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Kirksson

Another Lowell story...

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Hi everyone, new to the site but been visiting for a while, and i thought it time for me to post and hopefully get a little help...

 

About 7 years ago i took a loan out with Lloyds TSB for £2000, wich a started paying back without fail, however due to unforseen circumstances i lost my job and therefore the ability to pay towards the debt.

Lloyds immediatly sold the debt to Lowell.

Now being young and not very world wise, when the letter came i started to panic, i didnt know what to do, i had no one to turn to and so i bowed over when they forced me to pay money from my unemployment benefit.

 

I then moved 300 miles south to start a new life (in one aspect trying to run away from lowell).

 

5 years later they found me and hounded me to pay the debt again, i told them i was still in no position to pay the amount in full and proposed installments from £5 a week, they declined this and pushed for more money which they got for a short time, upon which i stopped paying as the were demending more and more money each time i payed.

 

Now i started to have my debts looked after by a "debt specialist" who promised if i pay them £170 a month they would take a share and pay my debts with the rest...or so they promised...nothing changed, i still got harrassing letters from those whom should not be named.

 

...and so i found this site, and send lowell the following letter:

 

To Whom It May Concern:

Your Reference:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1

Cheque, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Lloyds TSB

4. Fair Processing Notice.

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.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

Yours faithfully

 

Lowell sent a letter back...

...saying they are asking the original lender for the proof i require, but admitted it could take time and asked for me to give them longer than the 12 days...

 

i replied...

 

Further to your letter dated 30/07/2009.

I am not asking solely for proof of the agreement from the original lender, if you take the time to actually read my original letter I requested:

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Lloyds TSB

4. Fair Processing Notice.

I state again that under the consumer credit act 1974 section 78(1), you have 12 days to supply ALL of the information requested.

· This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

Might I add that SCOTCALL, whom are obvious acting under instruction from you have been contacting me on a daily basis looking obviously for payment.

Once again may I take this time to draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Please take careful notice of section 2.8, subsection k.

If you continue in your pursuance of this account I will have no other alternative than to report both you, Scotcall and whomever else collect payments on your behalf to both, The Information Commissioner and The Office of Fair Trading.

Your twelve working days will expire on the 12th of August 2009

I await satisfaction to my request.

 

they should recieve that letter this morning.

 

Now, what do i need to do if they fail to provide me with all of the bits ive requested?

 

i want these buggers out of my life, i would have happily came to an agreement with Lloyds all those years back, but as they were so quick to get rid of my debt, i was prevented in doing so.

 

Lowell have called my phone daily, threatened me, ive had the nasty letters etc etc.

 

Ive gone beyond wanting to pay, i want THEM to be out of pocket for once.

 

Sorry to ramble on, i wanted to give you the heads up on where i am right now.

Do i stand a chance or ridding them from my life or am i well and truly screwed?

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State you are willing to give them more time but it the meantime the OFT Debt Collection guidelines state that collection activity must cease whilst the debt is in dispute; the lack of a credit agreement is a clear dispute.

 

The Credit Services Association also operate a complaints procedure for companies subscribeds to them (which Lowells are :) )#

 

If they do not send anything back then you have a leg to stand on and there are ways (by being persistent) that you can gert rid of them (I have done it) and if they send the information to you then you can scan it, post it here and we can help you with it.

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http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

times up,end of,do not give them any extra time.

 

they have twice been able to force payments. you need to make it crystal clear to

 

these cretins that they can not push you around any more.

 

put it in dispute now.

see what they come back with.

 

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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thanks folks.

tomorrow is the last day, so if i havent received anything i will send the cease and dessist letter.

i have my fingers crossed so tightly it hurts!

 

I just had to laugh when they asked for more time!

Just like when i asked for more time and they said no, how the tables turn...

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when was the last time you made a payment on this account

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Last payment to them was 3 years.

 

Letter just received:

 

"Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit actI can confirm our client Lloyds has requested that your credit agreement be retrieved from archive.

Once your agreement is retrieved you will be required to repay the outstanding balnce in full. If deemed necessary, we may initiate legal prceedings which could eventually see your outstanding balance increase due to court costs and intrest."

