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Would anyone have any advice on whether or not i should send a letter to Lowell saying that a signed copy of an application form does not fulfill the CCA request? I don't want to do their job for them but on the other hand i don't want them to think everything is ok.

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Hi there Langhar,

 

I wrote and asked them for the executed agreement and all i have received is initial application forms too, so thats not enough, write back and say that you requested a true copy of the executed agreement and that all they have sent to you is the initial application form, and don't forget to put I do not acknowledge any debt to them, This is what i have been advised to do. best of luck,:) cg

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  • 4 weeks later...

Hi all,

Not been on for a while coz of Computer problems. Just thought that i would update you all.

 

I sent Lowell a letter dated 11th April 07 saying that "on the 15 March 2007 i requested a true copy of the executed credit agreement under CCA 1974 and that to date all they had sent was the initial application form signed by myself, which only proves i applied for a credit card. It does not prove that i owe any outstanding debt."

 

On 25th April 07 i received a letter from Lowell which says in part "We can confirm that we fulfilled our obligations with regards to your Consumer credit act request by sending you a copy of the original aplication on 2nd April 07. Under the terms set out by section 78 (1), we are not required to send you any other information except for the agreement. As you have stated in your letter that you require further proof of the monies owed to us we have requested copy statements from our client."

 

Then on the 26th April 07 i received a letter from Hamptons Legal adressed to Mr George Langham, (my name is Robert Langham and all other letters have been adressed to me.), saying "As you have failed to attempt to clear your outstanding arrears or adhered to a repayment plan i enclose a statutory demand by way of service upon you......... we may be in a postion to present a Bankruptcy petition against you should you fail to respond accordingly."

 

Are Lowell right? Does a copy of a signed Application form fulfill a CCA request? If not, the 12 days + 1 calender month ended on 3rd May 07 so have they now committed a criminal offence?

What do i now do about Hamptons serving the Statutary Demand??????

 

Please Please Help.

Langhar

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Hi Langhar, just had another peek at the copy application you posted, and though difficult to make much out...it does not conform with what they are required to provide under CCA request...and that's just from my limited knowledge on these matters.

As you say Lowells have defaulted on the CCA request and have now past the 30 days. I would think a complaints to TS is now in order, especially as they are still sending their threatening letters.

Have a read of DiskManDave's thread re his battle with Lowells.

I would imagine the latest threat is a last ditch attempt to scare you into paying up! Considering they are not only in default, but have now committed an offence I'm sure TS...and maybe OFT would be interested in hearing.

I expect to be getting the same treatment from them soon, as I have disputed a copy application form.

Good luck Langhar, keep us posted :)

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Then on the 26th April 07 i received a letter from Hamptons Legal adressed to Mr George

 

Getting your name wrong on a statutory demand is a very serious mistake; it invalidates the demand.

 

The rules say they need to produce a legible Credit Agreement (i.e. you need to be able to read the terms).

 

A complaint to TS is in order, as Zimmie suggests.

 

A S.A.R - (Subject Access Request) would be indicated, as any default notice they posted under the wrong name would not comply with requrements and might leave them subject to a compensation claim for breech of contract.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi there, soory to hear about your problems with Lowell/Hamptons !!!

 

I have had similar trouble with them !!! You will find many of us on here served with this SD !!!! They are calling your bluff "may be in a position"!!!!! . . . either they are or they aren't . . .

 

My SD was back in March and I ignored it, as sending second class post is not serving it properly, they have to serve it in person via a server, if that fails they apply to the court to serve it via post or another means . . . not just send it out second class as they have no proof you have recieved it !!!!

 

Since my SD over two months ago I have recieved nothing from them at all, others have recieved follow up letters saying the same thing again . . . . if they were honestly going down the route they would serve it properly and get on with it !!!

 

Like may others it looks as though you have recieved a copy of the application form not CCA. I do hope you get it sorted with them, I just hope this puts your mind at rest a little about the bankruptcy issue.

 

Keep smiling :)

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Thank you ICO.

 

It is a appauling how low this company go to retrieve monies that they can't even prove people owe. I just hope enough people complain to the relevent authorities and this company get prosecuted.

 

I would like to thank everyone watching this thread for their support and advice.

regards Langhar

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Thank you Information Commissioners Office.

 

It is a appauling how low this company go to retrieve monies that they can't even prove people owe. I just hope enough people complain to the relevent authorities and this company get prosecuted.

 

I would like to thank everyone watching this thread for their support and advice.

regards Langhar

 

No problem, this site is brilliant, makes you feel like a weight is off your shoulders when you know there are so many people in the same situation. :)

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I have attached a copy of the Capital One application form that was sent by Red Debt Collection Services. Please could you advise if this complies with the CCA or not? Also any advice on my next steps would be great. Thanks

 

langhar... What you have is completely unenforceable! What you have been sent is exactly the same as what I was sent. It's not a copy of an agreement, it's a copy of the signature box from the original application! Read my own thread, which I won!!!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

You're winning this big time now! dance.gif

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Here's mine to compare....

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

 

Cap-one.jpg

 

Looking forward to releasing the balloons! thumbsup.gif

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Thanks Diskmandave,

I have read your thread. It is very inspiring to know that the little guy's can actually win. Congratulations!!

 

I hope to be putting this dispicable company behind me in the very near future.

Regards Langhar

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  • 1 month later...

Update time,

Received a letter from Red Debt collection services on 31/05/07 along with statements fron Capital One (dated 18/05/2000 - 19/06/2002). The letter reads as follows:-

Dear Mr Langham,

our ref: **********

original creditor: Capital One

Balance outstanding: £***.**

We write in respect of the above debt, which, as previously notified in writing we have purchased from Capital One.

Please find enclosed copies of the original statements as requested.

