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advice needed,on so many debt collectors after me


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evening everyone, i gave my friend the copy of my application form/ credit agreement to scan on her pc and send to mine, lol

the thing is i cant get it to come up on this thread, ive been looking at some other threads on this site this evening to do with credit application forms, and im even more confused now

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if anyone out there would be kind enough to let me email them, my scanned credit/application, so i can have your guess on what it is i would be so very greatful, pm me your address and i will send it you. many thanks michelle xx

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hi there, so you think it is a application form, becouse as you know lowells are saying it a credit agreement, i sent them the letter you done for me the other day xx:)

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It looks like an Application Form to me.... it is headed up "Application Certificate". It includes "3 easy steps to filling out your Application Form". It asks for Personal Details... and there are no figures on it whatsoever, which would make it unenforceable by a court.

 

:D

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I agree, PO, there's no APR, credit limit, T&C's etc...

I have read the terms and conditions setting out the agreement with Capital One, and, in the event that my application is accepted, I agree to be bound by these terms and conditions as amended from time to time.
isn't the consumer supposed to have a copy of these T&C's on the same page as their signature? And wouldn't the creditor be obligated to send their amended T&C's to the debtor as and when they arose?

 

Keep at 'em Mich, you are doing great:D

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hi everyone, when i last heard from lowell the sent me a copy of this agreement/ applicatiom form again, and highlighted the small print, they said that this section makes it a credit agreement becouse it says so:confused:

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Not a problem Mich, happy to help. It will no doubt help others to compare theirs with, plus everyone can give more informed advice now they can see it.

 

Have you read Discmandave's thread? he won against Lowell, they sent him the same sort of thing and he contested it:grin: it makes for a very interesting read and gives us hope we will have the same outcome.

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No, you can't copy and paste pics like you can text. did you try using the little postcard (says insert image when you hovver over it) in the reply box?

I have had a good read around and the general cencus is that it is just an application form. Stick to your guns, Lowell are just clutching at straws, imboceles they are!!

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thank you so much for all your doing for me:)

i think it must be a application form too,ive been reading around, and from what people are saying , it is.

why is it though that lowells are saying,that the title and wording of the small print make it a credit agreement??

so bascialy becouse it reads credit card account agreement credit card account regulated by the consumer credit act 1974,

this does not make it a credit aqgreement

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why is it though that lowells are saying,that the title and wording of the small print make it a credit agreement??

 

 

Hi

 

That's because they are hoping that you don't know otherwise!

 

If the document you signed does not contain all of the prescribed terms, it is unenforceable - full stop!!

 

Does it refer to separate T&Cs, and have they sent you these (the originals)?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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hi pam, when i sent a cca letter to them this is what they sent me along with a letter from them selfs saying i should contact the in 7 days to make a payment plan with them selfs.

i sent them a letter saying that what the sent me wasent a credit agreement,

they replyed saying they are only obliged to send me a copy of the original agreement which was sent to me on 19th aprill, and they sent me the same thing again,but this time they highlighted the small print, they go on to say in there letter that by signing this i was accepting the terms and conditions of the consumer credit act .

sent out the next day i recieved a letter from hamptons legal, (part of lowells)saying that my account has been passed on to there office for attention, this letter goes on about sending a bailiff or sheriff not a debt collector to remove goods from my house, obtain charges against my property, deduct payment from my wages, take money diectly from my bank account, and request that i go to court for a examination of my financial means

ive replyed to them with yet another letter saying again it ent the credit agreement.

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the application form they have sent me was a photo copy, put you can see the 3 lines down the page, where you would have to fold it up and post it off, when applying for a credit card

there is no letter with terms and conditions, just the form you see on this thread, and a letter from them selfs

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Hi michsienna, thanks for your kindly worded PM, just had another read of the whole thread and can see you're doing just fantastic now compared to the first time you posted. There's so many knowledgeable people helping out on your thread that there's not much that I can add other than in the way of words of support.

 

The one thing I would suggest though with regards to Lowell Financial is to get Trading Standards involved. It only took one letter from TS's for LF to give up and admit defeat straight off, you might also consider writing to Lowell and asking for a copy of their complaints procedure just to keep them on their toes as i'm sure they'ld realise that an FOS investigation would cost them £400 which is more than the amount they are chasing you for. Don't bother with rec/del with this one just get a certificate of posting as i'm sure all of the £1.04's are adding up!

 

If I could suggest one more thing... :roll:

Please lose the CYAN font colour, my eyes are sore now! (LOL!) ;)

 

I'll keep popping in to see how you're getting on.

 

Regards, good luck, Dave.

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Hi

 

That's because they are hoping that you don't know otherwise!

 

If the document you signed does not contain all of the prescribed terms, it is unenforceable - full stop!!

 

Does it refer to separate T&Cs, and have they sent you these (the originals)?

 

Regards, Pam

 

 

Hiya Mich

 

Hope you are OK this rainy Monday morning. :razz:

 

Sorry to jump into your post here my friend - I just wanted to ask Pam if she could confirm what she means by "prescribed terms", separate T&Cs and the originals???

 

I'm in the same position as you Mich as you know - I have one of them chasing me on the phone now - not a DCA but the original lender for a store card as I cca'd everyone - DCAs and original lenders.

 

This lender has sent me an application form which purports to be an agreement. This is a photocopy, and its the application signed in store. As I can't upload it, is it OK if I just list the sections here so you can see what I mean?

 

1. About You (name, date of birth etc)

2. About your partner

3. Payment Protection Plan (which I didn't tick)

4. Contact Numbers

5. Which best describes your home (owner, tenant etc)

6. Home address

7. Employment details

8. Do you have any of these cards? (lists Visa, Mastercard etc)

9. Choose your method of payment

10. Your bank/building society details

11. Declaration and Consent

12. Your right to cancel

13. Your signature

 

and at the very bottom, the credit limit is noted, the first purchase amount, the assistant's signature, the date, the account number assigned to this card.

 

What do you think? Could they enforce the debt with this document?

 

Thanks in advance

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi guys, I found this very useful thread containing lots of info and template letters to use in our fight against DCA's sending out application forms as agreements, not complying with our requests etc....

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

 

Hi there Spiritgirl, it's Tuesday today, the BH causing confusion? lol ;) it's very windy here in Wales! Is there anyway you can get a copy up of your application up? Does it have the T&C's and APR?

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Hi S.A.

 

Nope, no T&Cs or APR on the application form. This is what is throwing me completely.

 

LOL yes its Tuesday not Monday... I am still a day behind :-o

 

I'll have a look on the thread you've posted thanks so much.

 

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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thank you, trip to optician duly canceled:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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