Jump to content


  • Tweets

  • Posts

    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lowell & recon Credit Agreement from 1999 not signed - help pls


debtangel
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3559 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Lowell have purchased an old B'card credit card debt which I took out in 1999.

 

I put in a CCA Request in January and have today received a reply.

 

They have not sent any sort of copy of agreement,

and have only put my old address on a blank piece of paper with underneath saying

" YOUR RIGHT TO CANCEL:

Once you have signed this agreement you will have for a short time to cancel it.

 

Exact details of how and when you can do this will be sent to you by post by us", attached was some T & Cs for Barclaycard.

 

The reason this is urgent, is that Lowell have sent a stat demand for a different debt.

 

I thought with the card been taken out in 1999 they had to send a signed credit agreement?

 

 

 

LETTER FROM LOWELL

 

We are in receipt of you recent request for a copy of your agreement.

 

Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the Consumer Credit Act 1974 we are not obliged to send you an exact copy of your signed agreement. We are permitted by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed.

 

We are also enclosing copy statements for your perusal and retention. Please be advised that the o/s balance shown on these statements does not match the o/s balance. This is due to the fact that they are only upto Aoril 2010 and our account was opened on 5 December 2011.

 

We would also confirm the following information as requested by the above act

 

Balance payable on your account £xxxx

Current state of your account : Defaulted

 

As we have now fully satisfied our obligations required following your request under section 77/78 of the consumer credit act 1974, we look forward to receiving your proposals for settlement of the account within the next ten days.

 

 

 

LETTER FROM BARCLAYCARD

 

I refer to your request for information.

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the *Act*) is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred in it) and a statement of the account.

 

I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) if the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement may differ from those with discussed with you, due to the current status of your account.

Link to post
Share on other sites

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Also they need to send you a TRUE COPY of the agreement you signed with all the PRESCRIBED TERMS terms on them

 

Lowell are a total waste of space in inferring an agreement is enforceable when it is not and need reporting to the OFT

Edited by squaddie
Link to post
Share on other sites

You should have a read round other threads in respect of Lowells and Stat Demands.

 

When was the last payment made to this account.

 

If they haven't fulfilled your s78 request then this a reason to apply for set aside.

 

Is there any other dispute on the account with Barclays.

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

The Stat demand isn't in respect of this debt, it is in respect of an MBNA debt. I'm sorting that out.

 

I could do with someone to help me reply with specific wording I should be using please.

Link to post
Share on other sites

The Stat demand isn't in respect of this debt, it is in respect of an MBNA debt. I'm sorting that out.

 

I could do with someone to help me reply with specific wording I should be using please.

 

Sorry, I am confused.. you want specific wording for the Barclay card issue ?

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent

 

There is a draft letter in the link above that you can send in response to a "questionable" agreement.

 

Any reconstruction needs to be "truthful and accurate". From what you say, yours isn't.

 

You should also have received.

 

Terms and conditions from both inception and currently

A statement of account.

 

If you did not receive those as well, then your s78 request has not been complied with.

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

Try it yourself to begin with in formulating a response, its so you understand it

 

If i do it then i will start to use legal terminology, they need to see the response from the normal man in the street

 

say

 

Thank you for your letter dated xyz, enclosing your copy of my barclays credit agreement as to my section 77/78 CCA request

 

I need to inform you that i consider you have not complied with my request in that the agreement you sent me is not a true copy of my original credit agreement with Barclay's. The copy agreement contains no prescribed terms. Until you facilitate my request i consider this account to be in dispute .

 

I require a copy of your complaints procedure in that you are stating an agreement is enforceable in a court of law, when it is obviously not

 

Something along those lines BUT SEND RECORDED DELIVERY

Link to post
Share on other sites

Lowell have purchased an old B'card credit card debt which I took out in 1999.

 

I put in a CCA Request in January and have today received a reply.

 

They have not sent any sort of copy of agreement,

and have only put my old address on a blank piece of paper with underneath saying

" YOUR RIGHT TO CANCEL:

Once you have signed this agreement you will have for a short time to cancel it.

 

Exact details of how and when you can do this will be sent to you by post by us", attached was some T & Cs for Barclaycard.

 

The reason this is urgent, is that Lowell have sent a stat demand for a different debt.

 

I thought with the card been taken out in 1999 they had to send a signed credit agreement?

 

 

 

LETTER FROM LOWELL

 

We are in receipt of you recent request for a copy of your agreement.

