Lowell and Hamptons

[myusername]

Slightly rewording sections of the letters and will repost it here

[myusername]

For the purposes of clarity and the avoidance of doubt, please take careful note of the following:

 

This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

Dear Sam Barnard,

I refer to the above account number which you insist is attributable to me.

 

I have no knowledge of any such debt, and in any case any debt I may have had, is statute barred under the limitations act, something which again, you choose to ignore.

In your letter dated the 28th August 2010, you incorrectly state that you received an 'attempted' payment of £1.00 on the 3rd February 2006.

My records show that this will have been the statutory fee required in request for a consumer credit agreement, of which the request clearly states what the enclosed payment is for.

Your statement that; I attempted" to make a payment is incorrect and an abuse of your position. As such I have updated a current complaint with The Office of Fair Trading and will be submitting a complaint to Trading Standards, and the Financial Ombudsman for them to also investigate your fraudulent claims.

 

With regards to your failure to act lawfully and supply me with the CCA requested in February 2006, together with the failure to return the statutory fee, in my opinion you have acted fraudulently and decided to use it against the alleged debt, I reserve the right to make a formal complaint to the Police for offences committed under the Fraud Act 2006, namely S2.

2 Fraud by false representation

 

(1)A person is in breach of this section if he—

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation—

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if—

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

It has also come to my attention that you have made repeated unauthorised searches on my credit file, these being as follows, something I find unacceptable

dates of 7 searches in 6 months

 

I have submitted a copy of these searches to the Information Commissioner’s Office for them to investigate.

 

I now require confirmation from yourself that by 8th October 2010 you will have erased any entries you have made on my credit file, you will also return to me my statutory fee of £1.00 which you have fraudulently used in your attempt at keeping an alleged debt alive.

And finally, you will accept that this alleged debt is beyond the limitation period and close your files accordingly.

I expect a response by the date mentioned above, if, you continue to pursue this matter I will look at taking further action against yourselves and claim damages in relation to your conduct, time and expenses and stress caused in dealing with you in this matter.

I also reserve the right to make a formal complaint to the Police regarding the attempted fraud you allude to in your letter of the 28th August 2010.

 

I look forward to your prompt response and your confirmation that this is the end of the matter after rectifying all of my concerns laid out above.

 

Sincerely.

 

(print name)

[Bazooka Boo]

Yes that sounds better, well done, mine was only a suggestion of what you 'could' send it is always up to those asking for advise whether they decide to use it or parts of it. Let us know what drivel they come back with, if anything, and we can go from there, hopefully that will have the desired result..

[harrassed senior]

You know what BB I liked your letter and have saved to use in the future:

[Halibutt]

Me too HS. Thanks for your draft Bazooka. I admit, I too would change the wording slightly, but it's a great basis on which to begin. Cheers mate

 

My take on it would be the following:

For the purposes of clarity and the avoidance of doubt, please take careful note of the following:

 

BY ROYAL MAIL RECORDED DELIVERY

 

This letter does not acknowledge any assertion of debt owed to you or your affiliates, agents, owners or otherwise.

 

 

Dear Ms Barnard,

REF: 123456789

 

I refer to the above account, which your company asserts as attributable to me.

 

I remind you once again that I have no knowledge of any such debt. In addition, if the alleged debt was owed, it would, by now, be

statute barred

under the limitations act, which appears to be a fact that you have chosen to ignore in this case.

 

In your letter dated the xx/xx/xx, you incorrectly allege that you received an 'attempted' payment of £1.00 on the xx/xx/xx.

As stated in my letter of xx/xx/xx/ the postal order sent was to be used

only

to cover the costs of a Consumer Credit Agreement request. If your company was unwilling/unable to comply with my legal request, the postal order should have been returned to me, uncashed.

 

My records show that this postal order was the statutory fee required as part of my request for a Consumer Credit Agreement, in which I made it quite clear in my accompanying letter, for which means the payment was to be used. I retain the Post Office receipt for the aforementioned postal order.

 

Your statement that I "attempted to make a payment" is therefore incorrect and a misrepresentation of fact on your/your company's behalf.

 

As such I have updated a currently ongoing complaint about your company's conduct/misconduct with The Office of Fair Trading and will subsequently be submitting a complaint to both Trading Standards, and the Financial

Ombudsman

for them to investigate your claims, which, in good faith, I believe to be fraudulent and therefore illegal.

 

Regarding your failure to act lawfully

and supply me with the CCA requested on xx/xx/xx, together with the failure to return the statutory fee, in my opinion you have acted illegally and attempted to use my payment to offset against the alleged debt, an action which, I'm sure you will be aware, is classed as fraudulent behaviour.

 

I reserve the right to make a formal complaint to the police for offences committed under the Fraud Act 2006, specifically Section 2:

2 Fraud by false representation

(1) A person is in breach of this section if he:

(a) dishonestly makes a false representation, and

(b) intends, by making the representation

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if:

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

Should I feel it necessary to report this matter to the police, I will, in writing, supply you with the crime number for your/your company's ease of reference.

