advice needed,on so many debt collectors after me

[InKogneeToh]

It has indeed no credit limit, no interest rate and no payment plan:D Thanks very much for clarifying InKogneeToh!

 

 

 

This has obviously happened due to your sound advice and knowledge. I have seen this myself from reading around the threads. You are a valuable member to the CAG and I'm sure others will agree. Thank you for your help.8-)

I'm blushing now! :oops:

 

But thank you for the compliment!

[stadium_arcadium]

A compliment well deserved Pam

 

 

Edit: There we go, I take sooooooo long to type that eveyone has gotten in before me LOL. InKogneeToh's letter is so much better than mine, so I've taken mine off.

[InKogneeToh]

they also have wrote; if we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the consumer credit act 1974.

 

many thanks to all of you helping me it means so much!! xxx

 

For copies sent under a s77/78 request, the creditor may omit the signatures and your name/address (strange, but true!) so what they are saying is that they will be sending a copy of what your agreement would have looked like!

 

It will pass the test (for s77/78 purposes) if it is exactly the same as your agreement would have been, with the same terms etc. and the correct T&Cs for the period when your agreement is made. Any newer/older copy will not do.

 

Below is some text from a letter from the OFT sent to another CAGer (unfortunately I can't remember who, and I didn't save the whole letter!):

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due).

 

However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

 

Regards, Pam

[michsienna]

hi everyone, on the letter lowell financial sent me, when they sent the copy of the application form, it does say on the letter current state of your account: defaulted, and i have 7 days to get in contact with them,.

so what im gonna do is use the letter inkogneethor wrote out (thank youxx) and post that today.

every thing im reading on here sugests it is a application form,

thank you all again for helping me xxx

[kennyparkroad]

Cant give you more reps yet pam ive to spread it around apparently!

 

but Pam has given me priceless advice and support, i dont know what i would have done without her and everyone else!

 

keep your chin up, they didnt comply, so let them know it!

[michsienna]

A compliment well deserved Pam

 

 

Edit: There we go, I take sooooooo long to type that eveyone has gotten in before me LOL. InKogneeToh's letter is so much better than mine, so I've taken mine off.

 

 

your letter was good too, i used the bottom section from your letter about a credit agreement which ent properly document ect

thank you!! xxx:-)

[InKogneeToh]

hi everyone, on the letter lowell financial sent me, when they sent the copy of the application form, it does say on the letter current state of your account: defaulted, and i have 7 days to get in contact with them,.

so what im gonna do is use the letter inkogneethor wrote out (thank youxx) and post that today.

every thing im reading on here sugests it is a application form,

 

thank you all again for helping me xxx

 

Hi

 

Yes, send them the '2nd chance' letter - and don't add anything else to it.

 

If they have still not produced an enforceable agreement after the statutory time limit has expired, then you can write and insist that they remove any defaults they have entered.

 

I am currently dealing with Lowell myself, on behalf of my hubby and they are persistent and will keep sending threats from their other 'arm' -Hamptons solicitors. Just keep all their letters together and ignore them until (if) they come up with the agreement.

 

As I said earlier, the test is not whether it is an 'application form' or not - it is whether they have a document (any document) that has all of the 'prescribed' terms and your signature on.

 

Regards, Pam

[InKogneeToh]

Cant give you more reps yet pam ive to spread it around apparently!

 

but Pam has given me priceless advice and support, i dont know what i would have done without her and everyone else!

 

keep your chin up, they didnt comply, so let them know it!

 

Thank you Kenny!!

 

I do what I can, but PLEASE remember I am not a lawyer and neither do I have any legal training of any sort.

 

If you take my advice, it is your decision, but my view is 'nothing ventured -nothing gained'!

 

Regards, Pam

[michsienna]

thank you so much , the letters is in a envlope il send it first class recored today:)

[rosemaryednam]

I am having trouble with Robinson Way. Is there anyone that can give me any help with dealing with them as they have even been very rude to my bank?

[kennyparkroad]

rosemary, advise you start your own thread and give as much information as possible so we can help you better.

 

Kenny

[120805]

Hi

 

Was wondering if someone could have a look at my thread please.

 

"Capital one did not comply with cca request (I dont think)"

 

Obvously its to do with Capital One and am not sure on what to do now and am trying to organise my post for tomorrow (whilst the kids are asleep)

 

I dont want to hyjack your thread nor steel your reliable helpers but am not very confident on this, so am just looking for a small amount of help to see me on my way.

