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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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littlefatbudha

Reply from Lowells (shop direct)

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Hi ,have just had ist reply to CCA,which was posted to them on the 03/07/2009.

Why did Lowells reply and not Hamptons who it was sent to,also i thought these DCA's were ment to have all the information before they chased any debt,just to make sure it is LEGAL

IMG.jpg

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Hi,

 

First off the pic is too small to read, you need to use photobucket or similar.

 

You have received a letter from Lowells as they and Hamptons and also Red are in the same building, if not the same office.

 

Regards

 

David

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That is a standard issue reply, just sit back and wait, 12+2 working days.

 

Regards

 

David

  • Haha 1

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Lowells, Red and Hampton are all desks in the same office and they are all part of the Lowell Group. Just wait and see what they come up with now. Thats if they come up with anything at all. If you have not received anything after 12+2 working days then you can put the Account In Dispute.

  • Haha 1

:cool::cool: Blondmusic :cool::cool:

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Do I spy yet another samantha spouting the same crap.

 

must have been trained by ms swallow.

 

12+2 hun end of.

 

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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Do I spy yet another samantha spouting the same crap.

 

Unless it's the same one & someone has made an 'honest woman' of her. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Unless it's the same one & someone has made an 'honest woman' of her. :rolleyes:

 

maybe.if it is she has been demoted :lol:

 

SAM:pLOWELL DETESTER

  • Haha 1

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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Have just received further letter from lowells, RE; Shop Direct.

The original CCA was sent on 3rd July 2009, they have had plenty of time to get CCA from Shop Direct but still nothing ?????????????????

What next,thanks.Steve

IMG lowell upload.pdf

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Have just received further letter from Lowell's, RE; Shop Direct.

The original CCA was sent on 3rd July 2009, they have had plenty of time to get CCA from Shop Direct but still nothing ?????????????????

What next,thanks.Steve

 

 

Just sit back and wait .... I wouldn't be surprised if the next letter you get will be Lowell closing the file and sending it back to Shop Direct

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Hi all, just an update, sent account in dispute letter 1st recorded on 23 July 2009.

Have today ( 03 August 2009 ) received this letter from Lowells, dated 30 July 2009.

Wheres my CCA, they should of had it when they got the debt, otherwise how would they now that the debt was legal, as required. Am i right in saying this ?

lowell 3 8 2009.pdf

Edited by littlefatbudha

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If just collecting on behalf of a client, they just demand payment as requested & don't ask any questions.

 

If they have bought a debt, they just demand payment and generally try to ignore any questions.

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Hi all, just an update, sent account in dispute letter 1st recorded on 23 July 2009.

Have today ( 03 August 2009 ) received this letter from Lowells, dated 30 July 2009.

Wheres my CCA, they should of had it when they got the debt, otherwise how would they now that the debt was legal,they dont get the paperwork as they buy in bulk and just get the basic details,they hope that they will be payed without question.and they do not no or care what is legal they want their vast profit. as required. Am i right in saying this ?

 

 

remove your balance from the letter;)

 

ms barnard seems to be trying a new tact.

instead of the miss conception passed on to her by ms swallow that they have a further 30 days.

 

by updates they mean further letters saying that they are still trying to retrieve from archives.:D:D:D

BUT I

bet a pound to a penny the next update will include.

"to resolve to our mutual benefit we are delighted to offer a once in a lifetime wonderfull offer of 50% f&f.

 

or the latest con of bid to buy back your account:rolleyes:

 

either way STILL not stopping collection on a disputed debt

 

wait for either fantastic offer and forward it to OFT.

 

SAM

  • Haha 1

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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No it will be the new trick of asking you to Bid on your debt

 

Probably need some funds to pay all their staff to get their names changed by deed poll


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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No it will be the new trick of asking you to Bid on your debt

 

Probably need some funds to pay all their staff to get their names changed by deed poll

 

:D:D

yep maybe swallow is going to swift

or sam seagull

 

SAM


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 all, have just received letter from my Kays account which is being dealt with by Credit Account Managers.

