Me vs Lowell HELP Please.

[caigey]

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

[caigey]

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

[caigey]

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

[caigey]

bump

[caigey]

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