Lowell And Old Egg Card Debt

[cerberusalert]

You mustn't let them get to you, there's more than one way to skin a rabbit & believe me these particular rabbits have been skinned a few times;)

[onestressedwoman]

Will keep you informed and pick your brains as mine doesn't work anymore

 

Smiles

 

Onecalmwoman ish but your making me feel better

[clemma]

Please do keep us informed. Good to see your starting to calm a little as well That's what it is all about - taking control of the situation. You'll be an expert by the time you finish here

[ODC]

One stressed woman

 

You will get all the help and support you need here to defeat these bullies. They rely on scaring people to force them to pay. They dont care about you medical condition but their sheer arrogance and greed can be used against them.

 

Stick with us and together we will defeat them.

[Pinky69]

You should report this letter to the OFT. This is the kind of thing 1st credit have just been taken to task about - making threats of legal action that are unlikely to be carried out. This is their email address for a report:

 

[email protected].

 

The OFT are finally beginning to wake up to what these cowboys are up to and the more their murky behaviour is reported, the quicker something will finally be done about it.

[42man]

Hi OSW.....What exactly have they sent you ? Is it a bankruptcy petition ? or is it a statutory demand ? or is it another threatening letter ?

Can you clarify please ? Is it possible you are able to photo/scan up what they have sent you and post it up here (minus the personal details and anything that might identify you ?).....please send me a PM if you need help....you should set aside anything if they have indeed sent a statutory demand...

[onestressedwoman]

Hello every one

 

I'v just thought should I have sent the letter to Lowells should I of sent it to egg also

 

So awaiting a reply from Lowells -

 

Smiles

 

Onestressedwoman or OSW 42Man

[cerberusalert]

Lowells are acting on behalf of Egg or have bought the debt from them more than likely, either way it is their responsibility to provide the documentation.

[42man]

Send them this letter recorded....they haven't responded to your CCA request, and it would seem they are trying to frighten you ino paying...

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (name of original creditor/dca (delete if required) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/bankruptcy petition I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[onestressedwoman]

Went to send letter today -

But was held back by Rep -

 

she said case in late October found in favor of American express even without CCA

 

She wants to issued defence based on my neurological problem?

 

What do you think?

 

I said to her isn't it still not right for them to pass this to DCA. his should be directed back to Egg prior to action taken ?!

 

To which she agreed

 

Lost again??

 

Smiles

 

Onestressedwoman:confused:

[cerberusalert]

The rep was probably referring to this case http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/179236-tragic-case-judgement-because.html albeit she hasn't got the details right.

 

Carry on with the CCA request and see what they can produce. It is your legal right to request a CCA at anytime & I suggest you tell your rep to come on to this site and do some reading to brush up on consumer rights.

[42man]

OSW....please keep your thread updated, You are sending PM's but not updating your own thread with any new info, if they are calling you then refuse to answer the security questions....and if they are continuing to harrass you then I suggest you send the letter here by recorded - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[42man]

Or possibly the Rankine case.....

[onestressedwoman]

What are the implacations of this ?

[onestressedwoman]

Does this change my position?

[cerberusalert]

It doesn't change your position don't worry. The cases quoted above are very rare indeed. The first involved MBNA who were able to submit to the court a cut-up credit card which had been returned to them thus proving in the absence of a CCA an agreement had actually been in place. The Rankine case involved a couple who went to court ill-prepared + the judge made errors of judgement allegedly.

[onestressedwoman]

Sounds/feels like she's delaying me ! and failing to protect my interest ?

 

also this wasn't a landmark case anyway was it?

[cerberusalert]

Not landmark.....more unusual;)

 

Does your rep represent CCCA or CAB ?

[onestressedwoman]

Just spoken to Rep who couldn't tell me if she was CCCA or CAB skirted around question twce.

 

Also mentioned Rankine case and she had no idea what I was talking about given she keeps drawing reference to it you would think she would be familiar with the name.

 

Any Thoughts???

Edited March 4, 2009 by onestressedwoman

[onestressedwoman]

Hello everyone

 

lost pc for a week coming back withnews

 

Spoke to rep who states she has contacted Lowells

 

I email lowells in late feb to let them know they must address everything to rep however they have ignored this and keep contating me yesterday recieved two letter from them one saying they were going to call here between hours of - another saying that they note my comments in my email asking me to tell rep to contact them.

