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Ron 2015

Lowell Co Op Illegible CCA & wrong default / termination notice.

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Hello all,

 

Its been quiet for me the last two years , it all went wrong in early 2009. By the end of 2011 most of my debts were settled and its been very quiet since.

 

I was defaulted on a Co Op cc at the end of May 2009 and then a termination notice at the end of June 2009( they gave enough time I think). However the amounts differ by over £200 on each notice.

 

Q1. Do the amounts quoted on deafault and termination notices need to be the same?

 

Also I have a copy of the CCA that they sent me back in 2009 and in its not legible. Its a very poor photo copy ( micro fiche ? ) and parts are missing where the copier has incorrectly scanned.

 

Some parts can be read with a magnifying glass but some parts are not legible.

 

Q2. Will they be sucessful in obtaining a CCJ against me if they have only provided an illegible CCA?

 

In the recent letter from Lowell they say they have purchased the debt from Co Op , But the Co Op letter says that it has been assigned ( both letters in the same envelope.

 

I will wait until Lowell do something before I take any action , but I wanted to know the answer to the above two questions. I half expect Lowell to try a SD which I should be able to set aside.

 

But as I am not upto date is an illegible CCA and differeing amounts on the default and termination notices enough to protect me in court?

 

Incedentally the amount being claimed now is significantly different from both the termination and deafault notices , is this relevant?

 

Also , I had a heart attack last October and I had Angioplasty ( not looking for sympathy ) can I use this to any advantage. This debt will go statute barred in Feb 2015.

 

Thanks


Debts settled £135K

discount so far £68K :)

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1. Default notice applies to amount in arrears, termination notice referes to total outstanding balance.

2. The agrrement supplies must be easily legible.

3. They may well be able to convince a judge that the debt is enforceable by producing a recon agreemet and or a more readable copy.

4. Sold/assigned are the same in this context.

5. It appears charges have been levied,

 

6. A SAR to the CO-op will get you all the details held on the account.


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Ok, Lowells are indeed extremely litigatious and have been issuing Statutory Demands like confetti over the past 6 months. So it will be in your interest to start obtaining as much data on this account as you possibly can.

 

Assigned / purchased.. either way, Lowells now own the debt and they will want their pound of flesh, believe me !

 

There would have been a period of time between the Default Notice being issued and the Termination Notice being sent so there would likely be a discrepancy by way of charges and interest between the two notices.

 

The Co-op werent always accurate with their DNs so if you are able to scan that in and post if up for us to look at - minus any personal detail, reference numbers and barcodes then that would be very helpful.

 

The agreement - if it is not legible then that is cause for dispute as you are not able to confirm that all the small print/ detail is as it should be . So you should now consider sending Lowells a CCA request.

 

When you made the original request to the co-op, did you receive along with the copy agreement; a statement of account and terms and conditions from both inception and at default ? If not, then they did not fully comply with your request and it is already in dispute.

 

If you are unable to scan up the DN, can you please let me know as I will have a whole bunch of questions to ask you about it :lol:

 

However, if you follow the instructions below, barring your not having a scanner, you should not have any problems.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

Do you know if there are any default charges on the outstanding balance. Did you have Payment Protection Insurance - this would almost likely be mis sold.

Was this account a loan that morphed into a credit card account or has it always been a credit card ?

 


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just so you know what to do if a Stat Demand IS issued, then have a read of this successful set aside.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?371191-Lowells-Statutory-Demand-(Capital-One)-***-WON-COSTS-***


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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What amounts are owed??


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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[ATTACH=CONFIG]40790[/ATTACH]

 

Deafault notice , termination notice and a statement !

 

The staement is dated Aug 2009 , sometime after Termination and has a larger figure than termination notice. It includes two £12 deafault charges that form the amount now claimed by lowells.

 

Can they charge deafult sums after termination ?


Debts settled £135K

discount so far £68K :)

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Thanks Citizen and Brigadier. The amount is over 10k.

 

I have had an SD set aside before , the other side did not even attend!

