Lowells..preying on the vulnerable!

[kennyparkroad]

well ive sent off the letter i posted above, and that seems to have my guys (capital one) backing off a bit.

 

but your choice

[Zimmie]

I'm going to put that after I've had a good old moan to them

[Zimmie]

OK, this is my finished letter...any comments gratefully received

 

I am in receipt of your correspondence dated 24th April 2007 regarding the copy application form sent in response to my CCA request dated 28th March 2007, signed for by yourselves on 2nd April 2007, and I note your comments.

However, whereas you claim that this application form is covered by The Consumer Credit Act, I beg to differ in that it is clearly entitled Application Form. The section of the application form which you claim concerns terms and conditions set out by The Consumer Credit Act 1974 is pre-contractual. Whilst the small print is, as previously stated barely legible, I am able to make out a small section within the area you highlighted which states:

If my application is accepted…………

Below that in block capitals:

APPLICANTS SIGNATURE

I would also refer you to a section on the top right hand side of the application form which states:

FAILURE TO COMPLETE ALL SECTIONS OF THIS FORM MAY DELAY ACCEPTANCE OF YOUR APPLICATION.

I therefore put to you that an application form is purely the process of applying; it is not as you suggest an agreement. An agreement follows acceptance of an application.

Whilst I was in no way suggesting that your company had attempted to obscure any part of the application form, the fact remains that the application form has been folded and stapled prior to photocopying thereby obscuring a relevant part the PPI section. Therefore despite the fact that the document you sent me is an application form, not an agreement, it has relevant information missing.

Under the Consumer Credit Act s77/78 the document you are obliged to provide me with is a true copy of the executed agreement containing all prescribed terms. I would advise you that your company is now in default as my request under The Consumer Credit Act was received by yourselves on 2nd April and taking into account Bank Holidays and weekends the date of default was 19th April 2007.

I now require you to provide me with a copy of the correct and lawfully requested document, or your written acknowledgement that you are unable to do so.

[Cornucopia]

I would also make the point that "reconstructive conjecture" is unlawful practice, it seems to me that they have attempted to cut and shuffle in an effort to conform with CCA 1974.

 

Stick to your guns Zimmie - they do not want to find themselves in the midst of accusations of deceit!

[Perseus]

Hi Zimme,

I'm so glad that (reading through your thread) you've built your confidence, and are standing your ground now.

Nice one!!!

 

May I just give you a little info re PPI...

As someone who has battled to get PPI claims accepted, it's bloody difficult!

1st - have they been charging you PPI premiums on your account?

2nd - the Insurance Company that underwrite the PPI for credit cards, normally have T&C's about what they cover, for how long, exclusions, and importantly - a 'reasonable time to submit a claim'.

For instance, if you were to submit a claim (finding out that you do have PPI) for an illness that started in 2001, the chances are that the length of time elapsed would now exclude you from being accepted as a claimant.

Also, if you are making reduced monthly payments now, the PPI would almost certainly be suspended, to stop 'laughably' further indebtedness!

 

But, if there is PPI premiums that have been added to your account, and you ever finally find out what the ppi section reveals on your 'agreement err-humm application form, that you didn't sign up for it - then you could reclaim back the premiums (and interest on them) added to your account (unless you requested it by telephone).

 

I really do wish you well in this fight.

 

Perseus:-)

[Zimmie]

Hi Corn & Perseus, thanks for reading and commenting.

I wish I had a scanner so I could let you see what they sent me. Tbh I don't think it was Lowells who folded & stapled the copy app form (gosh I'm being nice!) They did say that the quality was due to 'their clients' archiving method, so I'm guessing it was done by Bos some years back, the application is dated June 1999. What I find infuriating that even with the app form in this state, Lowells still insist its a true executed agreement...also it has no T & C and no APR or other financial details....utter morons

 

I haven't a clue whether I paid any PPI premiums, when I started having financial problems I was very ill, to the point where my psychatrist insisted I stay for a long holiday at an establishment of his choosing, and tbh I was binning everything that came through the letterbox...before and after my holiday. CAB did try to find out about PPI for me when they tried to negotiate token payment with BoS...but they never bothered to reply to CABs letters.

I have now sent a SAR to BoS so hopefully will soon be able to find out. I'll also be able to find out what the extra £1600 BoS added to the original debt is all about!

Perseus when I first posted I was in a terrible state, I knew I was becoming danger to myself but scared to ask for help for fear of another 'holiday'. Hey you lot at CAG are a real tonic, within a couple of days I was preparing for battle. Somedays now I feel a bit disappointed when I don't have a letter from the lovely Lowells

 

My thanks, Zim.

[Perseus]

Good to have you with us Zim...

Keep us informed eh - if you need 'owt, shout!

