Lowell via Buchanan Clark + Wells CCJ Threat

[Boro-man]

Hi All,

 

This is a long running dispute with Lowell, first prove it letter I sent them was Dec '09 requesting a CCA, Statement of accounts and Notice of Assignment. I only received a CCA 6 months later, which isn't proof at all as I was able to request the same document from CapOne providing nothing more than an account number and £1. There has been no proof provided as to the amount of monies owned or that they own this alleged debt. I have had various recorded delivery letters back and forth between Lowell and Bryan Carter (previously "appointed" solicitor) in which I clearly stated the account was in dispute. Now I've recieved another CCJ threat from Buchanan Clark + Wells acting on behalf of Lowell, I'm just wondering what action to take?

I have half a mind to fight this as they have dragged their feet for well over a year since my prove it letter I don't think they have anything beyond a signed CCA, I have bank records from the time showing I had been paying the card off regularly each month. However the other option is keep my head down as the debt is 6 months from being statuate barred.

Any advice is welcome.

 

Also if I do call their bluff do I have the right to request and CCJ/court proceedings get done in my local court?

 

Thanks all

[maroondevo52]

Thread moved.

[Boro-man]

Sorry, wasn't if to post in here or the general debt forum. Sods law: when faced with 2 choices you always pick the wrong one

[Tingy]

Why not send the following under CPUTR 2008. They then have to answer honestly whether or not they hold the original, which of course would be important if they wanted to go to court:

 

Dear Sir

 

Ref:− Your letter of XX December 2010. Your Ref xxxxxxxxxxxx

 

I do not acknowledge any debt to your company

I refer to your letter dated dd/mm/yy and now formally request, under the Consumer Protection From Unfair Trading Regulations 2008 (specifically regulations 5 and 6) and the Office of Fair Trading Guidance on debt collection that you confirm whether you currently hold or have ever held a properly Executed Credit Agreement pertaining to the above account and if so please forward a copy to me by return.

If YOU DO NOT have a signed, properly executed Consumer Credit Act Agreement pertaining to myself, then I require written confirmation by return (CPUTR 2008 reg 5 and 6).

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with such a request.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from the original creditor

4.Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves or any agent or associated company or organisation is made in writing only to the above address or by e-mail. telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both The Information Commissioner and The Office of Fair Trading (OFT).

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

 

If you do not understand what this means then I would recommend you seek appropriate independent legal advice.

Yours faithfully

[Boro-man]

Are you saying to send this to Buchanan or Lowell?

[Tingy]

Who owns the debt? That's who you need to send it to. If unsure, for the sake of a stamp, send it to both!

[Boro-man]

OK Thanks for that it's done, can anyone advise me on what my legal rights are to getting the any CCJ proceedings moved to my local court?

[harrassed senior]

If you notify the Court that you will be defending the claim, (once it is issued of course), then it should automatically be transferred to your local Court.