true cca?

[run_rabbit55]

i requested a cca from lowell for my littlewoods debt. today i recieved a letter from them which included the following

cca pictures by run_rabbit55 - Photobucket

is this a cca what should i do? ive got 7 no wait 6 daysnow before loweel issue their solicitors on me!

[debt4get]

no it is not it is nothing more than a statement of account send em this

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered/or will enter default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is 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 both your company 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 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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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 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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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 interest 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.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[angry cat]

I note that the accompanying letter is signed by, Samantha Barnard;

previously known as Miss Samantha Swallow: LEEDS LOSERS!

[run_rabbit55]

what does that mean

[angry cat]

It means that Lowell, are chancers.

 

That is why, they have been named as the LEEDS LOSERS!

[alfwithhair]

The Leeds Losers is our affectunate pet name for Lowells and they will not be instructing their own or anybody elses solicitors to act upon the rubbish they have sent as it isn't remotely enforcable and they know it.

 

They just rely on the general consumer not to know his right, which you now do, just send them debt4get's letter and ignore them from now on.

 

Do not speak to them on the phone and if they ring you refuse to answer their security questions, tell them writing only and put the phone down.

[run_rabbit55]

ok thanks guys

[run_rabbit55]

i sent the cca letter and now have had a letter from red financial demanding payment within 7 days. who are these guys?

[alfwithhair]

i sent the cca letter and now have had a letter from red financial demanding payment within 7 days. who are these guys?

 

RED Farcical is Lowells in disgise.

The next letter will be from Hampton legal another bunch of winkers under the Lowells umbrella

 

As said before the Leeds losers will try any trick in the book to pressurise you into coughing up

 

Just ignore the planks

[run_rabbit55]

lowells are still sending me letters but now have included what they call a cca. this is what they have sent

http://s546.photobucket.com/albums/hh416/run_rabbit55/

the cca is the middle document

[skegleg]

is this the same cca as the one in your other posts from

a while back ?

 

also is this the same one where you agreed to pay lowells ?

[run_rabbit55]

yes its the same

[Craigbadger]

Am I missing something here?

The scan at the top is a statement where this does look like a credit agreement however it does not actually say who the agreement is between. I swear it needs the name and address of the debtor on it or it could be anyone surely.

 

Cant see interest rate either although not sure how that applies with catalogues?

Edited June 16, 2010 by Craigbadger

[run_rabbit55]

i dont know. alot of people say these littlewoods ccas arnt proper. what shall i do? contest it?

[debt4get]

why bother you have sent the in dispute letter ignore em, you have made your position clear..writing only encourages them....either they will issue court proceedings if they are sure or they wont..my money is on they wont...you have made your position clear..dont know if there is anything else you need to tell em