 

Pers:)

[Perseus]

Thanks Zim

[maggieboo]

Hi Zimmie

 

I've been reading through your thread, very similar to what i'm going through. Have a look at my thread and see what you think of the response i got to my CCA to lowell:rolleyes:

 

regards, maggieboo.

[evelyndarling]

subscribing...

[soreheadedbear]

Hi zimmie,

Just been looking at your thread, it may clarify things about who "owns" your debt if you have a read of Richards Spuds posts in the seahorse v cabot thread, not sure how to put links into posts so you will have to read through quite a bit

shb

[Zimmie]

Hi Soreheadedbear, hope it feels better soon

Thanks for that, I'm off to have a read.

[evelyndarling]

hope alls going well for you,

 

E

[Zimmie]

Hi Evelyn, things have gone quiet on the Lowells front since I sent them my last letter disputing that the application form was a credit agreement. I suppose they will rear their ugly head soon and shatter my calm!

Hope everythings going OK for you too.

Zim

[elizabeth1]

Hi Evelyn, things have gone quiet on the Lowells front since I sent them my last letter disputing that the application form was a credit agreement. I suppose they will rear their ugly head soon and shatter my calm!

Hope everythings going OK for you too.

Zim

 

Tell them you are going to the ICO about them - they hate that and lay off. Use the bodies to complain (ICO, FOS, OFT etc..)

 

They were chasing me for an account with the "wrong account number" I kept telling them look "it's wrong number for account" and they kept calling me a liar etc.. So I told them to write and tell that to me in a letter - naturally they wouldn't - they prefer just being rude to people on phones? So I got the persons name and sent all the stuff off to ICO and asked them to chase them back for me etc.. and I copied the stuff to the clowns at Lowells - amazing not heard a thing since!!!

 

I reckon ICO findings will be interesting cause they were trying to pass off application form as agreement too - so they sure are in bother?? I hope they get a nice fine for their efforts!! Cause the card account is due in court soon with the original lender CAP1 - who just happened to sell the debt on while in dispute to Lowells clowns to wind me up ha ha

 

Don't let them wind you up - get even with them and report them for their evil ways - as they shouldn't be doing this stuff?

[Zimmie]

Hi Elizabeth,

They only have until the 19th May until they commit an offence so I'm not prodding them. Come the 19th I shall be telling them of their misdeameanour and requesting a copy of their complaints procedure....then reporting them to anyone who will listen...lets hope my window cleaner doesn't turn up that day! lol

I'm not sure if the phrase in my letter (suggested by Cornucopia) reconstructive conjecture had any impact on them:

 

Whilst I did not accuse your company of attempting to obscure any part of the application form, the fact remains that it has been folded and stapled prior to photocopying thereby obscuring a relevant part the PPI section. Therefore aside from fact that the document you have sent me is an application form, not a true copy of the executed agreement, relevant information has been intentionally obscured and I suggest that this could, in fact, be construed as reconstructive conjecture.

 

The letter was signed for on 1st May and nothing back yet...I bet they're holding team meetings trying to come up with a response. I feel sure that they won't just go away...I don't have that sort of luck! But at least when my complaint goes in it will add to the ever increasing file of Lowell complaints

[ODC]

Hi Elizabeth,

They only have until the 19th May until they commit an offence so I'm not prodding them. Come the 19th I shall be telling them of their misdeameanour and requesting a copy of their complaints procedure....then reporting them to anyone who will listen...lets hope my window cleaner doesn't turn up that day! lol

But at least when my complaint goes in it will add to the ever increasing file of Lowell complaints

 

Complain to them first and IF you dont get a satisfactory response to your complaint the report them to the FOS who will charge Lowells £ 400 just for the priveliege of investigating them:D

[kennyparkroad]

Fos?

[Zimmie]

Is that Financial Ombudsman Service?

[ODC]

Is that Financial Ombudsman Service?

Yes and here is a wonderful link FAQs - consumer credit complaints

[kennyparkroad]

wonder if i should complain about my Blair oliver case, although since Trading Standards have been on the go, ive heard nothing!

[ODC]

wonder if i should complain about my Blair oliver case, although since Trading Standards have been on the go, ive heard nothing!

You have to contact Bliar Oliver first and ask them for details of their complaints procedure. They are required to have one. If they havent or if the do not satisfy you then complain to FOS and hey ho Bliar Olivers bank account goes down by £ 400

[Zimmie]

Thanks ODC

 

Go for it Kenny...the more the merrier....they'll be making a TV prog about us soon........Grumpy Old CAGers!

[ODC]

Thanks ODC

 

Go for it Kenny...the more the merrier....they'll be making a TV prog about us soon........Grumpy Old CAGers!

 

We are not Grumpy ol CAGers we are ''ROGUE DEBTORS''

[Zimmie]

Ohh I quite like that...makes me feel a bit special