Lowell Financial & Cap1 debt - Reply Letter Urgent Help Needed

[chimp123]

thanks for that, does anyone have a statement request letter of some kind or anything? want to make sure i send the best letter to the ****

[in-a-mess]

thanks for that, does anyone have a statement request letter of some kind or anything? want to make sure i send the best letter to the ****

 

Try here, it may be letter J

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[chimp123]

thanks for that, I don't want to acknowledge the debt as of yet, should I request fulls statements and charges etc and see what they come back with? If they come back with nothing then I am not offering anything?

[sploits]

I would just send them a short and to the point letter saying somethign along the lines of:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Can you please provide me with all statements relating to account (ref number) in which you alledge I owe.

Regards,

Print name don't sign.

 

 

If that fails then you could S.A.R. Crap one to get everything from them which will include the statement of account.

 

Hope this helps

[babybear39]

A statement of account is FOC and should be made available to the account holder on request.

[chimp123]

What does FOC mean sorry? Thanks all

[babybear39]

FOC = free of charge

[chimp123]

thanks I will send them statements of account thanks

[chimp123]

I want a really good letter to send these lowells piece of poo!!! If they can not find statements even through they have a cca can they carry on pestering me?

[sploits]

If the CCA is enforcable then yes they will keep pestering but then again even if its not they will keep pestering too. Best thing to do is learn to laugh at these idiots and have fun with them.

If they haven't got the statements you want (which they should but this is a DCA we are talking about) then I would personally S.A.R. crap one and everything would be in there. Also as babybear suggests the statements should be available FOC so you could always ask crap one for them direct.

 

Have Lowells stated that they bought the debt or just trying to collect it on crap ones behalf? If they have bought it then they SHOULD have all the paperwork including your statements.

 

Hope this helps

 

Sploits

[babybear39]

A statement of account is FOC from a DCA. If you reqire full statements of the account you need to request a SAR from the original creditor.

[chimp123]

Thanks both, you have been very helpful. They have stated they have purchased the debt, so I will send them a letter today saying I do not acknowledge debt and I want to see statements! Babybear do you have statement of account template? Think I have a year then its statue barred!

[babybear39]

Just a short letter will suffice:

 

Dear cretins,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT.

 

Re: account number XXXXXX

 

Please supply a statement of the above mentioned account for my records.

 

Yours faithfully,

[chimp123]

Dear Cretins ha ha quality!

[sploits]

I knew babybear would have the right wording for you lol

 

Sploits

[chimp123]

Hi all I have today received another letter from Lowell well Red debt collection services. I think this is the 4th letter of the week! It states they have been authorised collection agent for lowell and they may do a home visit or start legal proceedings. Can anyone shed any light on this can they just visit me at home? Surely that's not on. Also I sent lowell a recorded letter yesterday asking for statement of account because thay havent sent me anything and also telling them that i do not acknowledge the debt. Hope someone can help that starting to get on my nerves now!!!!

[Charlick]

My wife has just recieved a letter from Lowells saying they have just purchased her debt from o2 which the contract ended fully paid back in 2004. They state that o2 had written to her in Feb 09 explaining that they would sell them the debt if she didnt pay it, which my wife has never had by the way. I am now writing them a letter to ask for a statement of account as well as one to 02, do you think is the right course o take.

[chimp123]

have you asked for a cca request first? If not ask for that! Do not give in to them because they use scare tactics! Can anyone comment on my recent letter please

[Charlick]

I have been asking for a cca request for 5 months now but they only sent me blank copies of a cca agreement, as well as letters obtained from here about the CPR31.16 Requests.

[Charlick]

Soory ignore that previous post reply. I have not asked for a cca on my wifes case as we only got the letter this morning after the billed being paid i full 5 year ago

[sam614]

have you asked for a cca request first? If not ask for that! Do not give in to them because they use scare tactics! Can anyone comment on my recent letter please

same crap on reds headed notepaper.ignore.

 

did you send the letter yesterday to lowell.

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

have you sent them this.

 

would get a direct complaint in now to compliance.

time to close it down.

 

SAM

[chimp123]

Hi Sam sent them this letter yesterday. Well sent it to Lowell,

 

Dear Lowell

 

I Do Not Acknowledge Any Debt to Your Company

 

I must admit I am rather bemused as to why this account has been assigned to you. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

Reasons for Dispute

1. Capital One are in default of my request to supply an executed copy of a credit agreement

2. I have asked Capital one for Statement of Access Request and still not received it.

3 You have not provided an enforceable CCA request, it doesn’t state credit limit or cancellation right and is currently with my solicitor.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would suggest that this account is returned to Capital One for resolution of these defaults and breaches, as Capital One and Lowell Portfolio cannot lawfully pursue any enforcement activities.

 

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question by supplying the relevant documentation that I have previously requested from Capital One.

 

If you are unable to provide evidence as to my liability, I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I now require all further correspondence from your company to be made in writing only and not by telephone. Be advised that any telephone calls from your company will be recorded. If you harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM and you will be liable for a substantial fine.

 

I would also like to inform you that if you intend to pass this account to a Home Collections Department the OFT guidelines state that you are not allowed to cold call and must make an appointment. Please note that I herby inform you that I have no wish to make an appointment and under common law your agent will be committing the offence of trespass.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

Yours Faithfully

 

 

Does that look ok?

[Charlick]

Sam, My wife only recieved the letter from Lowells this morning stating they have purchased this debt from O2. I have not done anything yet as she does not owe anything to anyone. The agreement with O2 was paid in full back in 2004 and the crontract ended

[chimp123]

oh going to send them that complaint letter now, amazing! Thanks

[chimp123]

Charlick think you got your post mixed up, sam was replying to me. Have you got proof of payment? If so send them a copy and that's the end of that