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Lowell are chasing me for a Barclaycard debt, I had been repaying this but at an amount which I couldn't afford. I CCa'd them by recorded delivery on the 29th Sept 2006, they cashed the £1.00 cheque but no agreement arrived. They have phoned me at least once a month since then and sent several letters. Each time I explained that I was waiting for a copy of my CCA, each time someone said they would sort it out. Still nothing but now a letter from Hamptons threatening legal action.

 

Does anyone have a good letter I can send to Lowell, Hamptons, the OFT and trading standards or any good advice.

 

I keep looking on here but can't seem to track down what I want.

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Try this:

 

FONT='Arial','sans-serif']I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

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 XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (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 as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

 

Yours Faithfully[/font]

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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