robbersway for barclaycard, now sold to lowells

[CG7]

Hi Pam,

Thanks, no one seems to be around or answering , I have just tried to upload it again, but i still can't enlarge it, so i am stuck, I just want someone to look at it.

[Curlyben]

OK what you need to look for is:

* APR

* Credit Limit

* CCA statement

* Cancelation rights

* Payment frequency

 

There's some other bits, but I can't remember.

I'm sure someone will chip in with the whole prescribed list.

 

For my money I'd say that this is a simple application and so does satisfy CCA.

 

For a better understanding have a look at this monster thread:

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html

[CG7]

Curlyben,

 

Hell there,

 

you say that you think its just a simple application, so why does it satisfy the CCA. request then:idea:

 

cg

[CG7]

Hi Pam,

 

anyone replied to the SOS. lol........not had much response at all today.

Thanks for your help anyway. kriss.

[CG7]

Hi Pam and all,

 

I have received another letter today,:o telling me that they have not received payment or a VALID reason for non payment, they gave me 7 days to get back to them, but they have only given me 2. now they are demanding payment.

 

Come on guys please what shall i do.............:-?

[ODC]

Simple answer, tell them they are in default of your CCA request and as such the account is in dispute so you are not obliged to pay them

[CG7]

ODC

 

But they have sent me a document that they say is a CCA, although according to pam its not a fully executed etc, have posted it on the site, but it wont enlarge. kriss

[CG7]

Hi all,

when i sent off for a copy of cca from dca, i was told to put on the letter that "I do not acknowledge any debt to your company" Now i am challenging the CCA which i have received from them, do I have to put that on the letter again or is it not necessary. and they never sent me proof of assignment, or copies of statements etc. cg

[InKogneeToh]

Hi

 

It's a good idea IMO to put it in every letter - just so that they are in no doubt!!

 

Regards, Pam

[CG7]

Pam,

whats IMO mean, (sorry to be thick) CG

[InKogneeToh]

Hi

 

It means ' in my opinion'

[CG7]

Oh right, Thanks pam :o

[CG7]

Hi,

Sent a letter off to LP, saying that they had sent me initial application forms and not the proper executed agreement I requested and they have replied back to me, giving me 5 days to respond otherwise they will put a charge on my property (dont think my landlord would be to happy) and erm an attachment of earnings;) etc. I am trying to be light hearted about all of it, but its sapping my strength. lol

 

What is my next move folks............

 

cg

[CG7]

Bump

[InKogneeToh]

Hi

 

Was this actually in reply to your letter asking them for a copy of a 'proper' agreement?

 

Regards, Pam

[CG7]

Hi Pam,

 

I don't know the answer to that question, they made no reference to it, just that " Despite numerous opportunities that they have given me, the balance remains unpaid etc and then all the usual threats.

I suppose it could have crossed with the letter I sent to them on tuesday, as they wouldn't have received it till wednesday, and this was dated the 11.4.07 and thinking about it I sent the letter to Lowell Portfolio and this is from Lowell Financial.

 

Do you think it crossed Pam.

 

cg

[CG7]

bump...........

[dencha]

If you have sent a letter saying that they have not replied to your request for a true copy of your signed CCA, then when they receive this, the letters will probably stop.

 

All you have to do then is wait for the additional calender month until they commit a criminal offence.

 

The letter you received from Lowells' appears to be the standard letter they send out very quickly following sending out what they claim is a CCA to try and get you to panic and pay them.

 

Your best action is to do nothing until the calender month is up. If Lowells' have not complied fully with your CCA request then you do not have to pay them anything as they are not legally entitled to collect this debt.

[InKogneeToh]

Hi

 

Just ignore these letters from Lowell but file them away with all the rest of your now increasing paperwork! They have still not complied properly with your CCA request and therefore are NOT allowed to enforce the agreement until they do.

 

I know it's all a bit unnerving but YOU are in the driving seat now so keep calm and wait it out.

 

Regards, Pam

[CG7]

Ok Pam,

 

I will keep you informed as and when things happen.

 

cg.

[CG7]

Dencha,

 

Thanks also for your much appreciated advice.

 

cg

[Slade1]

I am in a very similar situation to this with another DCA, I sent the CCA request and they responded with an application form which states that it is a Credit agreement (all signed etc) they did not send a copy of a statement or a deed of assignment. I sent them a letter saying that they had not complied with my request, but they have now sent a letter saying that they are going to file proceedings at Rotherham County court. What do I do about that? Any help greatly appreciated.

[kennyparkroad]

write to them and remind them that while the account is in dispute they cannot take any further actions unless and until your legal request has been satisfied.

 

 

if they do file a claim, counter it saying they are acting while the account is in dispute and they have not made the proper steps to try and resolve it, a court wouldnt grant them any action until and unless they could give the details,

 

do you have a CCJ on this or anything?

 

any and all details you can give would be a bonus.

 

Kenny

[CG7]

Hi tis me cg,

 

This is just going round in circles, I received a reply back today and they now say that what I have received is enough for them to warrant payment from me, it reads,

 

Dear.....

Thank you for your recent letler regarding the above account, the contents have been noted.

 

We can confirm that the copy application we forwarded to you on..........clearly states that by signing this application form you are bound by the terms etc.

 

Please refer to the highlighted part of the copy application enclosed

We trust this clears the situation.

 

Yours sincerely,

 

Nigel Bevan.

 

So what do I do now, still no executed agreement or terms and conditions, statements etc.

 

cg

[dencha]

If the supposed agreement does not have the following on then it is not enforceable

 

*APR

* Credit Limit

* + CCA statement

* Cancelation rights

* Payment frequency

 

I borrowed these from Curleyben's earlier post.

 

You normally sign to agree to the terms of the CCA 1974 regulations which is pretty standard on application forms.

 

Can you put the form that was sent to you on this thread with your personal details blocked out so others on this site can give advise.