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Diskmandave-vs-Lowell Finacial (CapOne)***WON***


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First of all BIG Congratulations Dave! :D

 

Secondly, this thing about admitting the CCA doesn't exist. What if they put in writing it does exist and then later can't find it? Interesting twist. Let them Prove its existence then

 

Maybe we shouldn't be too hasty with posting this information for all to see - debt collectors are among us you know and it'll only be a matter of time before they have all the tricks up their sleeves![/quote]They have been using tricks, deceit, bullying and untruths for years. What this site doe is alert others to these blatant falsehoods and realise that they are not the only ones in the same position, I'm glad the bully boys and girls from the DCAs read these boards. They will obviously realise what poeple think of them and their illegal tactics. Sooner or later it will dawn on them that their days are numbered. In fact I have a simple message for all of them TREAT DEBTORS WITH RESPECT THEY PAY YOUR WAGES. USE COMMON SENSE IN YOUR DEALINGS AND YOU MAY FIND PEOPLE EASIER TO DEAL WITH

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First of all BIG Congratulations Dave! :D

 

Secondly, this thing about admitting the CCA doesn't exist. What if they put in writing it does exist and then later can't find it? Interesting twist. Let them Prove its existence then

 

Maybe we shouldn't be too hasty with posting this information for all to see - debt collectors are among us you know and it'll only be a matter of time before they have all the tricks up their sleeves![/quote]They have been using tricks, deceit, bullying and untruths for years. What this site doe is alert others to these blatant falsehoods and realise that they are not the only ones in the same position, I'm glad the bully boys and girls from the DCAs read these boards. They will obviously realise what poeple think of them and their illegal tactics. Sooner or later it will dawn on them that their days are numbered. In fact I have a simple message for all of them TREAT DEBTORS WITH RESPECT THEY PAY YOUR WAGES. USE COMMON SENSE IN YOUR DEALINGS AND YOU MAY FIND PEOPLE EASIER TO DEAL WITH

 

I fully agree :)

 

I'm just concerned that there is loads of conflicting info cropping up and people might take the wrong action, especially if the wrong info is the same thing a DCA sees here and quotes and the 'debtor' gets truly misled.

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Quote away to your hearts content! :-)

 

She (Patricia Hampson - Team Leader) was quite adamant about it, to quote her exact words, "they don't default/offence by not providing the agreement, they default/offence by not acting upon the request in the time laid down by the Act". Hence, if they admit to no CCA, they've acted on the request and no default/offence takes place.

 

I'm going to scan up the large leaflet she gave me later as well, as there's some useful template letters & where to get copies of it too. :-)

 

Regards, Dave.

 

Dave

 

Sorry I'm so late posting - just back from a short break!!

 

If they admit to no CCA, then I personally would go for the throat and ask them to either set the alleged debt to zero balance or you would seek Consolidation (refund of all their interest and other chartges since the start of the alleged agreement), reverse all default entries and remove all details with CRA, since no consent given and intention to sue for providing you with a poor credit rating.

Don't walk away from it - use the advantage...

 

Z

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Zubo, hope you've had a good break?

 

Letter from TS states, "the file is closed." (simple as that)

 

This thread is now *won* (see balloons post! And letter from TS))

 

The next step, and there's no real time constraints on this, is the removal of their default... (see my RW&C thread for where this is going).

 

Within the next 3-6 months i'm going to take on a DCA in court, just to prove that the little man can! Currently, it's either going to be RW&C, or BLS/LTSB.

 

Regards, Dave.

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Zubo, hope you've had a good break?

 

Letter from TS states, "the file is closed." (simple as that)

 

This thread is now *won* (see balloons post! And letter from TS))

 

The next step, and there's no real time constraints on this, is the removal of their default... (see my RW&C thread for where this is going).

 

Within the next 3-6 months i'm going to take on a DCA in court, just to prove that the little man can! Currently, it's either going to be RW&C, or BLS/LTSB.

 

Regards, Dave.

 

Dave

 

I guess TS seem to be prepared for Crap1 to try another DCA... and also your 6 year limitation runs out soon, so you should be home and dry...

 

but... anyone else reading this - just be aware that whilst Dave has won, CONGRATULATIONS DAVE, Cap1 may decide to come back especially IF they finally find a fully reconstructed agreement (not that I'm suggesting for one moment that they would use fraud!!).

When you have the advantage - use it - insist like I did that they reduce the balance to zero - NOT - we will leave it for now... unenforceable balance of £x000... (meaning we will be back).