 

Thankyou and good luck michsienna your doing great

[michsienna]

thank you and i wish you all best for sorting yours out too xx:)

[michsienna]

morning everyone, today i have recieved two letters in the post, the first one is from, SCOTCALL DEBT COLLECTING SERVICES, (this is for a book club i joined on the internet well over a year ago, who i know i bought the required number of books from,and i also never sign any agreement with)

the letter goes on to read your above (£109.96) outstanding debt has now been placed with scotcall, failure to pay or contact us with in 7 days on the date of this letter (24th april) will result in your account being passed on to our field reprsenatives to arange a doorstop call.

the debt was originaly with COMPUTERISED DEBT COLLECTION AGENCY LTD, who i sent a cca letter to on the 4th april.

i take i should send them the letter i was given the other day for a debt collection agency which was passed on to another after i had sent out for my cca along with the letter about you cant come around my house unless you have a appointment.

the second letter is from debt managers ltd,acting for littlewoods who i sent of for a copy of my agreement,but at the time was with another ddc, so i sent the other letter, (like im doing above) they have replyed with we have requested a copy of your signed agreement from our clients and will revert to you once this is to hand.

is this okay, what im doing?? xxxx:confused: :-|

[PriorityOne]

Sounds good to me... ... all by recorded delivery.

[michsienna]

will do, thanks priorityone xxxx

[michsienna]

hi everyone,

today i have recieved 2 letters in the post,both to do with the same debt. (capital one)

the first letter from LOWELL FINANCIAL is to do with the letter i replyed to them after they sent me a copy of my application form for a capital one credit card,instead of my agreement.

they have wrote, thank you for your correspondence regarding your above account, we can confirm that under the terms of the consumer credit act we are only obliged to send you a copy of the original agreement which was sent to you on 19th april,

please find inclosed a further copy of this document for ease of reference. the relevent section has been highlighted.

this clearly states that be signing the document you are accepting the terms and conditions of the consumer credit act.

the small print which they have highlighted is excactly the same small print word for word on the scaned application form which some one put on this thread the other day, this small print i see is on the same as all applications.

im pulling my hair out now, ha ha, i realy dont know what to do, becouse this is a application form, and like all applications there is a small print and you have to sign them.

i thought there was a difference between them.......................

please help me some one, i think ive pee,ed them off, and they are going to come after me big time now!!!

the seconed letter was sent out the next day 1st may, from HAMPTONS LEGAL, it reads our client lowell portfolio 1 limited / capital one

has been passed to us for attention, it goes on to read about legal proceedings may be stated, and sheriff and baillffs (not debt collectors ) will remove goods from my house, they may be able to deduct money from my wages, obtain money diectly out of my bank, and request my attendence at court for a examination of your financial means. it also urges me to call them.

the debt is for £363.33.

please help some one, what do i do now?? xxxx

[spiritgirl59]

Hiya Mich

 

I am watching to see what the good folks on here say to you about this with great interest, as I too have had several application forms back and am just at the stage where I am not paying the DCAs because of this.

 

As I said on my own thread I do not feel they will go down without a fight, and your correspondence back from them has interested me because I anticipate the exact same kind of thing happening to me soon and will need to know what to do:eek:

 

Please try not to panic - I know its easier said than done, but someone who is more experienced will no doubt get back to you quickly on this.

 

Spiritgirl

[Sparkie1723]

Here's the code of conduct debt collectors are supposed to abide by

I've highlighted the ones I think are most important to quote to a debt collector

Association of Debt Collectors

sparkie1723

3) Debt Collection & Default Guidelines

The following list of guidelines is intended as an

indication of procedures to be adopted by members.

It is not intended as an exhaustive directive to

members.

Moreover the effectiveness of collection techniques

and procedures depends on the circumstances

applying at the time collection is attempted and so

cannot be regulated in an absolute manner.

Nevertheless, the Association expects compliance

with the guidelines and any member not so

complying will have to give a justifiable reason for

non-compliance in the event of a complaint being

received by the Association.

In attempting to carry out collection in default of

payment, members of the Association should:

a. Not use oppressive or intrusive collection

procedures.

b. Not bring unreasonable pressure to bear on the

consumer/debtor in default of payment.

c. Not act in a manner in public intended to

embarrass the debtor.

d. Be circumspect and discreet when attempting to

contact the debtor whether by telephone, or by

personal visit, with due regard to OFT Guidelines.

e. Ensure that all attempted contacts with debtors

are made at reasonable times and at

reasonable intervals.

f. Unless instructed otherwise, accept all

reasonable offers by debtors to pay by

instalments provided acceptable evidence of

non-ability to pay is given.

g. Unless otherwise instructed by the debtor, not

discuss with or disclose to any third parties

especially neighbours, relatives, or employers

the consumer’s indebtedness.

h. Not use improper means to obtain the telephone

number or address of a debtor. (Improper in this

connection would refer to actions in breach of

legislation described in paragraph 1) d.i. above

or in breach of the Association’s Code.)

i. Not pressurise debtors to sell property or to raise

funds by further borrowing.