 

I don't know why the courts allow them to use an SD when the county court would be the correct avenue.


Debts settled £135K

discount so far £68K :)

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[ATTACH=CONFIG]40790[/ATTACH]

 

Deafault notice , termination notice and a statement !

 

The staement is dated Aug 2009 , sometime after Termination and has a larger figure than termination notice. It includes two £12 deafault charges that form the amount now claimed by lowells.

 

Can they charge deafult sums after termination ?

The default sum is just arrears so add the rest of the balance = termination figure.

So the fees were added by the co-op?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes the co op have added fees post termination. And its this figure that Lowells are persuing now.

 

To make it clear using fictional figures.

 

Co Op deafault me showing £15,211

 

30 days later

 

Co op Terminate showing £15,311

 

two letters from Co Op in 08/2009 showing £15,533

 

Statement from co op in 08/2009 showing £15,636 ( with two £12 defaults )!

 

Its this last figure that Lowells are quoting and I am thinking it may be wrong as I do not think you can add default sums post termination . but I may be wrong.


Debts settled £135K

discount so far £68K :)

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OK CCA request to Lowell, for a start.

A SAR to CO-OP is probably the only way to get any information.

 

With the CCA request also send a short letter telling them that the figure they are claiming is wrong and that you do not acknowledge any debt to Lowell.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Will do.

 

It will be interesting if Lowells/ Co OP provide a differently worded cca than the one I have ( mostly illegible but I can read parts of it with a magnifying glass )


Debts settled £135K

discount so far £68K :)

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what interests me here the most is WHY they sold it!!

 

there must be something seriously WRONG with the

 

paperwork

 

PENALTY charges

oe/and

 

PPI

 

for them to dump a debt of that value.

 

that SAR will be interesting

 

when did you open the card.

 

dx


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Hi DX

 

I took the card out in 2002.

 

I think its the CCA. Its a very poor copy. I know they can reconstitute , but what if they reconstitute it wrongly!

 

What if I compare the reconstituted one with the legible parts of the copy of the original and there are major differences!

 

Lots of egg ( pun )on their face if this where to happen.

 

Better to get some money from Lowell who don't care .


Debts settled £135K

discount so far £68K :)

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Well if they want to enforce and that's all they have then they are stuffed on that front, legible original required.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hmm, now that is very interesting that they have continued to add charges and interest after termination. It usually stops at that point!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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what does the cra file say?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Im the same as you very quiet and today had the same letter as you. I have a cca that is very poor and a default notice that was for 14 days only no allowance for postage I also have a termination notice issued the same day as the default.

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Claimant precluded from enforcement until compliance with a CCA request - copy must be legible.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I'm in a similar boat to you - received the Lowell letter saying they've bought the account. Thing is, the CoOp couldn't provide an agreement at all and sent me a letter saying as much, so I haven't heard from them or their DCAs for over a year.

 

I guess I need to send them a CCA letter to see what they have?

 

Good luck to you all too!

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or just send them a copy of the co-op letter?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Can you please let me know the date of the Default notice and the date by which they say you need to remedy the default (pay the arrears)

 

Can you also le me know if there is a clause 7.2 on the agreement they sent you and if it relates in any way to making payments/defaulting etc..

 

Was there any PPI on this account ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi dx, Yeah - I was thinking that but it might be nice to know if they've managed to unearth anything else.

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Hi how are you getting on with Lowells as my case is exactly the same as yours.

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Hi how are you getting on with Lowells as my case is exactly the same as yours.

If you need advice on your case it would be better to start your own thread.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for all the help.

 

I have just received a final letter from my good friend Samantha Barnard at Lowell.

 

As the Co Op cant find the agreement , Lowell are closing my account until such time as they find the agreement.

 

So I think I have won , ( five figure debt ) .

 

Thank you CAG , Co Op , Lowell and Samantha Barnard.

 

I shall follow their advice on step 1 on the letter and DO NOTHING AT ALL.

 

Cheers

 

Ron


Debts settled £135K

discount so far £68K :)

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