Lowells..preying on the vulnerable!

[kennyparkroad]

hold on a second

 

first

 

step back and take a deep breath, i know a lot is going on but put your faith and trust into this website and its helpers, we will help you as best as we can.

 

When did you get the credit card?

 

How long has it been since you aknowledged it or made a payment to the debt?

 

If it is less than 6 years i suggest you send Lowell a CCA (Consumer Credit Agreement) request.

 

If it has been over 6 years, dont do a thing.

 

Here is the CCA request letter with the address for Lowell (i am dealing with them, and they have acknowledged they dont have a CCA and are closing the files)

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO BOX 172

LEEDS

LS11 9WS

 

28 March 2007

 

To Whom It May Concern:

Reference: xxxxxxxxxxxxxxxxxxxx

 

Before I continue I wish to establish that I am not seeking to avoid responsibility for any alleged debt or breach of any alleged agreement that I may have or have had.

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement and find enclosed a postal order for the statutory fee of £1, this fee is NOT TO BE offset against any alleged debt and must be used for the purpose stated.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

 

 

 

 

 

 

Also, sounds like youve had A LOT of illegal UNFAIR charges on this account, i would send the Bank of Scotland AN SAR (find below)

 

together with the £10 postal order.

 

 

 

Bank Of Scotland

 

 

28 March 2007

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

 

 

 

 

 

if you can provide us with any further information, please do.

 

 

Also HAMPTONS AND LOWELL ARE THE SAME, do not let them make you think they are now.

 

Couple of other points

 

DO NOT TALK TO THEM ON THE PHONE, SAY YOU WILL ONLY DEAL IN WRITING - that way you can prove what has been said.

 

send both of these letters off recorded delivery and obtain the free proof of posting too.

[kennyparkroad]

Yes you can reclaim charges from both of them incidentally, you SAR whoever OWNS the debt and APPLIES charges, if that is both of these muppets then so be it.

 

CCA lowells, if they come back with the info, SAR them, but also send the SAR to the bank.

 

no question is stupid, no question SHOULDNT be asked, if you need any help, just ask us.

 

I hate lowell and will be taking particular interest in this, if you feel ive helped you please click my scales (i know shameless plug) lol

 

Kenny

[kennyparkroad]

noted, thanks

[kennyparkroad]

someone has already replied to your thread, i am subscribing to it, please post all further questions there or pm me

 

thanks

 

Kenny:)

[kennyparkroad]

doesnt matter if they cashed it or not, they have recieved it and you have proof

 

the clock is ticking.

[kennyparkroad]

bump

[kennyparkroad]

i would wait for them to default and THEN send a letter saying

 

 

Thanks for your letter dated xxxxx the content of which is noted.

 

On (whatever date you sent the CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office (insert date)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA.

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

Yours faithfully,

[kennyparkroad]

hang on your missing the point,

 

if they cant come up with thetrue signed copy, YOU DONT PAY THEM ANYTHING and you force them to write the debt off.

 

plus you should be sending an SAR to claim back the illegal charges whether they give you a true signed copy or not.

 

so recap

 

if they cant provide you with documents you have no legal obbligation to pay them a thing!

 

making sense?

 

Kenny - just had 2k written off by Littlewoods because they couldnt supply documentation saying i owed the debt.

[kennyparkroad]

i would reply with.

 

I refer to your letter dated xxxxxxxxxxxx

 

I note that you have sent me a copy of the application form for this account.

However, on the (DATE YOU MADE CCA REQUEST) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (DATE IT WAS SIGNED FOR).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA (ONLY PUT THIS IF IT APPLIES)

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

Yours faithfully,

[kennyparkroad]

totally agree! well spotted

[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

[kennyparkroad]

Fos?

[kennyparkroad]

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