Lowell

[chilli_bird]

Hi my partner requested a copy of his credit agreement after Lowell contated him for a credit card he had with captial one. The agreement was from an address over 9 years ago and he has not used the card since he moved out of that address. Nor has he been contacted by Capital one or Lowell since the move.

please can you help. is this debt still active or or not.

[cerberusalert]

If no payment or written acknowledgement has been made for a period of six years it will be Statute Barred so send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred It is up to Lowells to prove otherwise.

[sam614]

million dollar question.

did he actually get the 9 year old cca from crapital one:eek:

 

SAM:pLOWELL DETESTER

[chilli_bird]

well it is not dated. and it is his signature. how can i tell

[PGH7447]

but does it say application form, bet it does

 

anyway its probably stat barred tell them to crawl back under the stone they came from

[sam614]

how the hell have the losers managed to get a cca that old,and from cap one to boot.

 

can you post this?

[chilli_bird]

sure i can scan it in. how do i post it

[havinastella]

upload to photobucket and link it back here.

 

It may have a signature, but no way in hell is it a valid CCA

 

JOgs

[chilli_bird]

i have attached it

[cerberusalert]

Its too small, If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

Left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[sam614]

I see the large YES give away of application form:D

 

SAM

[chilli_bird]

[chilli_bird]

can you see the scanned image. shall i still send the letter

[cerberusalert]

You'll have to upload it to tinypic, follow the instructions in post # 10

[chilli_bird]

done

Edited July 15, 2009 by chilli_bird
remove name

[cerberusalert]

Totally unenforceable, send them this;

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[chilli_bird]

thanks, i have copied and pasted this letter and will have it sent out tomorrow/friday.

The cover letter from Lowell says that they enclose a copy of my original credit agreement with cap 1.

 

there was some additional pages inc which look like print off's of T&C's.

 

sorry guys and girls. did not think they were important coz they were printer print off's.

do not want to waste your time, just looking for some help which is much appreciated.

[havinastella]

REMOVE YOUR NAME AND ADDRESS AND PHONE NUMBER NOW!

 

Jogs

[chilli_bird]

thats a very old address but ok i will re post

[havinastella]

Well thats ok then

 

But you should remove your name!

 

JOgs

[chilli_bird]

cheers, i am doing it now and re posting. thanks for your help

[chilli_bird]

[sam614]

2 out of 10 for trying

10 out of 10 for stupidity.

 

SAM

[maroondevo52]

Chilli bird,

 

You were nearly Zapped there

[chilli_bird]

I do not follow or am i still being stupid:confused: