Jump to content


hollysmum

Lowell chasing Argos card debt payment

style="text-align:center;"> Please note that this topic has not had any new posts for the last 718 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Catherine.

 

This is highly typical of Lowell. In fact I was at this stage a couple of Months ago with them, from a Next Debt. In my situation they went a stage further and sent an agreement with my signature on. It was actually more like something a 5 year old could put together on word. I would expect this to follow soon! Let me show you the text of the Email I sent them that got them to close the account and mark the debt as paid on my Credit file. If they are not sending you constant threat o grams then that part of the complaint is irrelevant . Right now they haven't given you what you asked for which needs to be at the very least is a reconstituted agreement. This needs to be legible, and have dated terms and conditions that were in force at the beginning of the agreement. On the correspondence there should be a complaints email address, which they are actually surprisingly good at responding to, providing you qoute the agreement numbers etc in the subject line. I would wait a few days to see if the so called agreement arrives before sending anything.

 

This is the second Lowell debt I have had closed this year, and I might get flamed by some more experienced heads on here, but I was on the phone to them all the time following up agreements etc I wouldn't recommend it but I think it helped waste a lot of their time, further contributing to their decision to close the accounts. (Forgive me but I enjoyed winding their agents up)

 

Dear Liam

 

Thanks for your reply,

 

Re - Your Findings

 

I refer you the Financial Conduct Authority (FCA) hand books in relation to S.77, S78 and S79 of the CCA. Please feel free to look this up yourself

 

1. (1)

Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

 

2. (2)

In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

3. (3)

In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

 

 

I'd say the letter you sent out on 4th July 2017 (plus several others) ' Close your account for £446' might be seen by a judge as number 1, 2 and 3 on that list. Looks like 'enforcement' to me.

 

Moving on to the 'agreement' you have sent me. I understand that under a post 2007 agreement you are entitled to put together a reconstituted agreement, but what you have sent me is illegible. OFT Guidelines below.

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

You have also breached the following guidelines by trying to mislead me into believing this is not a reconstituted agreement. No original document would be lacking a date either on the agreement or in the T&C's. You have failed to provide any evidence that these T&c's were valid at the beginning of this agreement. As an aside I have never seen an actual agreement without a credit limit !

 

1. (2)

The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

 

My conclusion

 

Right now I am at a total loss as to what this debt is all about, I've asked you to produce evidence of this alleged debt. I've asked for a copy of the original agreement, and have finally received something a 5 year old could have cobbled together in an English lesson. During this period you've been harassing me and sending payment demands and illegally sharing my data with third parties ie CRA's. I now feel like you are trying to extract money with menaces. Unfortunately the only option for me is to move forward with an Financial Ombudsman / Information Commissioner complaint

Share this post


Link to post
Share on other sites

Love it, London!! We don't propose to send anything at all to them unless some sort of "agreement" shows up, or yes, an "offer" like the one you received. All that came with the pile of statements was a compliments slip, with reminders of reference numbers on it, not even a date or a contact name.

Share this post


Link to post
Share on other sites

id not be starting pointless letter tennis


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 

 

Share this post


Link to post
Share on other sites

Absolutely not, dx - we don't propose to send them anything unless some sort of "agreement" shows up, or they send some sort of other communication. There was only a compliments slip with the pile of statements with reference numbers on it, no name or date.

Share this post


Link to post
Share on other sites

I agree DX100UK but, I wanted this off my credit file, and now it is! If I wasn't trying to get a mortgage in the next year or so I would have left it alone. I've also been terribly bitten by backdoor CCJ's in the past so am perhaps a little more aggressive than needs be.

Share this post


Link to post
Share on other sites

rarely do we see debts being removed because a dca has no enforceable paperwork

there is usually another reason for them doing it.


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 

 

Share this post


Link to post
Share on other sites

Yep I am a suspicious so and so about those Lowell slime buckets.

 

1. Both debts were pretty small £400 and 800 ish respectively.

2. The first one really didn't have any paperwork, and I also probably cost them more than that in time with my pnonecalls

3 The second's one agreement was genuinely terrible, I cost them loads in calls and it was going to leave my creditfile in July '18 anyway

 

Now I am having a lot more difficulty with Cabot and Capquest right now, and those debts have years left to run.

Share this post


Link to post
Share on other sites

Caboot are easier to see off than Lowell .....I assure you:-)


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

And a further little update!

 

 

Following receipt of the chunk of statements, but no copy of an agreement,

my husband has received a "follow-up" letter from Lowlife,

 

 

saying that, as they have now complied with his request,

they would put the matter on hold until 24th September, and wait to hear from him.

 

 

Quite apart from the fact that no agreement has arrived,

the statements didn't arrive until more than 100 days after his CCA request,

so we don't see how they've complied at all.

 

Please could you advise me how best to deal with this latest letter?

Thank you so much. Catherine.

Share this post


Link to post
Share on other sites

ignore

they've not complied

 

 

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 

 

Share this post


Link to post
Share on other sites

With the greatest pleasure, dx! Andyorch - it's just what they say in their letter - I presume that they mean that they won't "progress" anything their end until after 24th September, but then, who knows?

Share this post


Link to post
Share on other sites
With the greatest pleasure, dx! Andyorch - it's just what they say in their letter - I presume that they mean that they won't "progress" anything their end until after 24th September, but then, who knows?

 

There is nothing to progress except further mind numbing letters of threat and harassment...the only time you take this crew seriously is if and when they issue a court claim...the rest you can completely ignore.


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Cheers, andyorch - I was fairly sure that "filing" it was the best thing. No doubt there will be more tripe from them in future with regard to this - we feel far more confident about dealing with it, thanks to all of you. Catherine.

Share this post


Link to post
Share on other sites

Yet another little update

- as I suspected,

Lowell have jumped in with a letter reminding my husband that they sent him absolutely nothing like what was requested on the CCA (and nowhere near within the time limit), and that they had expected to hear from him regarding how he proposed to pay off "his" debt.

 

I'm inclined to do nothing about this,

since they must know that they've not complied,

 

but the only thing bothering me is that he's just out of hospital (yet again),

and I don't want him to be stressing over something like this.

 

Can I reasonably tell him that we should let things lie for the time being?

 

Thank you all yet again.

 

Catherine.

Share this post


Link to post
Share on other sites

Nothing to do. It is just a standard letter. Lowells don't often respond to letters and just file them. Why give them any details of arguments you might make about the CCA they sent.


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Post 38 applies


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 

 

Share this post


Link to post
Share on other sites

Indeed - thank you so much dx, as always. I just wanted to be able to reassure hubby, really.

Share this post


Link to post
Share on other sites

My husband received a letter from Lowell at the weekend offering him a 30% discount. Am I right to assume that he should continue to ignore them at this point?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...