 

is this a scare tactic?

am i screwed?

or do i carry on and await this "copy of my agreement" baring in mind tomorrow is the last day to provide me with all details i requested before i send them the cease and dessist?

 

HELP!

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over to you samantha:D

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Last payment to them was 3 years.

 

Letter just received:

 

"Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit actI can confirm our client Lloyds has requested that your credit agreement be retrieved from archive.

Once your agreement is retrieved you will be required to repay the outstanding balnce in full. If deemed necessary, we may initiate legal prceedings which could eventually see your outstanding balance increase due to court costs and intrest."

 

is this a scare tactic?yes:)

am i screwed?no they are.unless a miracle happens and they get it from 7 years

or do i carry on and await this "copy of my agreement" baring in mind tomorrow is the last day to provide me with all details i requested before i send them the cease and dessist?

send off failure to supply...see what they come back with.

 

 

HELP!

 

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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over to you samantha:D

 

 

:smile:samandra xx


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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Thanks again folks, And many thanks to you Sam.

Ive been reading around this site for a while so i trust your judgements on this.

Though Id be lying if i said i wasnt a little worried...

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Thanks again folks, And many thanks to you Sam.

Ive been reading around this site for a while so i trust your judgements on this.

Though Id be lying if i said i wasnt a little worried...

 

stop worrying:)they are only still around as they think they have the upperhand.they demanded money and you payed.so they think you can be bullied again:mad:

 

get cca request sent,let them read it and weep,and brake their neck sending a wonderfull f&f.

they are nothing.and easy to deal with.

lets kick them back under their stone.

 

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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thanks Sam, but whats an F&F?

wasnt my first letter (top of page) a CCA? sorry to sound like a novice!

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ignore me gets a little blinding with hate when its these cretins again.

 

mean the failure to supply from post 3.

 

f&f

 

full and final.

reduced amount to con just a little before they throw in the towel.

 

or maybe a fantastic bid to buy back your account.

if it meets their reserve.

 

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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Well, the way i see it is if i dodnt receive anything in the post today, i will send the Failure to supply recorded mail tomorrow, let them choke on it.

 

Why havent these swines been taken out of business yet? surely after all the laws they have broken, all the lives they have ruined they would be forced to shut the doors?

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Hi again folk and folkettes.

I have an update and am in need of further guidance...

so the 12+2 days came and went, and so i sent Lowlifes the "cease and dessist letter" and 4 days later recived this from the cheeky swines...

Dear Mr XXXXX,

We thank you for your recent letter and apologise for the delay in replying.

We have noted your comments and can advise you that, under the terms set out by The Consumer Credit Act, a creditor has an it=nitial twelve days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided.

 

You will, however, continue to get updates from us with regards to your request.

 

Your comments regarding SCOTCALL haave also been noted and we have today contacted them to again advise them that the account has been returned to us and they are no longer dealing with this. Please accept our apologies for the telephone calls received.

 

We hope that the above meets with your approval.

 

Yours sincerely

Some Lowlife customer services berk.

 

Now i dont know where the heck i stand now, they have exceeded the allotted 12+2 days, so dont they now have to close my account?

As you can see im a little blown out of the water here!

 

your comments would be greatly welcomed right now!

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Hi again folk and folkettes.

I have an update and am in need of further guidance...

so the 12+2 days came and went, and so i sent Lowlifes the "cease and dessist letter" and 4 days later recived this from the cheeky swines...

 

 

Now i dont know where the heck i stand now, they have exceeded the allotted 12+2 days, so dont they now have to close my account? the wont close the account just yet.they will try the wonderfull offers first in the hope that you thrown them a crumb,before they throw in the towel.

As you can see im a little blown out of the water here!

 

your comments would be greatly welcomed right now!

 

they cover their selves by saying"updates on your request"

so when they write saying we are still looking,but in the meantime to amicably resolve how about paying half.or bid to buy back crap.

 

they are still trying to get a payment,but they IN THEIR TINY MINDS think that they are not breaking guidelines and continuing collection on a in dispute debt.

