denied.

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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Hi both. Thanks for your reply.

 

I definetely will not answer the phone yet. I am still waiting on statements and I am not prepared, obvioulsy, to make any payments unless it is proved the outsanding balance is a transfer from another card. I certanily never used a Capital One card to purchase ANYTHING.

 

Should i just "sit pretty" till I hear further? I am new to the site, so forgive me, dont know about the letter you refer to? I guess there is info about it on the site...and Ill look later.

 

Thanks again!

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Sorry, meant to write will not answer the phone at ALL!!!!!!!!!!!

 

 

would answer your phone if it rings :lol:

just not to these ars*s

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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Will move your thread into DCA forums

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have you moved home in the intervening period? If not, it would be surprising - and out of order - if they haven't tried to contact you earlier. If Lowells have been assigned (ie. bought) the alleged debt, they should have informed you with a Notice of Assignment. You should also have received a Default Notice from the original creditor.

 

But if you have moved... they've obviously found you!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hi, What you will need to do is to send letter N from our Templates library - this is called a CCA request - it asks Lowells (or whichever DCA) to confirm that the original signed Agrement actually exists. This document is required in Court to prove that you are liable for this debt, and the Notice of Assignment is required to prove that the DCA (Lowellls) have been assigned the legal right to collect the alleged debt from you.

 

In the majority of cases Capital One Agreements are as rare as hens' teeth, and that is that as far as your legal liability to pay. The debt still exists, but is classed as unenforceable and you cannot be forced to make any further payments.

 

You need to send the letter together with a postal order for £1 by Recorded Delivery. Do not sign the letter. They have 12 + 2 working days to produce the document and then the alleged account is classed as unenforceable.

 

Hope this clarifies things for you.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi Folks.

 

Thanks so much for your advice. Really appreciate it. They have tried to ring me again but I ignored it.

 

I will get this letter sorted out today.

 

Many thanks again

 

Jon

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So they should have recieved the letter today all being well. Ironically when I got home on Friday they had sent me ANOTHER letter saying they hadnt heard from me!!! They added they would take "further action" to clear the debt. Clownells eh! I guess I just sit and wait

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my guess would be a scary bowel jerker from hamptons:rolleyes:

ignore again till ms swallow trots out the retrieving from archives letter.

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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  • 4 weeks later...

Hi All

 

Well, I sent the letter and I think it kicked their ass into gear..to an extent!

 

They sent my statements through and they arrived on the 9th June whilst I was away. It was correct, a balance transfer..so I take responsibility for that..thats fine just aslong as i was sure. I posted back a letter which they should have received by June 16th at the latest making a monthly offer from July. However, I have not recieved any reply or phonecall!!!! I know it hasnt been that long but I want the agreement in writing and I am wondering what your advice would be please now? Is there a law where they have to acknowledge WRITTEN acceptance of my offer and/or payment plan? Any suggestions?

 

Thanks in advance.

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As advised by previous people on this thread i would send them a CCA request to see if they have an original agreement from Capital One. Here is the letter you need, edit to suit, Do Not Sign and send Recorded Delivery.

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) 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.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

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 postal order 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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

:cool::cool: Blondmusic :cool::cool:
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Hi Again. Sorry I am a bit confused by that reply Blondmusic. Do you mean that even though they sent my statements through and that I have acknowledged the debt is mine (and made a payment plan offer), I should still chase up the original agreement?

 

It just unsettles me that they have not sent anything in writing to accept (or not) my payment offer and a confirmation letter with dates when payments should be recieved have not been sent. I was due to make my first payment on July 7th.

 

Thanks again

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Hi Again. Sorry I am a bit confused by that reply Blondmusic. Do you mean that even though they sent my statements through and that I have acknowledged the debt is mine (and made a payment plan offer), I should still chase up the original agreement?

did you send this recorded?and know it was recieved?

It just unsettles me that they have not sent anything in writing to accept (or not) my payment offer and a confirmation letter with dates when payments should be recieved have not been sent. I was due to make my first payment on July 7th.

 

Thanks again

you can request your cca at any time.

they will not be able to get one from crapital:)

 

if you wish to clear it.

 

 

are you statisfied that it is your debt

except the amount claimed

lowlifes have the right to collect payment?

 

 

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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Thanks for your reply. Yes I did sent it recorded delivery and know that it has been recieved.

 

I hear what youre saying about these bloody lowlife agencies..but surely I would have no choice now would i? What happened is that the card was NEVER USED (Confirmed by statements sent) but a percentage from another card was taken i.e balance transfer back in 03 when I was desperate and without much knowledge!! They didnt take the WHOLE balance from the original card because of the credit limit. So i ended up with two bloody cards when I wanted it alltransferred to "Crapital" (like that!). But i was young and naeive;)

 

Should I have continued to deny the debt was mine do you think? Is there another way of paying it off without Lowells? Should I email them or write again to demand them to put the payment offer IN WRITING?

 

Thanks again

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would still send cca request.

very much doubt they will get it.

 

should nudge them to either accept your offer that they have ignored

or offer reductions when they can not get it.

 

you mention transfer in 2003.when was your last payment made.

 

you will have to deal with lowell,if they have brought it.

 

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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Subscribing...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Ok. Ive had two really strange letters. One seemed very pointless and was headed "Statement Of Account" under a Lowells letterhead - just telling me the balance again???!!

 

The next one came the following day and said they were awaiting on details of the credit agreement and would not contact me again till they have sent it but then would expect payment IN FULL!!! But it is well over 14 days...sent the first letter on the 6th June.

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Write informing them thet the alleged account is in dispute.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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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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  • 4 weeks later...

I now have recieved a letter stating that the credit agreement cannot be found (surprise!surprise!) and that they will no longer be contacting me at this time. They have also sent me a letter confirming that they have accepted my payment plan of an offer I originally put in!!!! Left and righ hand springs to mind! I guess i can just ignore the original payment offer i put in...it wont come back at bite me I hope.....

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