Lowells..preying on the vulnerable!

[ODC]

As you know RED are the same as Clownells. same sh!t different notepaper.

 

A letter to Red stating that the application for the CCA is in default with Clownells and as such should not be passed on. INform RED that as such you will not be dealing with them. Curly ben has an excellent letter telling them this in a lot more words.

[Curlyben]

ODC shouts so CB arrives

 

Edit as needed:

ACCOUNT IN DISPUTE

Ref:

 

Dear Sir/Madam

 

Lowell have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to Lowell requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of Lowell's staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date Lowell have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of Lowell's legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor 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 this account has become unenforceable at law.

 

As Lowell have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours Faithfully

[ODC]

Wonder if RED will respond but we are Clownells.

[Curlyben]

They'll probably send a squeaky Red nose through the post

[Zimmie]

Excellent letter CB, I'll get it typed up and send it recorded delivery. Hope I get the squeaky red nose!

Many thanks CB and ODC.

[Curlyben]

Zimmie, our pleasure.

Now click our bl00dy scales

[Zimmie]

Just a thought........should I put I do not acknowledge any debt to your company on the letter too?

[Curlyben]

Yeah why not

Doesn't hurt, now remember to do it in big red scary letters

[Zimmie]

Thanks CB, will do and maybe draw a few vampires whooshing around the pages

[Zimmie]

OK letter typed and ready to send rec del shortly.

Just noticed though, the address on Red's letter heading is P. O. Box 203, Leeds, LS11 1BG, but the address on the back of the envelope it arrived in is P. O. Box 172, Leeds, LS11 9WS...Lowell's address! Maybe up in Lowell group land different desks are allocated different addresses and the Red desk ran out of envelopes and had to borrow one from our Nigel!

[Curlyben]

Try this one instead

 

Enterprise House

1 Apex View

Leeds

LS11 9BH

[citizenB]

Subscribing

[MrTWS]

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