3) Debt Collection & Default Guidelines 3) continued

j. Not falsely imply by written or verbal means that

criminal proceedings will be brought nor that

civil action has been instituted in default of

payment nor should members falsely state or

imply that a judgement or document of debt

(Scotland) has been obtained against the debtor.

k. Ensure that collectors who use pseudonyms can

be identified within the member’s organisation.

l. Take all possible steps to verify that the person

being pursued is, in fact, the debtor.

m. Have due regard to and deal sensitively with

individuals where evidence has been given, or is

apparent, that the individual is incapacitated by

mental or physical disability.

n. When dealing with fee charging debt advisory

services, follow the Office of Fair Trading

Guidelines on Debt Management.

0. Offer maximum co-operation with local

consumer advisers or other intermediaries

consulted by the consumer/debtor.

p. Encourage consumers/debtors in financial

difficulties to inform members of their difficulties

and then to respond sympathetically and

positively on the evidence provided.

q. Take into consideration before determining

whether to enforce repayment all information

supplied in relation to the reason for non

payment, which may include The Common

Financial Statement, or the consumer/ debtors

future ability to repay. If the consumer/debtor has

disclosed multiple debt problems, inform them of

the availability of advisory services. Provide in all

relevant correspondence the name or designation

of a specially trained member of staff who may be

contacted regarding financial difficulties.

r. Where a debt, or the sum owed has been

disputed promptly supply information to the

debtor in support of the claim. Where no

information has been supplied by the creditor

promptly obtain the required support, ....or failing

that cease collection action.

[PriorityOne]

hi everyone,

today i have recieved 2 letters in the post,both to do with the same debt. (capital one)

 

the first letter from LOWELL FINANCIAL is to do with the letter i replyed to them after they sent me a copy of my application form for a capital one credit card,instead of my agreement.

they have wrote, thank you for your correspondence regarding your above account, we can confirm that under the terms of the consumer credit act we are only obliged to send you a copy of the original agreement which was sent to you on 19th april,

please find inclosed a further copy of this document for ease of reference. the relevent section has been highlighted.

this clearly states that be signing the document you are accepting the terms and conditions of the consumer credit act.

Thank you for your letter of xx/xx/xx.

To date however, you have failed to comply with my request for a signed copy of my Consumer Credit Agreement (Consumer Credit Act, 1974. Contrary to the comments in your recent letter, an Application Form for credit does not meet the criteria for legal compliance of my request. Furthermore, a true copy of my signed Consumer Credit Agreement would need to be produced in any court action that you chose to take.

As you have not yet complied with my request, the account therefore remains in dispute.

Yours sincerely,

 

the small print which they have highlighted is excactly the same small print word for word on the scaned application form which some one put on this thread the other day, this small print i see is on the same as all applications.

They are just trying their luck....

 

im pulling my hair out now, ha ha, i realy dont know what to do, becouse this is a application form, and like all applications there is a small print and you have to sign them.

i thought there was a difference between them.......................

please help me some one, i think ive pee,ed them off, and they are going to come after me big time now!!!

 

the seconed letter was sent out the next day 1st may, from HAMPTONS LEGAL, it reads our client lowell portfolio 1 limited / capital one

has been passed to us for attention, it goes on to read about legal proceedings may be stated, and sheriff and baillffs (not debt collectors ) will remove goods from my house, they may be able to deduct money from my wages, obtain money diectly out of my bank, and request my attendence at court for a examination of your financial means. it also urges me to call them.

This is scare tactics. They cannot authorise bailiffs to turn up without a Court Order.... the same goes for the rest of their bowlarks.... so don't worry about it. Send a copy of the above letter to them (cc it to them at the bottom) by rec. delivery, as they also need to know that the account remains in dispute.

Whatever you do.... don't call them !! This is what they are trying to get you to do.

 

the debt is for £363.33.

 

please help some one, what do i do now?? xxxx

 

[michsienna]

thank you for your support, some thing i remember is wen i applyed for my credit cards, im sure it was after you have been approved,you get sent your pin, and credit card then you are sent the agreement

[michsienna]

thank you priorityone xxxx

[PriorityOne]

Keep one thing in your mind at all times.... without a properly executed CCA, a debt (covered by CCA law) cannot be re-enforced in court. It doesn't matter how many dummies get thrown out of the pram or how many threats of this and that you receive. It is the Agreement that needs to be re-enforced in court.

 

[Sparkie1723]

What is the full name and address of this Hamptons Legal???

 

sparkie1723

[michsienna]

do i send that letter to lowell;or the second company, who claim the account has been passed to there office HAMPTONS LEGAL