We know require you to call our collections department on the above telephone number to discuss this debt in more detail and to reach a satisfactory resolution.

We trust this information clarifies the situation and look forward to hearing from you.

Yours sincerely,

Firstly, they have never sent anything other than the Original signed Capital One application form, which they think complies with the CCA request. They have not sent anything to prove they actually own the debt.

Secondly, the time for them to comply with the CCa request expired on 3rd of May and the staements where not posted until 31st May. Have they still committed a criminal offence?

How should i continue with this? Can they now enforce payment in court after sending the statements?

 

Any help would be much appreciated. Thanks

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I've recently had some fun with RED, have a look at my Cap1 thread for the breakdown.

These guys are easier to deal with then RMA/NCO, least they listen.

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Be VERY careful whose advice you listen too

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Hi, Sorry to keeping asking for advice but would anyone be able to suggest a next course of action for me? Is there a template letter i could send to Lowell/Red advising them that the have defaulted on the CCA request, therefore committing a criminal offence, and that i have reported them to the relevent authorities and respectfully requesting they leave me alone?

Please help.

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There's no need to send them any letters to inform them of this.

Just wait for them to demand money and then send a letter about noncompliance.

Be VERY careful whose advice you listen too

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Hello again,

 

Just received a copy of my credit report from Experian and, Surprise Surprise, Lowell Portfolio have entered the following default on it:

 

Company name:LOWELL PORTFOLIO I LTD

Account type:Credit Card / Store Card

Default Balance:£841

Current Balance:£840

Defaulted On:23/09/2002

File updated for period to:15/10/2006

Status History:

(brackets indicate most recent status)[8.gif]

 

There are a few things i would appreciate advice on please.

1st) Can Lowell enter a default against me as they are not the original creditor?

2nd) How do i go about getting Lowell to remove the default?

3rd) As you cans see, Current balance is £1 lower than defaulted amount. Does this mean that the £1 postal i sent with my CCA request has been used to pay the debt? Would this mean if i went to court the Judge would say that i accepted liability?

 

Sorry to keep seeking advice but these Clowns are starting to get me down.

Cheers Langhar

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1/ yes they can assuming this has been sold to them.

2/ Enter a dispute with experian and inform them that Lowell have failed to supply your CCA so they cannot prove they are legally entitled to collect or even report on this debt

3/ Sounds like a normal DCA trick. They think that useing the £1 against the balance absolves them from suppltying your CCA info.

Be VERY careful whose advice you listen too

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1/ yes they can assuming this has been sold to them.

2/ Enter a dispute with experian and inform them that Lowell have failed to supply your CCA so they cannot prove they are legally entitled to collect or even report on this debt

3/ Sounds like a normal DCA trick. They think that useing the £1 against the balance absolves them from suppltying your CCA info.

Clownells think that by doing this they can show you have paid £1 off your debt should you claim it to be Statute Barred. Of course by sending you the pathetic attempt at a CCA form they have admitted what the £1 was for.

 

Clownells sent me a lovely leter today offering a once in a lifetime deal of cutting my balance by 50% if I cough up. Even though I had not responded to the threats of imminent Court action from their paramilitary wing Hamptons iLEGAL. They are now passing me on to a company which specialises in insolvency cases RED DEBT COLLECTION SERVICES:rolleyes: I think I will wait till Red Debt (A trading style of Clownell Funancial) get in touch threatening to bankrupt me for an alleged balance of a couple of hundred quid. THen I will have some fun with the lot of them

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Thanks Curlyben. I will get on to experian today.

 

Hi ODC, It is getting quite confusing now as to who actually owns the debt. I am getting letters on a regular basis from both Lowell Financial and RED debt collection. Lowell sent me the copy of signed application form and seem to think that they have complied fully with CCA request and RED debt collection sent me copies of my Cap One statements and are now demanding payment within 5 days.

A little concerned after reading some threads on here that some TS offices think that a copy of signed application form DOES NOT comply with CCA while others seem to think that it DOES.

Not really sure how to proceed.

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Thanks Curlyben. I will get on to experian today.

 

Hi ODC, It is getting quite confusing now as to who actually owns the debt. I am getting letters on a regular basis from both Lowell Financial and RED debt collection. Lowell sent me the copy of signed application form and seem to think that they have complied fully with CCA request and RED debt collection sent me copies of my Cap One statements and are now demanding payment within 5 days.

A little concerned after reading some threads on here that some TS offices think that a copy of signed application form DOES NOT comply with CCA while others seem to think that it DOES.

Not really sure how to proceed.

 

Doctors differ and patients die. The courts at the end of the day are the ones who will decide if an application form constitues an Executed Agreement under the 1974 CCA. I am in the camp of I dont think it does. Some members are testing this will Leeds TS who cover the Clownells group of companies. Im sure they have had plenty of complaints about them so shjould realise what sort of company they are. They are EXPERTS on here who can give chapter and verse as to why an application form is not an agreement and I would be happy to believe them. As has been shown many times Clownells are a bunch of bullies who when faced with Legal Facts will collapse. There are plenty of cases where CAGers have taken them own and beat them before they even see the light of a courtroom. If they were so sure theyu had a case they nwouldnt waste time passing you from one part of their empire to another over a period of months. Every letter threatens imminent court action, bankruptcy etc and next week they offer to settle for 50%. Clownells specialise in buying debt that is almost Statute Barred and pay buttons for it. If they scare/bully/intimidate one in one hundred to pay then they make a profit. Join the 99 who ignore the lies.

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Thanks ODC. "Doctors differ and patients die" I like that, very funny lol.

I have just emailed Experian as per Curlybens suggestion so will await any reply from them.

Suppose i should just sit tight and see if these Clowns are gonna serve me with a correctly served SD instead of the joke one i got back in April.

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