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

[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

[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

[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

[janice514]

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

 

TYTYTYTYT ALL

[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

[janice514]

hello again folks been up half the night looking through paperwork. my last payment date was 2001 so its deffo stat barred gonna go to ico and oft today and report them, surely this is illegal, they are lying to get innocent people to pay, how many people would just pay for an easy life.

 

ITS NOT FAIR

 

OFT HERE I COME

[janice514]

PS

 

i did win a bank charges claim with them last year and they took it off the debt??? is this correct as was stat barred then, shouldnt they have sent this straight to me, thats not fair either.

 

feel more confident today, some days you just lose hope dont ya, but got fighting talk today lol

 

 

jx

[janice514]

oft done reported reported reported keep up the good fight folks

 

jx and a big ty

[janice514]

well this morning i have received a so called credit agreement I am going to photograph it in a short while and post it up, think they have rigged it, they are ignoring completely my stat barr letter and making up all sorts of payments now, what should i do

 

jx

[janice514]

hiya again right the credit agreement received is alot on printed bumf but on the bottom this is dated 20 01 04 on bottom yet the bit i have received is dated 2000 the last payment received by capital one is 2002/ apart from charges forwarded but thats not me making payment is it.

 

jx trying to get this pic to work

[janice514]

do you think its okay to call capital one to clarify this payment stuff, do you its deffo stat barred 100 percent. how can i stop this dead now

 

jx

[janice514]

here is a letter to send em what do you think of this

 

Dear Sir/Madam

 

I am writing regarding a stat barred account, that you keep writting to me regarding, you have now send me a credit agreement which for one is not my signature, and the paperwork you have sent is dated on the bottom of the sheets 2004, yet the signature is 2000, how can this be.

 

I have spoken to capital one, and have received all payment history, to this effect and can confirm this account was stat barred a long time ago.

I have now contacted the OFT/ICO and advised them regarding letters you have sent ie making up payment dates regarding /attempted payment, which is an incorrect date regarding this account.

I can confirm the above authoritys will be in touch in due course to investigatge the situation.

[janice514]

i love it thanks so much/ been outside with kids all day so didnt have time to look till now, its typed and sent already, thanks again xxxxxxxxxxxxx I will sleep tonight, i was saying to my husband this is like a boxing fight this isnt it, I keep throwing a punch feeling great then getting knocked back down lol, but as long as i keep getting back up and fighting.

 

 

ty all let you know the outcome

xxxxx

[janice514]

just been looking at paperwork when i looked at date 31 march 2005 for a payment of 50.00/ lowell did not even own the debt then, i have a letter advising me the date sold to lowell was 07/09/2006??? where do they get dates from

[janice514]

i have just checked my credit file and am fuming lowell have entered default on my credit file/ had no agreement they have told me cant get it/ yet now mess up my file

 

help what should i do

 

jx

[janice514]

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

 

Received this letter again this morning fuming they are not taking it that its stat barr they have also regisistered a default on my credit file I am abolutely fuming.

 

They have sent me a credit agreement well an excuse for one and below is stuff off credit file i have does this mean it will disappear off my file soon.

 

StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceDefaulted£ 027/01/2008 10/03 15/10/2003

[janice514]

they have also got credit file as hire purchase/ never had hire purchase in my life.

 

jx letter states attempted payment 31 march 2005????? what are they up to at all

[janice514]

they have also got credit file as hire purchase/ never had hire purchase in my life.

 

jx letter states attempted payment 31 march 2005????? what are they up to at all

 

 

IS THIS CORRECT DUE OFF MY CREDIT FILE IN OCTOBER THIS YEAR DOES THIS MEAN THEY CAN STILL HARRASS ME TO DEATH LOL XX AFTER ITS REMOVED

[janice514]

shall i just ignore the letter or shall i reply tried it before and keep getting this same letter back, checked on credit file no payment received since 2003 so stat barred for deffo apart from bank charges being paid to them direct from cahoot in 2007 but that wasnt from me??

 

jx

[janice514]

working on my credit file, what should i do it is due to drop off anytime i think anyways??

[janice514]

but i didnt pay the money to them capital one did/ they havent mentioned anything about that/ i never asked capital one to send them the money in theory they should have sent the money to me???? so in theory i havent paid them a bean??? unsure now what to do

 

please help