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Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS.


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Hi Folks,

 

Entered into some financial difficulties a while back and the debts are piling up, I have now got Lowell chasing 4 separate debts, so will create thread for each???

 

This one is 118118 a fixed term loan for an outstanding balance of £2485.92

 

I wrote and followed the procedure and requested the CCA and they have responded with the following, I'll type this as my scanner is broken:

 

Dear ********

Thank you for contacting us about this account.

We enclose a copy of your credit agreement with 118 118 money. This is a reconstituted agreement - which includes all prescribed terms as required by the Consumer Credit Act 1974.

We also enclose copy statements.

We have included a Frequently Asked Quesitons sheet which, hopefully, answers any queries you may have regarding these copy documents.

We trust that this now answers your query and look forward to hearing from you to discuss affordable repayment options.

If you do have any further questions, please call us on 03335565733 or email post@lowellgroup.co.uk.

You can also view information about your account(s) on our website at www.lowell.co.uk

Your sincerely

Sarah Sargent

UK Director of Customer Experience

 

 

 

118118CCA.png

Edited by eoghan
Uploaded copy of CCA
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Did you have lots of debt and defaults on your file when you got this...

irresponsible lending complaint time to 118118 if you did

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... 

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well go look

 

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... 

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Clear Score Report:

Creation - 28 November 2016 - £200 still paying

Motonovo - 12 October 2015 - £6100 - still paying

Shop Direct - Now Lowell - 25 May 2016 - £424

Shop Direct - Now Lowell - 9 March 2004 - £727

Marbles - Now Cabot - 6 January 2015 - £207

HSCB CC - 14 November 2016 - £1786

Vanquis - 22 June 2011 - £2739

Barclaycard - 1 September 2015 - £4168

?? - Now Cabot - 9 November 2016 - £1340

118118 - Now Lowell - 11 September 2016 - £2485

 

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are all these defaulted 

that's the important bit...

 

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... 

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Share on other sites

These have all defaulted and are at different stages of comms from the relevant companies:

 

Shop Direct - Now Lowell - 25 May 2016 - £424

Shop Direct - Now Lowell - 9 March 2004 - £727

Marbles - Now Cabot - 6 January 2015 - £207

HSCB CC - 14 November 2016 - £1786

Vanquis - 22 June 2011 - £2739

Barclaycard - 1 September 2015 - £4168

?? - Now Cabot - 9 November 2016 - £1340

118118 - Now Lowell - 11 September 2016 - £2485

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moved to the PDL forum

great stuff then 

go start an IRL complaint to 118118 it will blow lowells claim out the water

 

 

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... 

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  • 3 weeks later...

Hey folks, sending the following IRL Complaint unless advised otherwise.

 

Cheers.

 

Formal Complaint Regarding Irresponsible Lending

Loan Ref: 

I wish to log a formal complaint in relation to irresponsible lending. To begin with, you should formally be aware, the FCA took over regulation of the credit market from April 2014 and then imposed caps on all high-cost short-term credit (HCSTC) in 2015.

These rules were set up to stop irresponsible lending and they included;

1.    Affordability checks for every credit agreement to ensure that only customers that can afford a loan can get a loan
2.    Rollovers:
a.    Limiting Rollovers to two;
b.    Limiting the number of attempts a payday lender to use CPAs to pay off a loan, to two;
c.    Information on where to get free debt advice will be given to every borrower that rolls over a loan
3.    Treat customers in arrears more fairly
4.    Do not relend to customers who appear to have taken numerous loans in a short period
5.    Report information correctly to the CRAs & limit daily interest to below 0.8% per £100.00 borrowed
6.    Default charges limited to £15.00 or less / Can only be applied once per loan

But also, the FCA stated that lenders should implement their own policy and change how they lend to customers. Well I believe you failed because:

