robbersway for barclaycard, now sold to lowells

[CG7]

ODC.......please go to page 6 of this thread and 3 posts down No. 103 you will see it enlarged there, and see what you think,..... HAVE just spoken to National Debtline and she said that the DCA's are not forced to send me a true copy of the executed agreement, I always thought they were, if thats true whats the point in requesting a CCA in the first place. I am so confused...................cg

[ODC]

To me its just an application form. National Debtline appear to be talking nonsense on this occasion. Under the CCA 1974 they are obliged to supply you with amongst other things an ''Executed Copy of a Credit Agreement.''

They cannot take you to Court without proving this exists. There will be wiser heads than me along who have been down this road before.

 

Just read this thread http://www.consumeractiongroup.co.uk/forum/general-debt/96881-any-examples-no-cca.html

 

It will cheer you up.

 

The simple fact is if they have no agreement then they cannot take it to court.

[CG7]

ODC......Thanks for the reply, I keep telling them over and over that its not an executed agreement, but they say that it is, what does an executed agreement look like and would they have sent me a copy of it at the time. cg

[ODC]

ODC......Thanks for the reply, I keep telling them over and over that its not an executed agreement, but they say that it is, what does an executed agreement look like and would they have sent me a copy of it at the time. cg

There is a tempate on here which details everything which should be on an executed agreement. I will have a search for it unless someone comes up with it in the meantime. You may want to have a look through the FAQs and Templates in the meantime

[MrTuesday]

CG7, look at it this way, if it is the correct documentation then why have they not carried any of their threats out? Report them to TS, crack open a bottle of wine, kick yer shoes off and put your feet up.

[CG7]

I think they just like to play cat and mouse with me, but yes I know what your saying, I just want an end to it all Mr Tuesday. and my shoes are off and I have drank me wine.

 

cg

[CG7]

ODC,

 

Well I can't find it, although I am not absolutely sure what it is I am looking for. whats a girl to do.

 

Its very quiet on here tonight, anyway hopefully you can come up with something tomorrow for me, I'm off to the land of nod.

 

cg

[evelyndarling]

subscribing, you may be interested in my thread -

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89434-evelyn-darling-lowell-financial.html

 

im currently at war with lowells...

[ODC]

 

im currently at war with lowells...

 

 

Who isnt??????

[CG7]

Evelyndarling........ I keep clicking on the link, but it keeps taking me back to the Home page. How far have you got with Lowells then evelyn. cg

 

ODC. did you manage to find me that template on a properly executed agreement that you told me about yesterday. cg

 

ANY advice on what to do next please, its Monday again tomorrow.

[ODC]

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf This is the official government one and this thread is very interesting too

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

[CG7]

ODC...............Thanks so much for the above links, and your time. cg

[evelyndarling]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89434-evelyn-darling-lowell-financial.html

 

maybe this will work? ive sent off a complaint to TS, they have defaulted under the 12 and 30 days, im awaiting thier complaints procedure....

[CG7]

Hi Evelyn, NO its not playing again, everytime I click the link it takes me to the main CAG page.

 

I myself am at a loss of what to do next to be honest. Can we contact moderator's if we feel lost do you know. ???

 

cg

[rory32]

If they have committed the summary criminal offence you really need to get some closure on this. I would suggest something along the following lines which has been used before that you can adapt to your situation.

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

[CG7]

RORY 32.................Wow is all I can say to that letter, I have sent similar letters, but not quite like that, but they just carry on sending me copy after copy of the application form, which is posted on here. have you had a look at it and if so what do you think.

 

I will send the letter you have kindly sent to me and see what happens, have already threatened them with TS, BUT they just ignore and send yet another copy of the application form.

 

cg

[rory32]

I have had a look at it. An application form as I'm sure you are aware is a pre-contractual document. Where as the credit agreement is a contractual document.

 

If they are willing to state that the application form is a contractual document then that is fine (from your point of view) as it could never be enforced via a court.

[CG7]

Rory 32

 

So shall I still send the letter to them tomorrow. ?? I am getting a little brain dead now.

[rory32]

Yes, send them the letter and see how they jump.

[ODC]

Like all bullies they expect you to buckle under their constant pressure. If the insist that an application form complies with S 77-79 of the CCA then tell them fine and you look forward to their proving thtat to a judge

[CG7]

HELP !!

 

Its been 3 months since I heard anything from Lowells, and thought that was it, of course I should have known better.

 

I received a letter this morning from JB debt recovery, saying that they are acting for there client (Lowells) asking for payment in full and all the usual threatening trimmings. Can they do this to me, have I got to start all over again with CCA request.

 

Where do I stand and whats my next move.

 

Really need advice folks.

 

cg

[Curlyben]

No need.

send them this as your CCA is in default with Clownells.

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

 

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Enjoy

[jveasey147]

cg7 sorry to jump on your thread . Yes the above is perfect to send to them . But i have had the same problems as you in the past with another bunch of pests i got fed up sending them letters so stopped i get one every couple of months but i just ignore them and nothing has happened.

These pests just keep going untill you pay dont give them your time

if they had the right paperwork you would have already been in front of his lordship they dont so you havent.dont worry!!!!!

[CG7]

Thanks curlyben and jveasy for the letter and advice,

 

The last correspondence I had from them (lowells) was the end of June, in which they stated that if I didn't reply to them with payment I wouldn't here anymore from them, this was after months of letters going backwards and forwards between us but going absolutely nowhere.

 

Curlyben do I need to send it recorded delivery - I suppose I do thinking about it.

 

Regards and thanks to you both.

 

cg

[ODC]

Send all letters to all DCAs by Recorded Delivery that way you ALWAYS have proof should you feel the urge to report them