 

Z

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  • 2 weeks later...

Dave,

 

Do you have a copy of the letter that you sent to Trading Standards ? I am at the stage where they have sent an unexecuted agreement (application form) and they are now over the 12+30 days.

 

However, I need some help on the wording of the complaint to TS

 

Thanks

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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hi bgqs

 

if you look at this thread:

 

evelyn darling and lowell financial/portfolio/???

 

you will find dave's letter to TS.

 

i've found tons of useful help from diskman dave's thread, and also the one above.

 

i've got my own thread going at the mo:

 

Help needed re Lowell Financial & CCA

 

i'm also having fun with lowell. i've CCA'd them and the 12 days has passed, now i am just waiting for the 30 days to be up to complain to TS.

 

Good luck!:)

 

maggieboo

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Thanks....I have started my own thread...

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89688-lowell-financial-capital-one.html#post817361

 

They are really getting on my nerves...At least one letter per week...what is the definition of harassment and what is considered an acceptable level of communication ?

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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  • 3 weeks later...

hahaha...nice one Dave !

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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  • 3 weeks later...

hi all,

 

can anyone help me with this recently sent cca to visa card company replied back saying they cannot find cca as they only need to keep records for this type of account for 6 years any ideas how i should respond would be greatfull for any advice as i am having sleepless nights

 

best regards

 

out of cash:confused:

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hi all,

 

can anyone help me with this recently sent cca to co op replied back saying they cannot find cca as they only need to keep records for this type of account for 6 years any ideas how i should respond would be greatfull for any advice as i am having sleepless nights

 

best regards

 

out of cash:confused:

Bit of Bad Luck for them then. No CCA = no proof of debt

 

They cannot take you to court either

 

So thats the end of you sleepless nights

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hi all,

 

can anyone help me with this recently sent cca to visa card company replied back saying they cannot find cca as they only need to keep records for this type of account for 6 years any ideas how i should respond would be greatfull for any advice as i am having sleepless nights

 

best regards

 

out of cash:confused:

 

OOC

 

Try this - this and the next letter forced them to write off £6-7k

 

Letter1:

 

I refer to my letter dated 6 August 2006 in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated credit agreements refered to in the above account numbers. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not and there is no time limit with respect to the requirements of the Consumer Credit Act. I also enclosed the statutory fee of £1.00 for each account.

To date you have failed to comply with my statutory request and have defaulted in respect of all 3 accounts.. This means that under the CCA you have now committed an offence punishable upon conviction, by a fine of £2,500 or 3 months imprisonment for each account.

 

Additionally these alleged agreements are unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce these alleged agreements until such time as the default is removed.

 

Consequently I am ceasing all payments to your company until such time as this matter is resolved.

 

It is also my intention to report this matter to the appropriate enforcement authority.

 

I await your prompt response.

Letter 2:

 

Thank you for your recent letter.

Your response from your client clearly indicates his unwillingness to close the accounts at zero balances and therefore implies a basis for those balances. These can only be balances subject to the Consumer Credit Act 1974 and subject to the obligations within the Act such as my lawful requests for copies of the executed agreements.

Failure to supply these therefore is a criminal offence on each account the penalties are specified within the Act, and it is my intention now to report your breach of the criminal law to the OFT and the appropriate enforcement agencies.

In the event that you need to discuss this with your client I will stay my intent for 7 days.

Please also note the attached letter contains a formal request under the Data Protection Act which you are obliged to respond to within the given timeframe.

I await your response

 

____________________________

 

Received a letter stating that the balances on all 3 accounts were 0.00

 

Z

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  • 3 weeks later...

A small query on CCAs. I did a CCA on my credit card, no agreement can be found, yet the bank continues to send me monthly statements asking for payment - which I ignore - and is now threatening to hand my debt on to a collection agency.

If no proof of debt exists, is this just another bluff? Indeed, without proof of debt, is the bank likely to take the alleged debt to court, and if so, to what end?

Raeline

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A small query on CCAs. I did a CCA on my credit card, no agreement can be found, yet the bank continues to send me monthly statements asking for payment - which I ignore - and is now threatening to hand my debt on to a collection agency.

If no proof of debt exists, is this just another bluff? Indeed, without proof of debt, is the bank likely to take the alleged debt to court, and if so, to what end?

Raeline

If they cannot produce an executed CCA then they have no means of proving any debt exists. No CCA - No Court Case

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