Lowell and BC debt

[Tingy]

I would imagine they could well have tracked you down. A friend of mine works in the insurance fraud industry and you'd be amazed how many people they trace through social networking sites.

 

 

Unusual for me, I always advise to ignore the first letter totally and see IF they contact you again. If they do I would be inclined to CCA them. Have you received any details of assignment for Barclaycard - you should have. Are you sure Lowells have bought the debt and not just been assigned to collect it on behalf of BC? These details are relevant as they have a bearing on what advice you will be given.

[Tingy]

Consumer Credit Agreement. It sounds as though they have had an absolute assignment (bought the debt) rather than an equitable assignment (got the rights to collect the debt on behalf of the OC). I'd still ignore this first letter, if they send another then send the CCA letter to ensure they have everything in place to collect it legally. If they can't produce this (they have 12+2 working days in which to respond from the day of posting) then you can send the letter to place the account in dispute. This means until such time as they produce a CCA they are supposed to stop collection activities and you also have the right to stop making any payments.

[Tingy]

This is my understanding:

 

So I assume this is what you suggest in summary:

 

1) Wait for a second letter Correct

2) If recieved - ask in writing for a CCA letter (I assume this is the equivalent to proof of debt) Send the template letter from this site asking for a true copy of the original CCA

3) Only start on a payment plan once this has been produced...? Yes, BUT they have 12+2 working days in which to respond to your CCA request. If they don't respond within that timescale, you need to write again placing the account in dispute. Send everything first class and ask for Proof of Postage (this is free)

 

As I never entered into a contract with Lowell, and do not with to enter into a contract with them, is there no legal basis I have to get around this..or does assignability to a 3rd party mean I have no choice in the matter ? Unfortunately BCard have every right to sell on your debt via an absolute assignment, and Lowells then have the right to collect it as they see fit.

 

Many thanks

 

Hope this helps,

Tingy

[Tingy]

Yep, that's the letter with the added bit. As said remove anything that may personally identify yourself in previous threads as they do come looking. If we can be of any further help, just ask!

[Tingy]

You might want to add some of this (some of it you already have):

 

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 21 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.

 

[Tingy]

Brilliant - well done!

 

I'd just change the top to this:

 

Dear Sir/Madam,

 

WITHOUT PREJUDICE

 

Re: Reference Number: x

 

As you know I do not acknowledge this alleged debt.

 

My request under the Consumer Credit Act 1974

 

This account is in dispute

 

Keep the rest as it is.

 

Obviously remove Without Prejudice from the end and in my opinion the job's a good one!

[Tingy]

Basically until they come up with an agreement, you have nothing whatsoever to say to them.

[Tingy]

Coledog is absolutely right, but personally I'd be inclined to save my £10.00 and SAR IF they come up with a CCA Agreement.

[Tingy]

I really wouldn't. Ultimately it has to be your call, but my advice, for what it's worth, would be to leave everything as it is and wait to see if they comply with your original request.

[Tingy]

As I said, ultimately it is your decision. All anyone on here can do is offer what they consider their best advice. There are times when we're wrong - maybe this is one of them, but I stand by what I said still. Good luck in whatever you decide!

[Tingy]

Anthony,

If you really really want to go this route, search on here for the thread "Turning the tables on DCA's" It's all about this exact issue and some people have done it with success - there's template letters etc... on the thread, but it's a lot of reading. It doesn't involve taking the DCA to court, but it does involve charging them for your time. Have a read and see what you think.

[Tingy]

I think we all agree with you!

[Tingy]

Permit me to play devil's advocate:

 

1. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court. This is not the case here.

 

2. The Bills of Exchange Act 1882 is a vast document. I am unable to find the piece you refer to, please notify me of the exact part of the act to which you refer.

 

3. You say, "As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now have a lawfully binding tacit agreement, comprising, the following terms:

 

1. That the debt did not exist in the first place;

OR

2. It has already been paid in full;

AND

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule £(3X what they are claiming) for dishonouring our agreement, £1000 per hour or part of it of authorised representatives time nunc pro tunc, £1000 per recorded delivery or any other form of response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is £100 per item payable in advance, place the cheque in the envelope, if no payment is made in advance the fee will rise to £1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe."

 

I put you to strict proof of the above statement as I deny having any legal contract with you.

 

 

 

Can you respond - these are easy questions!

[Tingy]

Anthony - I have spent about 9 hours today alone putting together one part of a prosecution for someone. It is VERY hard work, and honesetly not worth it over this.

[Tingy]

Fantastic. I hold particular respect for people who are willing to listen to advice and change their minds - you did this which is massively to your credit!

 

It is in my opinion highly unlikely that any agreement will now be forthcoming from BC. Just be aware that not everything will stop. If the agreement were to appear, then everything starts up again. Meanwhile they cannot enforce the debt,they MAY ask you to pay it. Just ignore them and file them safely away somewhere.

 

Didn't want you thinking everything would magically stop, it might not, though by the signs of it they do seem to have given up.

 

Well done though, a very good result and all credit to you!