Lowell Financial Letter Received What Do I Do Next Please Help

[janice514]

HELLO FOLKS

 

hope you are all well, I have recevied this letter this morning from lowell financial here we go.

 

Thankyou for your letter concerning the above account.

 

We would advise you that the limitation act1980 section 5 is not applicable in your case and would refer you to section 29(7) of the limitation act 1980 which states a current period of limitation may be repeatedly extended under this section by further acknowledgement or payment Your last attempted payment date on this account was dated 31 march 2005 for a payment of 50.00

 

We trust this clearifies the situation and look forward to receiving your payment proposals

 

 

SUPPOSED DEBT WITH CAPITAL ONE

 

 

HEEEEEEEEEEEELP PLEASE

[janice514]

Dear Sir/Madam

 

I do not acknowledge ANY alleged debt to your company. I require you to

supply the following documentation before I will communicate further on

this matter.

 

1. You must supply me with a true and signed copy of the alleged

agreement you refer to. This is my right under your obligation to

supply a copy of the agreement under the legislation contained within

s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) -

your obligation also extends to providing a statement of account.

 

2. If this alleged debt has been sold to you, please supply me with a

signed true copy of the deed of assignment of the above referenced

agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents,

whether you are the original creditor or not under S189 of the CCA

1974.

 

4. As you are aware, a credit agreement that is not properly documented

and signed by the customer is totally unenforceable under the CCA and

therefore is a complete defence to any court claim that is issued.

 

5. Furthermore you are reminded that under s78 sub section (6) whilst

the default continues you are not entitled to enforce the agreement in

law.

I also require any notice of assignment, past or present in relation to

the above account.

 

Yours faithfully

 

think this is what i have sent to them is this correct they have not sent anything to me regarding any credit agreement

 

THIS WAS SENT 2 MAY

[dx100uk]

can you tell us what is the history of the debt please?

what is it last payment etc etc.

 

dx

[janice514]

Dear Sir/Madam

 

 

 

You have failed to respond to my legal request to supply me a true copy

of the original Consumer Credit Agreement for the above account.

 

On 2 may 2009 I made a formal request for a true signed agreement for

the alleged account under consumer credit Act 1974 s77/8. A copy of

which is enclosed for your perusal and ease of reference. I also have

an e mail receipt copy.

You have failed to comply with my request, and as such the account

entered default on 16 may 2009.

 

The document that you are obliged to send me is a true copy of the

executed agreement that contained all of the prescribed terms, all

other required terms and statutory notices and was signed by both your

company 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.

 

Furthermore

 

 

You are 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 expired.

 

As you are no doubt aware section 77(6) 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.

 

As you have Failed to comply with a lawful request for a true, signed

copy of the said 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 constitutes

unlawful harassment.

 

Please note you may also consider this letter as a statutory notice

under section 10 of the Data Protection Act to cease processing any

data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from

your own internal records and from my records with any credit reference

agencies.

 

Should you refuse to comply, you must within 21 days provide me with a

detailed breakdown of your reasoning behind continuing to process my

data.

 

It is not sufficient to simply state that you have a ‘legal right’; You

must outline your reasoning in this matter and state upon which

legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you

agree to remove all such data.

 

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.

 

 

I reserve the right to report your actions to any such regulatory

authorities as I see fit.

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

THEN SENT THIS ONE ON 26 MAY AND THIS IS FIRST CORRES I HAVE RECEIVED WHAT DO I DO NEXT X

[Undercover-Elsa]

Hi Janice

Have you actually ever sent anything to them stating it was Statute Barred, or are they just getting their knickers in a twist and have sent you the wrong reply template?

 

Elsa x

[janice514]

hiya there do have an old thread but cannot find it lol, it is a capital one debt from around 11 years ago, i did win bank charges on this account, and it was paid straight to the debt, I sent them all these letters over 12 months ago, and they didnt contact me for a while but now its all started up again.

 

jx

[janice514]

as far as i can see in my paper work have not sent stat barr letter, but cannot be sure to be honest get mixed up with what i have done and to which lol, mite have searching through now.

jx

[babybear39]

You need to ask lowell for proof of the 'attempted' payment in 2005.

[janice514]

if its attempted does this still class as throwing stat barr out??? i thought payment had to be sent and received.

 

what should i say baby, is there a letter templ i can send ???? just scared of wording it incorrectly lol

jx

[Undercover-Elsa]

Depending on who the account was with in 2005 ie the original creditor or lowlifes, might be worth sending a Subject Access Request to clear things up, and specifically ask for proof of that payment as BB suggests.