 

what a waste of a stamp - given they have already been given all contact details why would they send letter to me rather than rep ??

[Gary29]

You could try sending this letter;

 

OFFICAL COMPLAINT

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of CPUTR 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to initiate a Doorstep Collection. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

I am also alarmed at the fact that I was told by one of your operators that you do not deal with Payplan, despite my bona-fide repayment plan with them, this person also threatened me with court action, and also threatened me with the prospect of a 'doorstep' visit.

 

As I understand it the OFT give CLEAR guidelines on debt collection which state the following.

 

2.6 (f) -

 

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

 

g. making threatening statements or gestures or taking actions which suggest harm to debtors

 

2.8 ©

 

refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux

 

, independent advice centres or money advisers

 

d. contacting debtors directly and bypassing their appointed representatives

 

 

e. operating a policy, without reason, of refusing to negotiate with debt management companies

 

It must be suggested with your apparent disregard for these guidelines, that your suitability to hold a credit licence must be brought into question

 

If I do not receive your company's official complaints procedures within the next 7 days, I will have no hesitation in reporting your company's behaviour to the OFT, TS, FOS, my local MP and The Undersecretary Of State For Trade And Consumer Affairs.

Be further advised that any further telephone calls from your company will be recorded.

 

I look forward to your reply

If that doesn't do the trick complain to the OFT, [email protected] mark it for the attention of the Licensing Team.

[onestressedwoman]

I am worried because my rep has delayed me send 42mans letter -

She seems to be delaying me continously I don't understand why?

 

Given they have meant to have been working on this for over a year!

 

If I send them together it can't do any harm can it?

 

Gary I obviously changed letter above to written commnication harrasment rather than telephone harrassment - when they should be addressing it to rep ?

 

Its really not easy given I only have access to pc when my son brings laptop round?

[onestressedwoman]

Help Please

EGG rrrrrrrrrrrrrrrrrrrrrrrrhhhhhhhhhhhh.

Have been asking egg for a copy of cca for 2 years passed from

egg to dca - dca back to egg - dca to dca - dca back to dca with a a threat of bankruptcy in between from dca and request from egg to provide a copy of my signature not to mention the harassing calls and letters -

Have had Legal advisor / company (????) handling this for two years requested cca from all but not supplied must have requested it over a dozen times which still has not been provided person dealing wiht my file has changed 3 times now I speak to a new woman today and she tells me that debt is now enforceable without the cca ????????????

I know this thread is 4 days old but I do not have a new thread prompt on my screen which drives me mad

Confussed and Stressing again

OSW

Thank you so much i am sure that my rep (haha) is working against me !

I wish I could function for more than 16hours a week then I may be capable to deal with this myself.

So i had already instructed them to write to lowell and again request cca - another thing I thought of was if this term "we can enforce without an agreement" is stated shouldn't this be coming from OC not DCA

Yes two LONG years !!! I have asked rep to report this to relevant bodies but thus far I don't think she did it but she was rep no. 3

But where do I go from here - how do I tell rep to sort it out ?

Stressing stressing stressing -

but this site really relieves the excess

[alisindebt]

You can dispute an account where the OC does not supply a CCA, as in your case, this has gone on for 2 years, so nobody can argue with that. in which case Lowell's have no case in law to contact you. send them the letter that i gave you and refuse to deal with them. they are a bunch of chancers, I wrote off ten thousand quid because they could not produce a CCA, so you do the same.

 

You adviser sounds useless, so fire them and do the template letters yourself.

 

it will take just minutes, cut and paste what I have given you and insert your own details.

[onestressedwoman]

Alisindebt -

 

Oh wise one

 

I will do this I think it maybe panicing me more because I can't see whats going on and never get updates from rep !

 

I was wondering as this will yet another request for CCA can I not (after they fail to provide it again ) send them a letter requesting confirmation of unenforcable noting if no response after 14 days this account will be considered unenforcable from then on ?

 

Hope you can understand that not good at making myself clear

 

Smiles

 

OSW