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lowell round 2


timtjtjb
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Could anyone help me please, I emailed lowells on the 21 with the following letter

 

21 Oct. 13

Dear Sir or Madam

Re Account/Reference Numbers:-

1. Account ref removed - Lloyds £875.16

2. Account ref removed - Orange £168.18

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the above accounts, together with any other documentation the Act requires you to provide.

 

I would like this to be sent by normal post.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.

Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Today I received the following through the post:-

 

Thank you for your recent letter.

We note your comments and advise that you acknowledged the account by making a payment on 29.10.2012 of £15 and therefore, unfortunately the Limitation Act 1980 Section 5 is not applicable in your case. Please also note that the account was opened on 08.08.2008 and default date is the 21.07.2009 which further confirms the account is not statute barred. Copy statements have been requested from our client and will be forwarded to you upon receipt.

Yours sincerely

 

I know for a fact I haven't paid them any money, but how do I prove it, and I am sure it was before 2008 when the account was opened

thank you in anticipation

Tim

Edited by citizenB
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It is not for you to prove this payment wasn't made.. but for them to prove it was.

 

If they come back to you, then you need to know from them.

 

How the payment was made

 

Bank transfer

Over the counter transaction

Postal order

Cheque

Telephone payment

 

Depending on what method, then of course you would need to know. Cheque number/bank/sort code (the same for any bank transfer or over the counter transaction)

 

Telephone payment you would want to know the time and date of the call and the Debit card details.

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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

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The account would have had to have had no payment or acknowledgement of liability since around September 2007 for it to be statute barred if you are in the UK.

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

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Let them prove that the payment was made by you. Request that they send you clarification of the accounting (How the payment was made, where the payment was made from, the date of the payment etc etc). I've heard that debt purchasing companies can be sneaky by crediting accounts with small sums of money when they become close to becoming statutory barred under law.

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Why did their response mention the limitation act when you didn’t mention it in your original email? Strange.

 

Also, if one of the alleged accounts is ex-Orange, for a mobile phone contract, then the CCA won’t apply.

 

Could do with a lot more information on these accounts. As IHB said above, if it’s a credit card, simply call Lloyds and ask for the opening date, default date, default balance, date of sale and balance sold on.

 

Are Lowell claiming you made a payment to them, or to Lloyds? When do they claim to have been assigned these accounts, and have you received Notices of Assignment?

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I sent lowells a request for copies of the credit agreements in ralation to the above accounts, these are the letters i received from them today

 

We are in receipt of your recent written request for a copy of your executed credit agreement under section 77(1) and / or 78(1) of the consumer credit act 1974.

Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the Consumer Credit Act 1974. Our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and useage of the equipment is taken as acceptance of the terms and conditions of the contract. Telecommunications accounts can be obtained by telephone, over the internet and by mail order and therefore, we are not obliged to provide you with a copy of any such agreement.

The terms and conditions of telecommunications contracts are considered binding upon insertion of the SIM card.

The account relates to an o account with the ref num 7****** for a mobile with the number 07******** which was connected on the 22nd October 2009. We have requested statements from the original creditor which will show you how the balance requested is made up. These will be forwarded to you upon receipt.

Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require your proposals for repayment.

yours sincerely

 

 

2nd letter

We refer to your request for a copy of your original credit agreement in accordance with the provisions of the section 77(1) and / or 78(1) of the consumer credit act 1974.

This account from which the above amount is due relates to a bank account that you held with l****. Whilst this account is a regulated agreement i would refer you to Section 74(b) of the Consumer Credit Act 1974, whereby any requirement to supply a copy of the agreement is exempt for current bank accounts.

We have however requested statements from the original creditor which will show how the balance we have requested is made up. These will be forwarded to you upon receipt.

Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require proposals for repayment.

Your sincerely

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I received a letter yesterday from moorcroft saying they have been instructed by lowell to collect the £168.18, can they do this if the account is on hold?, i emailed lowells asking them to inform moorcroft of this fact and lowells have said to deal with moorcroft! so whats my best move now please? thank you

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The answer to your question is No.. !! they cant.

 

Simply respond to Moorcroft along the lines of the following. ...

 

 

 

Dear Sir or Madam (or named person)

 

Reference/account numbers.

 

I am in receipt of your letter dated DATE.

 

You claim to be in receipt of instruction from Lowells to collect a disputed debt. This is rather surprising regarding a letter I have received from Lowells that contradicts your statement by advising me "They have placed the account on hold until they have resolved a dispute".

 

Perhaps you would be kind enough to send me a copy of that instruction in order that I might take this matter further with Lowells.

 

Yours etc..

 

 

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

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  • 3 weeks later...

Hi all, have just received the following letter from lowells.

 

We write in respect of the above debt, which, as previously notified in writing we have purchased from L. We would advise that the nil balance shown on the statement relates to when L. removed this account from their system in preparation for the sale to us. This does not mean that there has been any payment received against the account or that your liability for payment has been removed.

Please be advised that the outstanding balanance shown on the enclosed documentation does not match that of the outstanding balance above. However L. have forwarded a further statement showing all payment made to Westcot after account closure. These have been deducted from the outstanding balance.

We are now entitled to receive payment of the balance of £875.16 from you and enclose a copy of your statement as requested.

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice

yours sincerely

james crabtree

customer services manager

 

There are 20 pages of statements from Lloyds the 1st entry being 13 aug 08 and the last 15 jul 09

also attached to the last page was the following

29/10/2012 25/10/2012 pay 684 payment from westcot -15.00 -40.00

01/10/2012 27/09/2012 pay 684 payment from westcot -25.00 -25.00

22/06/2010 21/06/2010 WRO 461 BAD DEBT ACCOUNT TRANSFER -915.16 0.00

 

any help would be appreciated

thank you

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