 

Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the Consumer Credit Act 1974 we are not obliged to send you an exact copy of your signed agreement. We are permitted by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed.

 

We are also enclosing copy statements for your perusal and retention. Please be advised that the o/s balance shown on these statements does not match the o/s balance. This is due to the fact that they are only upto Aoril 2010 and our account was opened on 5 December 2011.

 

We would also confirm the following information as requested by the above act

 

Balance payable on your account £xxxx

Current state of your account : Defaulted

 

As we have now fully satisfied our obligations required following your request under section 77/78 of the consumer credit act 1974, we look forward to receiving your proposals for settlement of the account within the next ten days.

 

 

 

LETTER FROM BARCLAYCARD

 

I refer to your request for information.

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the *Act*) is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred in it) and a statement of the account.

 

I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) if the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement may differ from those with discussed with you, due to the current status of your account.

 

what does your cra file say about this 'debt'?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

CRA = Credit Reference Agency..

 

Equifax - Experian - CallCredit.

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

what is the defaulted date in the summary

 

and when did YOU last make a payment?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Debtangel,

 

So the debt is nowhere near being Statute Barred - that'll be October 2015 or thereabouts.

 

Lowells or any instructed solicitors should be unable to take court action with what they've produced so far as a credit agreement. Or, if they take such action, you have a good chance of successfully defending.

 

Have you any penalty charges and/or PPI charges on the a/c. If so, you can reclaim these to reduce the balance owed. You can claim compound interest on penalty charges and this can greatly increase the amount you claim from BC.

 

If you don't have all your a/c statements for the last 6 years, get them by sending a SAR to BC by Recorded Delivery.

 

If you have the statements, go through them checking for penalty chgs and PPI.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

hi debtangel,

 

Write to Lowell and say that you would refer them to the Waksman Judgment in HSBC v Carey, paragraph 234 (4) which states that "if an agreement has been varied by a creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

 

(Obviously every time they have changed the interest rate, charges or something similar, they have varied the terms.)

 

Tell them that in order to comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) they have an obligation to advise you if they hold the original agreement for this account and equally they have an obligation to inform you if they hold no such agreement.

 

Tell them that you will be forwarding their response to the Office of Fair Trading and the Financial Ombudsman Service.

 

DD

Link to post
Share on other sites

  • 2 months later...

Hi there an update and further help if possible?

 

There is no PPI as someone asked above.

 

I included a view of your remarks into my letter inc the case mentioned in the last post.

 

TO CLARIFY AS I HAVE NOT UPDATED THE THREAD FOR A WHILE; THE SUPPOSED RECONSTITUTED CREDIT AGREEMENT WAS A PIECE OF PAPER WITH MY NAME AND PREVIOUS ADDRESS ON, NOTHING MORE.

 

REPLY FROM LOWELL

 

1. The original signed agreement need not to be supplied as a reconstituted copy of the agreement is sufficient provided it contains the name and address of the person as it was when the credit agreement was signed and

 

2. The terms and conditions of the credit agreement have been varied following the date entered into then a copy of the last varied terms should also be supplied.

 

In summary the information that has been sent to you in response to your section 77/78 request complies with all legal requirements and regulatory guidance and we are not aware of any other query you have against this account.

 

They have given me two weeks to respond.

 

Helllllllllllllllp please

Link to post
Share on other sites

Other people will comment and jump in as this is not really my area

 

My suggestion, and only my suggestion is to attack the agreement on prescribed terms

 

As the agreement is dated before April 2007, s.127 (3) of the CCA 1974 will be applicable

 

What agreement was this, loan, credit/store card??

Link to post
Share on other sites

as its a credit card from 1999 they WILL need the org signed copy

 

a recon is NO GOOD.

 

send the failure to comply letter

 

stop payment if you are making any

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Have they actually issued a claim ?

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

Hi debtangel,

 

You need to reply and ask them again for the agreement in a different way. Lowells are a little inclined to issue SDs and you want to avoid that because this is their tricky way of trying to get judgment without proof

 

There is no hurry.

 

I will come back to you in the next few days.

 

DD

Link to post
Share on other sites

hi debtangel,

 

you need to reply and ask them again for the agreement in a different way. Lowells are a little inclined to issue sds and you want to avoid that because this is their tricky way of trying to get judgment without proof

 

there is no hurry.

 

I will come back to you in the next few days.

 

Dd

 

cputr 2008???

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...