 

It has also come to my attention that you have made repeated unauthorised searches on my

credit file

, detailed as follows:

Dates of 7 searches in 6 months

 

I have submitted a copy of these searches to the Information Commissioner’s Office for further investigation.

 

I now require written confirmation from you that by xx/xx/xx, you will have erased any and all entries you have made on my credit file. You should also be aware that you must now return my statutory fee of £1.00 (Postal Order number:1234567) which you should have used to satisfy my CCA request.

 

Finally, you must accept that this alleged debt is beyond the limitation period and close your files accordingly, confirmation of which, I expect to receive

in writing

within 21 days of the date of this letter.

 

If you, your company, its associates, etc. continue to pursue this matter I will take further action against you and claim damages in relation to your conduct, in addition, but not limited to my time, personal expenses and stress in dealing with this matter, plus any court costs that may be incurred.

 

I reserve the right to make a formal complaint to my local police station concerning what I regard as the attempted fraud that I believe has been committed in this instance.

 

I look forward to your prompt response and your written reply as requested within the timescale set out above.

Yours sincerely.

(print name)

Edited September 7, 2010 by Halibutt
Added my version of that really good letter :)

[Bazooka Boo]

Thats even better! See what can be achieved with more than one interpretation and editing....all it needs is for one CAGger to start, and it is finally remodelled into a working template..

[Halibutt]

It's cooperation and a community spirit mate. Illegitimi non carborundum

[sandalwood]

'Illegitimi non carborundum'

 

I never do.

 

I came here seeking help to deal with Lowell and now I don't feel able to post on this site ever again due to 'Bazooka Boos' unpleasant comments and suggestions.

 

Quote ...'not for others/trolls/newbies... please stick to credit today where your uneducated comments will be better welcomed...'

 

I don't think it needs further comment.

Edited September 7, 2010 by sandalwood
I think it would be pointless to say more.

[harrassed senior]

OK - I'm joining in the game too:

 

For the purpose of clarity and the avoidance of doubt, please take careful note of the following:

 

 

BY ROYAL MAIL RECORDED DELIVERY

 

 

 

 

 

This letter does not acknowledge any knowledge or liability of debt owed to you or your affiliates, agents, owners or otherwise.

 

 

 

 

 

Dear Ms Barnard,

REF: 123456789

 

I refer to the above account, which your company asserts is attributable to me.

 

I respectfully remind you once again that I have no knowledge of any such debt. Further, if the alleged debt was owed, it would, by now, be

statute barred

under the Limitations Act, which appears to be a fact that you have chosen to ignore in this case.

 

In your letter dated the xx/xx/xx, you incorrectly state that you received an 'attempted' payment of £1.00 on the xx/xx/xx.

 

As stated in my letter of xx/xx/xx/ the postal order sent was to be used

only

to cover the costs of a Consumer Credit Agreement request. If your company was unwilling/unable to comply with my legal request, the postal order should have been returned to me, uncashed, and not fraudulently taken as a payment for the account in question. It was made perfectly clear in my accompanying letter that this payment was a fee. I retain the Post Office receipt

 

As you have failed to respond to my CCA request, I require the return of my payment of the Statutory Fee of £1.

 

Your statement that I "attempted to make a payment" is therefore inaccurate and a misrepresentation of fact.

 

As such I have updated a currently ongoing complaint about your company's conduct/misconduct with The Office of Fair Trading and will subsequently be submitting a complaint to both Trading Standards, and the Financial

Ombudsman

for them to investigate your claims, which, in good faith, I believe to be fraudulent and therefore illegal.

 

I hereby inform you that I reserve the right to make a formal complaint to the police for offences committed under the Fraud Act 2006, specifically Section 2:

 

2 Fraud by false representation

 

(1) A person is in breach of this section if he:

 

(a) dishonestly makes a false representation, and

 

(b) intends, by making the representation

 

(i) to make a gain for himself or another, or

 

(ii) to cause loss to another or to expose another to a risk of loss.

 

(2) A representation is false if:

 

(a) it is untrue or misleading, and

 

(b) the person making it knows that it is, or might be, untrue or misleading.

Should I feel it necessary to report this matter to the police, I will, in writing, supply you with the crime number for your/your company's ease of reference.

 

 

 

 

It has also come to my attention that you have made repeated unauthorised searches on my

credit file

, detailed as follows:

 

Dates of 7 searches in 6 months

 

I have submitted a copy of these searches to the Information Commissioner’s Office for further investigation.

 

 

Finally, you must accept that this alleged debt is beyond the limitation period and close your files accordingly, confirmation of which, I expect to receive

in writing

within 21 days of the date of this letter.

 

If you, your company, its associates, etc. continue to pursue this matter I will take further action against you and claim damages in relation to your conduct, in addition, but not limited to my time, personal expenses and stress in dealing with this matter, and damages to reputation through inaccurate reportings on my credit files, plus any court costs that may be incurred.