 

but they are:rolleyes:

one or two more begging letters before they give up:D

 

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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Thank you Sam, you are starting to be my Port in a storm with this! will keep you posted

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your welcome.:)

always happy to help

 

and absolute pleasure if it stops these morons getting anything.

 

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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Subbing with interest


[B]Nunquam redono spes Nunquam occulto evinco [/B] [SIZE="1"][COLOR="Red"][B]HighFly - 1 Lowell - 0 £5200 SD set aside + costs won HighFly -1 Wescott - 0 £4200 S. barred, removed from files[/B][/COLOR][/SIZE]

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Hi again everyone, and welcome to another installment that is the Lowell Vs Kirksson show...

 

Received another letter today...as follows, word for word...

 

Dear Mr *****

 

Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client has yet to furnish is with your agreement.

 

I can confirm however Lloyd are still in the process of retrieving the required paperwork and once this had been forwarded onto us a copy will be posted to you.

 

There will be no further correspondence from us until the agreement has been received at which point we will require payment in full.

 

If you have any queries...blah blah blah

 

So, they are "still looking" for the original credit agreement...is this the signed agreement???

 

and Payment in full???

 

Bare in mind that i sent this to them on day 14...

 

You have failed to respond to my legal request to supply to me for the above account:

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Lloyds TSB

4. Fair Processing Notice.

 

On 28 July 2009 I made a formal request for the above items for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with my request, and as such the account entered default on 14 August 2009.

The documents that you are obliged to send me are 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 your company and/or client 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 true 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 in the time allotted 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 intrest 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

so i am REALLY confused, who is in the right? where do i stand with these lowlifes?

 

should i stop worrying and just pour myself (and everyone here) a stiff drink?

Edited by Kirksson

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ignore.and do not worry over lowell at all.

 

someone has not updated the system to say you have already received this:D

 

next one either we have given up

 

or wonderfull offer as we are still looking.

 

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 again everyone, and welcome to another installment that is the Lowell Vs Kirksson show...

 

Received another letter today...as follows, word for word...

 

 

 

So, they are "still looking" for the original credit agreement...is this the signed agreement???

 

and Payment in full???

 

Bare in mind that i sent this to them on day 14...

 

 

 

so i am REALLY confused, who is in the right? where do i stand with these lowlifes?

 

should i stop worrying and just pour myself (and everyone here) a stiff drink?

yep stop worrying pour yourself a drink sit back and wait for account closed letter

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I do have one question, would Lloyds still have my details "in archive"? i thought that under the DPA they could only hold details on someone for 5 years once all dealings have ceased; In this case selling to debt to Lowells and relinquishing all rights to the outstanding balance?

 

Am i right in saying that if they were really looking, they would have in fact found it by now?

 

And what happens with the possible "wonderful offer" do i ignore it as they are looking for payment, and thus bringing the account into further dispute as they arent allowed to do that?

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I do have one question, would Lloyds still have my details "in archive"? i thought that under the DPA they could only hold details on someone for 5 years once all dealings have ceased; In this case selling to debt to Lowells and relinquishing all rights to the outstanding balance?possible that they still hold some details.depending on length of time since last activity on the account.think its 6 years.

 

Am i right in saying that if they were really looking, they would have in fact found it by now? it could take any length of time,not unknown for documents to turn up months later.

 

but its 7 years since you signed:D

 

And what happens with the possible "wonderful offer" do i ignore it as they are looking for payment, and thus bringing the account into further dispute as they arent allowed to do that?

they should cease collection activity(demanding the money,or threatning all sorts)without a cca. offering wonderfull offers to close the file,is just a crafty way of getting payment,the difference being that they are offering you.or asking you.

NOT saying pay up or else.

 

when they feel its a dead loss,or the OC confirms that due to the length of time they cant find it,they will try to get something back.

 

ignore,and they will skulk off.

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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Thanks again Sam, im honestly hoping for the day they i can close the case on this and sleep better at night,

 

again, i will keep you updated of anything new. :D

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