Lowells and their 42 days for complying with CCA request

[spitfire650]

I sent a request for a copy of the CCA to Lowells. Like other site visitors I received the usual crap from Ms Swallow advising they had an extra 30 days to provide a copy of the original agreement.

 

I took this up with their "compliance department" and received the following response.

 

Under Section78(1) upon receipt of a request for information in writing and payment of the prescribed fee of £1.00 any Creditors are required to provide a copy of the executed agreement (if any) together with a statement as to (i) the current state of the account, (ii) the amount, if any, that is currently payable, (iii) dates any future payments are due for payment if any further draw down credit is due against the account.

 

The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 provides that any such information following receipt of any such request is to be complied with within 12 working days. If that fails to happen then the Creditor has a further 30 days to comply with the request failing which the Creditor is deemed to be in default of such a request. Section 78(6)(a) of the Act states that where a Creditor is in default of such a request they are not entitled to enforce the agreement while the defaults continues. Section 78(6)(b) relating to the Creditor committing a criminal offence by failing to respond within the prescribed time limits to a request was revoked and are not current law in accordance with the terms of The Consumer Protection from Unfair Trading Regulation 2008 that came into as law on 26 May 2008.

 

I couldn't find any reference to the extra 30 days in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983.

 

Needless to say they didn't produce anything after 12 or 42 days and refused my request to refund the £1.00 fee ...

[sam614]

absolute cr*p.yet again.

ms swallow will not be told.

 

did you put indispute when their 12+2 was up?

 

and have they now closed your file?

 

SAM:pLOWELL DETESTER

[spitfire650]

Thanks Sam, that was my initial thought too.

 

The response I quoted wasn't actually from Ms Swallow, but someone called "Bob Collins - Director of Compliance" who doesn't sound any smarter than her.

 

He also informed me that the account was statute barred and they would be closing their file.

[sam614]

well done.

 

bet they knew it was statute anyway;)

 

lets hope they are not stupid enough to pass on.

 

SAM:pLOWELL DETESTER

[sam614]

InsideARM: Executive Change: Lowell Group Appoints Bob Collins Director of Compliance

 

SAM:pLOWELL DETESTER

[cerberusalert]

As usual Lowell have got it wrong & they have been reminded time and time again. They are referring to part of the CCA 1974 which was removed from the Act in May 2008 in which they commit an offence if they fail to provide a true copy of the CCA within 30 days after the initial 12 working days allowed.

 

Obviously they are incapable/unwilling to understand the basic requirements of the Act so in my opinion are unfit to even be licenced. Further to the fact above they are in breach of OFT guidelines by using deceptive collection methods by misinforming you of the leglislation so a complaint to the OFT would be in order.

[sam614]

do e-mail her each week and point it out.

 

she does not love me any more dont get a reply now,maybe she cant read or understand.

 

have to e-mail bob:D

 

do as cerberus says report to oft.

they should not have a licence.

 

SAM:pLOWELL DETESTER

[spitfire650]

I'll definitely be writing to the OFT next week - these people are parasites pure and simple IMO. You'd think the government would take action to curb their deceptive business practices.

[cerberusalert]

I would love to see the file the OFT have on Lowell & co to date, or should that be a whole library? The amount of complaints they have received because of their activities and ineptitude, breaches of OFT guidelines, CCA leglislation, data-protection yet they are still allowed to continue plying their dubious trade.

[spitfire650]

I am wondering if contacting my M.P. would achieve anything.

[sam614]

since feb 09

 

stoke on trent TS have recieved 65 complaints forwarded from consumer direct

 

59 of these in relation to lowell/red/hampton threats

 

intend to ask my MP how many complaints are needed,thinks its been proved beyond a doubt that they should not be allowed to continue.

 

have contacted watchdog yesterday,asking for a follow up program.

 

SAM:pLOWELL DETESTER

[spitfire650]

Totally with you on this Sam - its a total disgrace that Lowell are allowed to operate the way they do. They are deliberately seeking to obtain money by deception on a daily basis and should be stopped.

 

With TS don't you have to contact your local office as opposed to where Lowell are operating from? I am going to ring mine on Monday. Working on a complaint to the OFT this weekend as well.

 

Do you think there is any benefit in complaining to the FOS as well?

[cerberusalert]

TS pass complaints to the office nearest to Lowlifes who in turn pass it on to the OFT, you can cut out the middleman and complain direct to the OFT;

[email protected]

[sam614]

RING 01133848848 leeds consumer direct and they give you a reference number;)

 

they then forward your complaint to west yorkshire TS

 

and your local TS they then contact you for more details.

 

FOS 02079641000

 

will tell you to try and resolve with lowlifes first.

and get back if you are not satisfied with final response.

 

 

SAM:pLOWELL DETESTER

[angry cat]

since feb 09

 

stoke on trent TS have recieved 65 complaints forwarded from consumer direct

 

59 of these in relation to lowell/red/hampton threats

 

intend to ask my MP how many complaints are needed,thinks its been proved beyond a doubt that they should not be allowed to continue.

 

have contacted watchdog yesterday,asking for a follow up program.

 

SAM:pLOWELL DETESTER

 

SAM,

Where did you get the information from re: the complaints received by Stoke on trent TS?

 

AC

[sam614]

trading standards officer is helping me to get a detailed account of the amount of people

affected by lowell in stoke area.

 

cant say what im up to just yet;)

 

SAM:pLOWELL DETESTER

[angry cat]

Thanks Sam,

I only asked because when I tried to obtain similar information regarding Link Financial from Lambeth TS, they would not provide the information about the number of complaints that had been made!

 

Good Luck to you from another who loathes Lowell.

 

AC

[sam614]

Spitfire650

 

:d:d

 

 

Sam

Edited September 6, 2009 by sam614