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Badger91

lowell and cap1 debt - if they fail my CCA - is a section 10 notice still applicable?

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no you do not enter into pointless letter tennis?

they know the rules alot better than you appear too.!

 

is a cca request a good idea as they have already failed it?

though you appear to have moved etc and changed name

was that to avoid debts?

 

this is sounding rather freeman of the land tactics to me you've followed?

 

 

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No dx,  you are mistaken, I changed my name back in 2017 for personal reasons I am not going disclose on here and informed Capital One, I have updated all my creditors every time I move, I don't appreciate your assumptions,  the CCA request and the section 10 was found on this forum, I have asked for your advice on how I should proceed.

 

I am aware the debt is mine however do not agree with the balance that is stated, if no CCA agreement is found I won’t be paying, as I was under the understanding that no further action could be taken to enforce the debt. 

 

if the CCA is found, and they provide a full statement showing how they have calculated the balance then I will pay if it turns out to be correct. If it is different then I will pay what is actually owed.

 

I am not claiming to be an expert on the matter that's why I came to a site such as this for advice.

 

Plus why are you assuming I have moved as I have not included my address in this forum,  Lowell already had my correct address, so I haven't informed them of a changed of address as it is correct. 

 

I am thankful for everyone's advice including yours however I do not appreciate your aggressive tone with your ............s on the end of your replys,   what's that about ? And your assumptions,  if you do not wish to answer my questions then don't, but I am asking for advice because I require assistance, you reply as if you expect me to know.

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Loads of people do move home,  that's why, with Lowell , you need to specifically update them with your address each time you move otherwise they will, almost without a shadow of a doubt issue you with a Court Claim that you won't know about until one day you get turned down for credit or a mortgage.

 

On the other hand, if you CCA request Lowell they will almost definitely not be able to come up with the goods, and the loan will become unenforceable.

 

We are sounding harsh because it really is that simple!


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1 hour ago, dx100uk said:

is a cca request a good idea as they have already failed it?

though you appear to have moved etc and changed name

was that to avoid debts?

 

london1971, I get that completely,  however that's not what dx said, he said I appear to have moved, I haven't said I have moved, how does it appear I have moved throughout our discussion on this thread that that is the case, and how does it suggest that I haven't updated anyone as to where I live, because I have updated Capital One  and everyone else where I live that is how Lowell contacted me. 

 

On another note, if a CCA has been requested and it has not been provided, then can a court claim be still issued, would I have to go to court and make that point that the CCA was requested and that the debt had become unenforceable unless it can be provided in court ? 

 

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Okay lets calm matters down.....yes a lot of assumptions which are made because normally posters fail to explain the finer points which affects the advice given.Its not aimed at you personally Badger.

 

Send the CCA request I have posted......lets see what transpires.Yes DCA still issue claims irrespective of a valid CCA request and none compliance...but as long as you defend a claim...they will have to disclose it.

 

Regards

 

Andy


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Hi andy, 

 

I cannot send your CCA template as I have already sent my own copy, and they have already acknowledged the request, the time limit expired yesterday that's why I was going to send the section 10 along with the following letter to back my self up, in your opinion should I still send it or not ? I'm not sending the section ten any more, but I am unsure on the one below, I dont see why it is pointless letter tennis, 

 

 

 

                                                    

Lowell Financial Ltd,
Ellington House,
9 Savannah Way,
Leeds


LS10 1AB

Lowell Financial Ltd, 
PO Box 1411 
Northampton
NN2 1QR
1st July 2020


Lowell reference number: 
Original Account No:

 

SENT BY ROYAL MAIL NEXT DAY GUARANTEED DELIVERY SERVICE 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

 Thank you for your letters dated 17/06/2020 and 18/06/2020 which my original deedpoll documents were attached to, the contents of which have been noted. each letter were both in response to my change of name by deedpoll and my CCA request which was resent to you on 15/06/2020 under my new legal name.

 

 On 11/06/2010, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of 
01/07/2020.

 

 The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

 

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

In addition a full statement of this account should have been sent to me detailing all debits and credits to the account as proof of ownership of said account.

 

 Please note the following:

 

 I have made you aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a Credit Agreement to be carried out before your client enters into a default situation. This limit has now expired.

 Section 77(6), of the Consumer Credit Act 1974 states:

 

  “If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.”

 

 Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

 Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment.

 

 Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies:

 

 ▪ You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 ▪ You may not add further interest or any charges to the account.

 ▪ You may not pass the account to a third party.

 ▪ You may not register any information in respect of the account with any credit reference agency.

 ▪ You may not issue a default notice related to the account.

 ▪ You must remove information logged with any agency which you claim you assert the rights to.

 

 You have 14 calander days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply.

 

 I would appreciate your due diligence in this matter.

 

 I look forward to hearing from you in writing.

 

Kind regards
 

badger91
 

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Send the above letter if you wish...its not really required, the CCA request is self explanatory in itself and they are fully aware of the consequences of none compliance.The above could be construed that you are desperate for them to find it and respond....which of course  is the last intention.

 

Andy


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

 

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Yup they haven’t responded best to leave it. Don’t pay them anything or speak to anyone at Lowell.

 

It’s highly unlikely they will pursue any court action with you.

 

last time I CCA’d Lowell , it took them more than a year to come with an ‘agreement’. it turned out to be almost illegible and they ended up closing the account and removing it from my Credit File.


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

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