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    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
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Me vs Lowell HELP Please.


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Hi i had an old Capital One debt which is about £700 i didnt here anything for over a year then i started getting letters from Lowell Financial saying i owe them £2500 for a capital one debt which they have now bought. After looking at this site and getting final demands from lowell i sent them a CCA letter as follows.

Hamptons Legal

PO Box 173

Leeds

LS11 9WR

 

Dear Sir/Madam

 

Re: − Account/Reference Number xxxxxxxx

 

With reference to the above account, I request that you send me a true copy of this credit agreement, relating to your last letter dated 19th February, signed by S Hunter. As I do not acknowledge ANY debt to your company.

 

I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

 

In summary, Hamptons Legal/Lowell Financial is to supply the following documentation before I correspond further:

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Capital One to Hamptons Legal/Lowell Financial

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”.

 

Thanks in advance and I hope to hear from you within the statutory time limit.

 

I look forward to hearing from you.

 

 

Yours faithfully

 

They got My CCA on the 02/03/07 and i got a reply in today 08/03/07

We are in receipt of your request for a copy of your credit agreement in this matter in accordance with Section 78(1) of the Consumer Credit Act 1974.

 

We are in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 28 day period under the Consumer Credit Act you will appreciate this is dependent upon receipt of the information from the

original creditor.

 

We will advise you further if it will take longer than the prescribed period and the reason to supply the required information.

 

We trust this meets with your saatisfation.

 

My first question is are they allowed to take longer than the prescribed period if they give you a reason why its taking longer? and also i asked them to supply the following items

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Capital One to Hamptons Legal/Lowell Financial

 

but in there letter they only mention supplying me with the credit agreement are they leagally bound to supply me with these 3 bits of information i asked for?

 

what should i do should i write another letter stating it will be an offence if they dont give me the info on time or just leave it now to see what happens?

 

i will be greatfull for any advise.

 

Thank you

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You're doing good! :)

 

The reply you got back from Lowell's is completely standard, take no notice of it. The prescribed timeline applies. Just sit back and wait see what they send, they generally take a month to comply.

 

If they send you a copy of just the signature box from the application form, that is not a copy of the agreement!

 

(btw Hamptons/Lowell's=Same thing!)

 

Post again when they send you something.

 

Good luck, regards, Dave.

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Thanks for the reply i will keep you updated on it. I know about Hamptons/Lowell the time i got round to writing the CCA i was getting the letter from Hamptons thats why i sent it to them. funny thing is they never phone my house they have only called once and i told them i dont know what they are talking about and i would be looking into it no more calls from them only letters.

If they do supply the original agrement they will i need to pay all this amount as i think it should only be £700 and not what they say £2500.

 

cheers

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  • 1 month later...

hi i sent this CCA away on 01/03/07 and there time is almost up for them to send me the agreement.

What should i do after the time runs out do i send another letter or just wait to see when they start chasing me again?

i have counted 14 wokring days from the day i sent it 01/03/07 and then another 30 calander days after that which takes me up to 18/04/07 is this right will there time be up on 18th

 

please any help thanks

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  • 3 weeks later...

Hi i sent the a letter back for non compliance with the CCA and got a letter back a couple of days later saying the matter is now closed and i will receive no further correspondence.

thanks for all your help and thanks to tifo who gave me a wonderfull letter for non compliance which worked a treat that can be viewed here

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/85030-what-letter-send-cca.html#post766634

 

Thanks again

  • Haha 1
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Hi i sent the a letter back for non compliance with the CCA and got a letter back a couple of days later saying the matter is now closed and i will receive no further correspondence.

thanks for all your help and thanks to tifo who gave me a wonderfull letter for non compliance which worked a treat that can be viewed here

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/85030-what-letter-send-cca.html#post766634

 

Thanks again

Clownells have had to send quite a few of these letters out recently. Just shows what happens when you call their bluff with the backing of CAG:D

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Hi i sent the a letter back for non compliance with the CCA and got a letter back a couple of days later saying the matter is now closed and i will receive no further correspondence.

thanks for all your help and thanks to tifo who gave me a wonderfull letter for non compliance which worked a treat that can be viewed here

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/85030-what-letter-send-cca.html#post766634

 

Thanks again

 

Brilliant!! dance.gif

 

Release the balloons! :cool:

 

ballons.jpg

 

See! The little man (or woman) can win! dance.gif

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  • 3 months later...

hi, i am new here, this forum seems fantastic and the people here wonderful.

 

i received a letter stating: "sorry you were out, we are trying to: contact you"

 

on the back it had an address, i googled it, and it led me to here, it was the same address caigey had on his letter.

 

i have been bombarded with letters and phone calls from lowell.

 

this place gives me hope. thanks everyone, keep up the good work.

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I had the exact same note through my door (the irony is not lost - they tried to call "today", but sent the note via 2nd class post!), although it's addressed to someone who has NEVER lived in this property.

 

(It was converted from a church 3 years ago, and owned / lived in solely by the chap I bought it from since that date.)

 

Recently, I've intercepted a few other letters in this person's name, which has me slightly worried, but nonetheless in this case I suspect that this might be a trick to get you to call the 0845 number on there......

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  • 3 months later...
Any letters addressed to the formere occupant should be put in the post box and marked NOT KNOWN AT THIS ADDRESS RETURN TO SENDER

 

I dont want them !

 

 

ROFPMSL:D

 

H A P P P Y N E W Y E A R

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  • 2 weeks later...
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