1.    Before you were lending to me as shown in the statements provided by your company
a.    You did not do appropriate checks , should you have used the appropriate due diligence, you would have seen that I was under a tremendous amount of financial pressure with other loans that would have made this loan unaffordable
b.    Should you have done the appropriate affordability checks at the time of the loan, you would have seen I would have had more than one loan on the go and therefore a large proportion of my outgoings servicing already existing accounts
c.    On my credit file, I cannot find any searches that had been completed by at said time of loan being offered. While the searches may have disappeared, I would have expected to see some evidence that your firm did a ‘hard’ search to check my financial commitments
d.    I was using these other loans to pay off other loans to ‘companies’ and this ended up creating a spiral of debt

I am bringing this to your attention because I believe that you as a lender did not treat me with Due Respect or use Due Diligence and have allowed me to get into this position. I would also expect a company to check bank statements as part of their underwriting criteria, again you as a lender failed to request or examine any of my statements at the time the loan was offered.

I am also aware that lenders may not have used Credit Reference Agencies before regulations came in. However, although CallCredit was the main agency that firms did use if they did, I would still expect to see some form of credit check completed.

I await your response on how this complaint can be resolved by your company.
 

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looks to be like ours with the right questions

let others comment.

 

as for your other debts ..hope a CCA request etc has been action and you are not blindly paying a DCA without checks.??

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... 

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You also need to see notices of assignment under section 139 of theLOPa 1925, lso default notices under the CCA section 87 for all accounts sold to Lowell's.

 

136Legal assignments of things in action.

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

Please supply a copy of the default notice issued under section 87 of the Consumer Credit Act 1974. You will be aware that under the Act, a default notice is required before an action can be brought or account terminated.

In addition, a notice under the LOPA is required before an account can be assigned.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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those are for later

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... 

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  • 1 month later...

Question guys -

 

If the alleged loan was applied for online and a "digital signature" was used to complete the application, what then constitutes an original CCA as it won't be like a paper based one that has a 'wet' signature. 

 

As Lowell appear to have a copy of the online application what would they be expected to bring to court and would the document they have be enough for them to win? Or am I missing something in my knowledge on this?

 

Thanks.

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forget wet sig thing..that FmToL twaddle

 

did you get that IRL complaint running?

 

 

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... 

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Share on other sites

have you told lowells this debt is subject to a serious complaint in writing?

its been more than 8 weeks now?

chase 118118 up about it..

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... 

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Share on other sites

No I haven't, I'll get on that.

 

Is there a templated letter? ANything specific for example I should be saying beyond the IRL and it's been over 8 weeks?

 

Cheers.

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ring 118

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... 

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Share on other sites

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 The National Consumer Service

 

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

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  • 3 months later...

Update:

Still haven't heard from 118118 and now Lowell have apparently handed over the collection of this to a company called Lucas Credit Services.

 

Their letter states:

 

Dear *******

 

Our client Lowell has asked us to deal with 2 accounts that have been outstanding for some time. The total overdue amount due is £2910.67 and our client has instructed us to contact you regarding these debts. Their notice to you regarding this is enclosed. Details of the accounts which make up the total balance outstanding can be found on the back of the letter from Lowell.

 

Please make payment to us to bring this matter to a conclusion. Alternatively, if you are unable to make payment of the full amount outstanding, please contact us to discuss an affordable repayment arrangement to suit your personal circumstances. if there is a reason you're unable to do this, please tell us now.

 

If we do not hear from you to discuss this matter or receive your payment within the next 10 days we are instructed by our clients to refer this matter to their solicitors, Lowell Solicitors Ltd to commence legal action.

 

If you have a valid reason for withholding payment, please contact us with full details in order that we can work with you to resolve any issues. The Court will expect the parties to have attempted to resolve any dispute prior to the issue of proceedings.

 

In order to avoid legal action please contact us without delay on **** or pay £2910.67 by 01 SEPTEMBER 2019.

 

You can pay online ****

 

Sincerely 

Signed as "Lucas Credit Services"

 

Letter from Lowell enclosed with the Lucas letter:

 

Dear ******

 

We note that 2 accounts which you have with Lowell have not been paid. The accounts that are due are listed overleaf.

