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karens25

m & s and lowell financial

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hiya

i had a marks and spencer chargecard,the account has been passed to lowel for collection, i sent them a cca request to which they replied that they had requested a copy of th original contract from m & s and whilst they would endeavour to supply this information to me within the prescribed time limit that would depend on them receiving the information from the original lender... today i have received a letter from them and i quote....

 

 

.....following your recent request to be provided with a copy of the original credit agreement in respect of the cca. i can confirm our client has requested that your credit agreement be retrieved from archive.

 

once your agreement is retrieved you will be required to repay the outstanding balance in full. if deemed necessary we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

 

please contact us if you have any queries regarding the above.

 

 

now is it just me or do these guys appear to be running scared??

 

any ideas on a strongly worded response will be most gratefully received.....

 

thanks in advance

karen


cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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Dear Imbeciles,

 

Clearly your mothers never taught you the expression: "Dont count your chickens before they are hatched".

 

Love, Karens

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once your agreement is retrieved you will be required to repay the outstanding balance in full. if deemed necessary we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

 

Ah yes Lowlifes and their unfounded and unlawful threats..

Firstly, you would not be nor can you ever be liable for the "outstanding balance" to be paid in full!

The initiation of any legal proceedings is extremely unlikely, because it costs them to initiate them first, and then they will have to win the case to claim the charges back from you!

 

It is all hot air, irrelevant nonsense designed to intimidate your lack of knowledge and education..and for that I would scream and shout to every single organisation that is supposed to control these DCA's..:-x


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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cheers guys

 

very tempted to send your letter huff!! or i might just do nothing, their time runs out on sept 3rd (27 days and counting!!) and i did say i wouldnt correspond with them further until i had the alleged agreement.

 

you're right bazooka, at one time i would have been intimidated by these threats, if i didnt know what i know now, courtesy of cag!

thanks very much for your input im off to do some shouting and screaming!

karen


cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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cheers guys

 

very tempted to send your letter huff!! or i might just do nothing, their time runs out on sept 3rd (27 days and counting!!) and i did say i wouldnt correspond with them further until i had the alleged agreement.

 

what makes you think they have 27 days left.:confused:

12+2 for cca.have they lied again and say they have a further 30 days.

me thinks almost time for in dispute.

 

you're right bazooka, at one time i would have been intimidated by these threats, if i didnt know what i know now, courtesy of cag!

thanks very much for your input im off to do some shouting and screaming!

karen[/quote

 

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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SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.

 

I'm still trying to work it out:p

 

Anyhow, as sam says, if they haven't provided the CCA within 12+2 days, then you can place the account in dispute. Letter template is in there somewhere!:D

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors.html

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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:lol:actually it took 7 months

 

just did not want to admit being that thick

 

and had to get daughter to do it in the end.

 

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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:pWell this is my second computer, as the last one fell out of the bedroom window on account of it not letting me have an avatar:-x And if this one keeps playing me up, it's days are numbered also:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thank you both for your help... no surprisingly they havent lied, well not about the 30 days anyway!! is the account in dispute after 12 + 2 days? i thought they then had another 30 after that... is that when it becomes a criminal offence?

sorry for being a bit thick!!!!

thanks again

karen


cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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thank you both for your help... no surprisingly they havent lied, well not about the 30 days anyway!! is the account in dispute after 12 + 2 days? i thought they then had another 30 after that... is that when it becomes a criminal offence?

sorry for being a bit thick!!!!

thanks again

karen

 

Yes & No!

After the 12+2 days you can send them the letter which informs that the account is now in dispute due to their failure to provide the relevant document in time.

It's no longer an offence to fail to provide the CCA, it just means that after this time they are unable to legally enforce any collection activity on your account,

So send the above letter, again via recorded delivery, and until such time as they can find the CCA and send it to you they cannot ask you for payment, add interest, or sell it on, but they do!!:mad:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi

thanks very much for your help.. sent the letter off yesterday... will see what happens now...

thanks again

karen


cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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hi

thanks very much for your help.. sent the letter off yesterday... will see what happens now...

thanks again

karen

 

Recorded delivery I trust;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You didn't sign it did you?


Andy...

 

 

 

 

 

 

 

 

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hi guys

yes recorded delivery and no i didnt sign it!!.. thanks for your concern... i was feeling quietly confident about this and yesterday, on my birthday would you believe!, i received what they refer to as a copy of my original credit agreement, this is in fact the application, i know this counts in some cases... but it says nothing about repayments or interest rate and their signature is a barely readable stamp... the terms and conditions are enclosed, 3 seperate sheets but whos to say these werent printed prior to them sending this out?

thoughts anyone please..

karen


cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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21 again eh!!:D

 

Can you scan and post up the "agreement" they sent?

Removing any ID, names adresses, bar codes etc.

 

That way then someone who has knowledge of CCA's will be able to have a look and advise as to your next step.

 

 

Happy Birthday for yesterday, did you get my card?:razz:

 

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hey boo...

 

thanks for the birthday wishes! yes 21 again... again!! strangely enough your card hasnt arrived yet...did you put the post code on??!! ;)

 

i will attempt to scan and post this, although our scanner isnt very good and neither am i... its a bit temparamental, unlike me!!!

 

thanks boo

 

karen


cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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hi again...

 

have "fixed" the scanner, am now amazing technical whizz kid!!! have scanned document........ just cant locate it!!!

 

plase bear with me!!!...........

Edited by karens25
rubbish spelling bare/bear

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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