New Lowell Case Help Needed

[silverfox1961]

Unfortunately they are too small. can you use photobucket or attach them as pdf files (Adobe)

 

From what I can see though, it looks like an application form.

Can you confirm if there is

 

1 The APR

2 A payment schedule

3 A credit limit or a statement saying one will be set for you

[Bundz]

ccablack.pdf

 

There is a separate 12 page document with my name and reference at the top.

 

In answering your questions:

 

1. It starts with a summary of the apr chargeable to this agreement and then lists terms and conditions on use of the card.

 

2. Section 8 & 9 outline the repayments which need to be made

 

3. Section 4 advises a credit limit will be set by them and amended when appropriate

ccablack.pdf

Edited October 10, 2009 by Bundz

[tigga_1961]

please remove personal details asap

[AA99]

Bundz, it looks like an application form only. You must remove it and delete all your personal details and then re-submit it. The pdf version is fine in size but delete your details:eek:

[silverfox1961]

Irrespectively of how many extra sheets they send you with the terms and conditions on them, the "agreement" they have sent fails.

 

The key terms need to be within the 4 corners of the agreement and they surely aint.

 

Lowells will now swear black is white that the agreement they have sent is enforceable.

 

With the T's & C's. without posting the entire thing up, do they have dates on them?

What are the penalty charges?

[Bundz]

I have removed and re-entered, thanks for that

 

There are no dates or signatures on the terms and conditions, it has my name and reference on the top.

 

Charges are mentioned in section 12 'Other charges and default charges'

 

"you must pay to us the 'other charges' and 'default charges' referred to in the 'key information' (as varied from time to time)"

 

It doesnt have any specific figures

[silverfox1961]

Oh goodie NO relationship between the application and the terms so you can't even be sure the terms are from 2002. I suspect they are the same as the ones I got when I SAR'd Cap1.

[Mr Grey]

Re Egg 'debt'

 

Got a letter from Lowell, enclosing a letter from Egg which confirms that they have transferred the rights and the account to Lowell Portfolio

 

The letter from egg is odd because it obviously hasn't come from egg, both peices of paper have similar printed marks to suggest Lowell have produced both documents.

 

Check this post re lowell data matrix. Lowell should be reported to OFT.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/176432-lowell-humpty-dumpty-7.html#post2470370

[Bundz]

What should i do next?

 

I'm losing sleep over this mess and cant think straight. Most of this is over my head anyway

[silverfox1961]

Have a look at this letter:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

This is the sort of thing to hit Lowells with:

[Bundz]

Hi guys,

 

letter from Lowell today

 

Confirming that they are writing to me in error and will no longer contact me regarding the 'egg' debt.

 

They would like to apologise for any inconvenience caused and have removed all of there data on me.

 

Just need to sort out this capital one issue.

 

Thanks to everyone how looked at my post, i am in your debt.....oh no not again!!!

[silverfox1961]

Hi guys,

 

 

Thanks to everyone how looked at my post, i am in your debt.....oh no not again!!!

 

 

:D Funneee!

[Bundz]

Hello,

 

Having received a letter from Lowell 12 October, why do they still appear on my credit report?

[silverfox1961]

If the default on your credit file relates to the EGG debt then I would threaten them with legal action and demand compensation.

 

If it relates to the CAP1 debt then they will state they have a right to be marking your file.