 

I look forward to your prompt response and your written reply as requested within the timescale set out above.

 

Yours sincerely.

 

(print name)

[chattanooga]

Ok, here's my draft of the letter...

 

Dear Chancers

 

LOL!

 

The debt is staute barred...get over it.

You banked the pound, your problem...get over it.

You commited fraud and I would take great pleasure in seeing you swing...get over it.

Acknowledge, don't acknowledge, I couldn't give a monkey's...get over it.

 

Yours

Worst nightmare.

 

[Bookworm]

'Illegitimi non carborundum'

 

I never do.

 

I came here seeking help to deal with Lowell and now I don't feel able to post on this site ever again due to 'Bazooka Boos' unpleasant comments and suggestions.

 

Quote ...'not for others/trolls/newbies... please stick to credit today where your uneducated comments will be better welcomed...'

 

I don't think it needs further comment.

In all honesty? First post you wrote, and it criticised without making any helpful suggestion. In cyberworld, yes, that usually is troll behaviour. Maybe you didn't mean it that way, but that's how it came across.

 

So, get over it, learn from it, and move on. if you want to stay, stay, if you don't, don't. Your post came across badly, Bazooka reacted accordingly (and OTT from what I can guess after the edits), both of you are presumably grown-ups, let's start again, shall we?

 

Personally, I like Chattanooga's version best.

[Halibutt]

'Illegitimi non carborundum'

 

I never do.

 

Just in case anyone should think otherwise, my quote was with reference to Lowell, not to any posters here...

[Bazooka Boo]

'I came here seeking help to deal with Lowell and now I don't feel able to post on this site ever again due to 'Bazooka Boos' unpleasant comments and suggestions.

 

Sandalwood, please excuse my comments, I'd had a particularly bad day and was ready to lay into the first person I could, and unfortunately this happened to be someone on the other end of a computer screen who had given their opinion on something I had worked on, watered down and reworked numerous times, simply to be told by a new member that it was full of faults and holes. It was very late, and I should have left it till the morning to reply.

I didn't, hence the comments of which I do apologise.

 

If you need help with lowlifes then please let myself and others help you in what will be a one sided fight, I hope you feel that you can use CAG in your fight against them, and you will learn lots about your rights along the way, don't take too much notice of what I previously said, it's only words, and lowlifes will use a lot stronger against you in their fruitless attempts to get money out of you.

[myusername]

Well, the letter has gone today by recorded delivery. I await there next load of dribble.

 

By the way it was printed in a larger print than normal and spanned 3 pages

[Bazooka Boo]

Hope you used some red ink too?

[reallymadwoman]

Or crayons?

[myusername]

Some one has been busy with their crayons at Lowell's, but I have recieved another useless letter.

 

[myusername]

Update - I have missed three calls today and somehow lowell's now have my home phone number, I have never given this to them in the past.

 

How do you deal with a DCA who constantly tries ringing you.

[sillygirl1]

I answer the phone in Japanese, seriously though you can block their call if you have a phone which allows that, or phone your line provider and they can block the call, especially if you complain about the 'silent' calls.

 

Send the telephone harrassment letter to the DCA concerned, and complain to the OFT and Information Commissioners Office about them.

[huggy41]

you send them this letter here

 

http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

[Bazooka Boo]

Answer the phone, and just say "One moment I'll go get him" then place the phone down on the side and do something more important like watching paint dry.

Keep a diary of events with a view to reporting them to your local Police Station for the criminal offence of harassment, also you MUST make a formal complaint about them to Ofcom.

http://www.ofcom.org.uk/contact-us/

 

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©persistently makes use of a public electronic communications network.

 

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

 

If they can use it against Paul Chambers, then why can't we use it against these fools?

http://www.theregister.co.uk/2010/09/24/twitter_joke_appeal/

 

1 Prohibition of harassment. E+W

 

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

[myusername]

Well the phone calls stopped after the harrassment letter was sent and today have got what appears to be a final letter or so they claim

 

[Bazooka Boo]

Definitely keep a copy of that, for the next DCA foolish enough to buy this lemon, that way then, you can send them the copy of this, and highlight, that before Lowlifes closed the account they generously cleared your alleged outstanding balance for you, that way if they believe you owe anything, they should take it up with lowlifes, as they have stated they paid it.

Well thats how I would interpret their letter...

[unclebulgaria67]

lowlifes, as they have stated they paid it.

Well thats how I would interpret their letter...

 

I agree, that there cannot be any other interpretation. Lowells have cleared the debt for you.

 

If it was simply case of closing the account on Lowells records, it would show a balance of x amount still being due.

 

If the debt is sold on, I would suggest that you report Lowell to the OFT.

[silverfox1961]

That letter looks like the LeedsLosers have gone all petulant and ended up sucking lemons. a bit like

 

WAH WAH WAH- we can't get no monies-oh sod it, lets go play with someone else