The stamp on the envelope is Bolton, so i guess shop direct sent it.

Also is there a letter i can send now ,asking for my default to be removed and for them to remove all information from Experian

Thanks.Steve

 

kays_0001.jpg

 

 

kays_0002.jpg

 

 

kays_0003.jpg

Edited by littlefatbudha

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Also would somebody please advise me, lowells have not Sent CCa or any thing apart from one letter received on 3 August, 7 days after receiving account in dispute letter,( saying they have 12 days to respond ).

Anyway what i would like to know is, on the letter of dispute it states that if they refuse to comply on ceasing and removing any data held about myself or disputed account they should provide a detailed breakdown on their reasoning why they should continue processing my data, it is now about 25 days since letter sent to them.

Can i make them remove the data with the CRA's due to them not complying at all.

Thanks.Steve

Edited by littlefatbudha

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Also would somebody please advise me, lowells have not Sent CCa or any thing apart from one letter received on 3 August, 7 days after receiving account in dispute letter,( saying they have 12 days to respond ).

Anyway what i would like to know is, on the letter of dispute it states that if they refuse to comply on ceasing and removing any data held about myself or disputed account they should provide a detailed breakdown on their reasoning why they should continue processing my data, it is now about 25 days since letter sent to them.

Can i make them remove the data with the CRA's due to them not complying at all.

Thanks.Steve

 

Hope you dont mind Budah, not trying to crash your thread

 

Just bumping this up, if anyone could advise then it would also help me with the same question.

 

Middxx

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What they have supplied is not a true copy of an executed agreement. An executed agreement is one that has been signed by the creditor and debtor.

 

They do not have to supply a copy with signatures on, but it has to be a copy of the document that you signed. Currently, creditors are up to their necks in CCA requests and they are finding out that they have not kept the signed agreements or ther are archived underground in a salt mine! They are trying to send any old tat out, insisting that it complies. It does not.

 

Respond to Home direct with:

 

xxxxxx 2009.

 

Dear xxxxxxxxx,

 

ACCOUNT IN DISPUTE

 

Re account no xxxxxxxxxxxxxxxxxxxxxxxxxxx

 

I write regarding recent communication regarding the above account.

 

Further to my request under the above act, your attention is drawn to the fact that this account is now subject to a serious dispute. On xxxxxxxx, by recorded delivery, I requested that you supply me a copy of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78, a copy of this request is enclosed. To date you have failed to comply with my request, instead supplying a blank application form. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. I have to date only received terms and conditions from yourselves.

 

Contrary to your assertion, xxxxxxxx have not complied with the terms of CCA 1974 s78. The documents that you have supplied, do not comply with your duties to supply a “True Copy” of any agreement you claim to have been signed by me.

 

In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.

 

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

 

 

I also refer you to the information below.

 

1. A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

 

 

2. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

2. The need for prescribed terms to be contained in the credit agreement is confirmed by the Author of the CCA1974 act, I quote ““As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97.

 

 

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.”

 

 

I am now granting to you a further 7 days to produce a copy of an executableagreement.After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt.If you are insisting that the non enforceable document, that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.

 

I look forward to your response.

 

Copy this to the DCA.

 

Theoretically, if they have no signature to agree to your information being processed, then they should not process it. However, this is very dificult to remove, once posted with a CRA. It can be done, but usually involves taking them to court. Cross that bridge later.

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thanks for the letter Vint ,will get this posted off in the morning thanks.

Also i have added a link on here regarding a credit agreement sent by Moorcroft, for Halifax one visa card, any ideas anyone if it is enforceable,it was opened in 2005, many thanks.Steve

Hi , received reply from Moorcroft for Halifax credit card

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thanks for the letter Vint ,will get this posted off in the morning thanks.

Also i have added a link on here regarding a credit agreement sent by Moorcroft, for Halifax one visa card, any ideas anyone if it is enforceable,it was opened in 2005, many thanks.Steve

Hi , received reply from Moorcroft for Halifax credit card

If the 2 pages are part of the same document, It looks enforcable to me. Have they sent a default notice or terminated the account yet?

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