 

As you have failed to make arrangements to repay your accounts, they have now been sent to Lucas Credit Services, who are one of our approved Debt Collection Agencies.

 

They will contact you regarding payment of the total balance of £2910.67 and all contact should be referred to them with immediate effect.

 

You must call them on ******

 

Address info here for Lucas

 

If you have any questions on this letter, please call Lucas Credit Services.

 

Yours Sincerely

 

CW

UK Chief Operating Officer

 

___________

 

Have they sold the debt to Lucas?????

 

I sent an IRC to 118118 on the 16 April and they haven't responded to that, so I have uploaded a copy of that letter to the FOS and made that complaint. The other account from the Lowell document is the ShopDirect account on another thread. I have now written an IRC and will post that today. 

 

So what do you think my response to Lucas should be?

 

Quick email stating that there is an IRC complaint with 118118 and that is now with the FOS?

 

Thanks guys.

 

 

 

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Ah you mean an irresponsible lending complaint

Lucus are Lowell

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... 

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Share on other sites
  • 3 months later...

Hi Folks,

 

118 have finally come back with a response to the Irresponsible Lending Complaint.

 

Here's the transcript:

 

Thank you for taking the time to contact us. I have now investigated your complaint fully and would like to apologise for the inconvenience this may have caused you.

 

I understand that you are unhappy that we approved your loan application; you feel that we were irresponsible in doing so.

 

I can confirm that when you applied for the loan via our website, you were taken through extensive questions to ascertain your circumstances. When submitting the application you are asked a number of different questions around your income and expenditure, the reason for the loan and employment details.

 

Once an application is submitted it is reviewed not only by our system and assessed against our scorecard but also, where required, manually reviewed by our Underwriting team. We use industry standard verification checks to validate the information provided by you on the application.

 

In addition to the above, during the application process all of the loan details such as loan amount, interest charge, monthly repayment, APR and loan terms amongst other things were explained to you. During the application process you were also asked to confirm if you felt the loan was affordable and whether you were aware of any future changes to your circumstances which could affect your ability to afford the loan.  In addition, you are also asked whether you are within or considering entering into a Debt Management plan, IVA or Bankruptcy – if you had told us that you do not feel the loan repayments are affordable, there may changes to your circumstances which could impact your ability to afford the loan or you confirm that you are within or considering entering into any of the above, we will not proceed with the application.  

 

All of the above steps are taken to try to ensure, in line with the FCA rules in CONC, that potential applicants are creditworthy and can afford the loan they have applied for / have been offered by us.  

 

With the above point in mind regarding you being asked if you think the loan is affordable, I am concerned that you now state that you did not think this was the case.  I would like to draw your attention to the declaration that you signed as part of their loan agreement which states:

 

“You declare that at the time of Your application:

 

All the information about You and all other information is true and complete and that You realise that We rely on this information in agreeing to make a loan available to You.”

 

In addition, as part of the application form you completed to apply for the loan with us, there is a statement just above the button you clicked on to submit the application which states “If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies…” Similar wording is contained within the loan terms and conditions.

 

118 118 Money is built on offering a fair and transparent service, and as with any reputable lender, we make sure applicants know exactly how much they will pay, when and over how many months. We work with people with a less than perfect credit history because we understand there are times when they may need a helping hand. What’s more, we don’t expect applicants to rush into accepting the loan we offer – we guarantee to hold the offer for 5 days to allow the applicant time to shop around and consider any offer of a loan from us. Put simply, we cater for individuals in various financial situations: we try to help provided we are satisfied that the individual can afford the loan.

 

With the above in mind I am satisfied that we acted correctly in approving your loan application and as such I will not be upholding your complaint. 

 

If you feel that you are struggling to maintain your financial commitments, there are free, third party organisations that can offer additional support/guidance.

 

So what do you think? What happens next?

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  • dx100uk changed the title to Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS.

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