Regardless of that, I would send them a terse reminder that they are still in default of your CCA request and that until they comply they are prevented from requesting payment or enforcing the alleged debt in any way. Note that if they fail to observe this your next correspondence with be to the OFT.

 

Elsa x

[Undercover-Elsa]

Say..I have no knowledge of any payment, attempted or otherwise, to this alleged account on this date. May I respectfully remind you that in law the onus is upon you to prove your claims, not for me to disprove it.

[sorrylittlelot]

what the hell is an attempted payment? did they see you in the post office q or something?

[Undercover-Elsa]

what the hell is an attempted payment? did they see you in the post office q or something?

 

Or Maybe all in 1p's so they wouldn't accept it?

 

Sounds well dodgy to me..what do you think BB?

[ODC]

Lowell have form for 'inventing' mystery payments on CAPONE cards. They tried it on with me even though I was thousands of miles away at the time and had the passport stamps to prove it.

[nuke em]

You might want to send them this ( only to debt collectors/solicitors though) not to a "Principal" "creditor" though. There is another letter i have available that you could need to send to them

 

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also

[babybear39]

I've seen loads of theads where lowlife appear to fabricate payments to stop an account becoming SBd.

[sorrylittlelot]

well it is up to them to prove it is not SB not up to you to prove it is.

perhaps but them to strict proof

[Bazooka Boo]

Ah, the lowlifes "attempted" payment [problem]!!!!

 

Firstly a debt which 'IS' Statute barred (SB) can never become 'un' SB, regardless of what happens.

 

section 29(7) of the limitation act 1980 which states a current period of limitation may be repeatedly extended under this section by further acknowledgement or payment Your last attempted payment date on this account was dated 31 march 2005 for a payment of 50.00

 

Further acknowledgement, is either a payment or a written acknowledgement.

 

As lowlifes deal with unenforceable and SB debts you can pretty much be assured that they are doing the proverbial into the wind.

As has already been mentioned, it is for them to prove that you owe this debt, and for them to clarify what they think is an, "attempted" payment, either way it won't wash, report them to the OFT [email protected] for chasing a SB debt.

 

Financial Ombudsman Service

 

Consumer Direct

 

How to Complain

 

Information Commissioner's Office - ICO

 

Check your bank statements etc, and check if you did make a payment to them, if they did not receive, or indeed cash any payment from yourself, then the debt is still SB, "attempting" a payment will not nor does it restart the Limitations clock...

 

Boo:wink:

[janice514]

LETTER SENT lets just wait and see now thanks again your folks, what would i do without you all.

 

TYTYTYTYT ALL

[Undercover-Elsa]

Hi Janice,

Well done and keep us posted on what comes back.

What did you end up writing to them?

 

Elsa xx

[janice514]

i sent them the letter above, and used bits out of your post to send to them hope this is okay, j xxx thanks again now i wait lol

[janice514]

just been looking through paper work lowell sent me a letter in june telling me they couldnt get hold of any paperwork, so would be closing file for now.

 

Now a month later receiving letter asking when Im going to pay are they for real?????? dont know what to send now

 

jx

[Bazooka Boo]

Absolutely nothing!

 

Send the OFT a formal complaint, as lowlifes are under the microscope with them at the minute, and the ICO, FOS, & TS, if lowlifes send you anymore toilet paper, make sure you keep it all as evidence, including the envelope it came in, and I might just entertain them to supply me with a copy of their complaints procedure, not that they adhere to it.

[Azuma]

hey, i sent a SB letter to Lowell a few weeks ago and got the exact same letter explaining i "attempted a payment" i was confused also how someone could attempt a payment haha, losers... i've ignored all the other letters they have sent me, they have sent one recently saying "someone will be visiting my home to discuss the account" yeah, it'll be a cold day in hell before they send anyone. if they did i'd take pleasure in sending them packing.

 

i'd ignore these idiots until such point they push it too far, in which case you have grounds to fight them more

 

i agree with everyone, keep the letters as a point of reference.

 

~What i forgot to also mention was that the "attempted payment" they mentioned was also 31st March 2005 on my letter - spooky huh? haha

 

Az

[Bazooka Boo]

An "attempted" payment does not nor will it re-start the clock, they are whisltling into the wind...

 

You must report them ASAP to the OFT, the ICO, and the FOS, the sooner these clowns have their licence removed the better for all of us.

 

I know the OFT does not look into individual cases, but all complaints received are placed in a box until the licence renewal comes around again (feb) but if they receive more than 20 complaints int he same month, they investigate the company there and then...

 

 

Boo:wink: