advice needed,on so many debt collectors after me

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Hi there Michsienna, does it look like this?

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:grin: i say bring it on! im up for the fight!!!

 

Good on ya Michsienna!

 

The scan I posted is what lowell sent my hubby after his CCA request. At the time we thought it was kosher, but after reading around the threads it seems the general census say it is not. I personally am unsure what to do next as we claimed back the charges from Cap One and now have a small outstanding balance left with Lowell.

Good luck with your quest, sounds like you will give them what for!

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InKogneeToh is very good at dissecting these Agreements/Application Forms. It might be an idea to PM her.... as I cannot be confident that it isn't an Agreement because of the wording and the 2 sigs.

 

I would be interested in InKogneetToh's conclusion, if that wouldn't be too much trouble:)

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

 

I dunno how this rumour has spread but I am not the agreement expert!

 

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-)

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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.

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Hi Michsienna, do you know if the original debt to Cap 1 is made up of unlawful charges? I have just read through your threads but couldn;t find any info. If you send Cap 1 a SAR you would be placing the account in dispute and Lowell wouldn't be able to chase you for the money. Once you've claimed your charges back, if the balance is more than the £363, then lowell will have to leave you alone because there would be no debt. (and they'd be out of pocket:D ) If the charges are lower than the outstanding balance then it would at least reduce the debt, probably the majority of it.

Try not to worry, they like using threats to scare us into paying. I don't get scared anymore, I am empowered now, thanks to this site and it's members:D

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hi there, i have one of them reclaim your bank charges for you companys doing it for me, they are still waiting for capital ones statements,

 

Are they keeping you totally updated? Do you know the date when they requested the info from Cap 1 and when their 40 days are up? Sorry for the questions, I don't know much about how these type of companies work:)

 

When I SAR'd Cap 1 I wrote to Lowell and told them the account was in dispute with Cap 1, they replied saying that they would put the account on hold, which they did. Are they aware that you are disputing the amount?

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have i made things worse for myself????

i did this before i had disscovered this website

 

I would say the only difference between using a 3rd party and claiming back yourself is that they take so much percent of your claim as payment for doing all the work. You haven't made things worse as far as I can see:)

I would suggest you send lowell a letter telling them the account is in dispute and you will not enter into any further correspondence until the matter is settled. This worked for me, they stopped phoning and writing to my hubby. In fact, he's not heard from them since, even though the charges were refunded a couple of weeks ago.

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yes they are very good in keeping me up to date

capital ones 40 days runs out next week.

your all gonna think im a right silly moo now, becouse i did not tell this company i have debts with them, i did this becouse i have heard that it makes no difference,its your money and if you want it back in full then so be it.

would anyone els agree with this???

Nothing silly about it hun, you have asked that company to get your money back for you, no need for them to know anything about your debts etc:)

Glad they are keeping you in the know, thats a good sign;)

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i did this with hsbc bank who had sold the debt on to a company called nco, i rang them and said im currently reclaiming my unfair bank charges from hsbc, ive not heared nothing from them since....

do you agree that even though i have debts with these banks and credit cards that i would still get my money in full, and they will not deduct the debt from it??

When I claimed back from Cap 1 they paid my balance then refunded me the difference via cheque. With hubby's claim they just reduced the balance. When I tried to cancel my account with them they tried all ways change my mind, they did not want me to go!! I have also claimed TWICE from Lloyds who have not closed my account (even though there's no income going in) I also have a loan and CC with Lloyds, which are up to date, and they've not tried anything dodgy. BUT, saying that, I have read on the bank threads where people have had their banks & CC companies retaliate. There doesn't seem to be a run-of-the-mill fallout, I think it just comes down to individual circumstances and whether you are up to date with your payments etc.

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Ahhh, right, I get you now lol. I have just had another read of your first post and see where you're coming from.

 

I would think they probably would deduct the debt from any reclaimed money, as Cap 1 did with my account, and you would get any that remained. It might do us both good to have a read around the threads for more info on successful claims with DCA's and suchlike. The debt threads have grown so much over the past few months so it might take some time.

 

The way I see it, whether we get money back and/or have our debts reduced, the outcome will leave us financially better off. Which makes all this def worthwhile: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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The afore mentioned agreement for everyone's perusal......

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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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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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Well done Mich, you are doing brilliantly! I agree, no need to contact Lowells, why waste time/ink/postage on a letter they won't even bother to read:rolleyes:

Keep up the good work, try not to be nervous you have our support here whenever you need it:) XXXX

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thank you so much mate that means alot,

i do feel quite proud of myself, and i couldent of got this far with out all of you helping me. i sending out loads of hugs and kisses now with this message, lol! xx:D

 

Awwww, how sweet! You have every right to be proud of yourself, and isn't it satisfying to stand up to the bullies!

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morning everyone,

ive just recieved a letter from DEBT MANAGERS LTD (for littlewoods)

they have wrote in there letter they have been unable to obtain a copy of the signed agreement, so they have closed the account and returned the file back over to littlewoods.

all future communication should be with them direct. xx

Yay, that's one DCA out the way Mich!! WELL DONE ! And if they can't supply it, that means Littlewoods won't be able to either.

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hi mate,

 

i had a debt collector (to do with a book club), sent me the same sort of letter the other week.

 

yes it is good news.

 

remember the reclaim back bank charges company i told you about, they are taking hsbc to court, i had to sign papers the other day:) xx

Great stuff, shouldn't be long before you get your money back from them then:D Did you put in your POC that you wanted paying by cheque after?

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no but im sure,this company will get it all back for me, i havent told them im in debt with them.

 

im gonna have to wait and see,

 

if they do take the money to pay towards the debt il will say then about all my other debts, and the money is mine and i will decide who gets what. xx:)

If the account is still active/open the bank will more than likely pay it off your debt:( although if it's already been passed to a DCA then you should get a cheque, I think:-) either way, you'll know soon XX

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hi mate,

 

the account was shut down some years ago, and in the last year the debt was sold on. xx

In that case you should recieve a cheque:D Nice.

 

And, regarding tender for CCA requests, I, personally, prefer sending cheques as they are cheaper than PO's and you know when/if they are cashed. Tho obviously thats not an option if you don't have a cheque book:wink:

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Yes, you can check with the PO I think. I just find it easier to check my online banking. I would love for someone to send 100 1p stamps oh to be a fly on the wall when they opened that envelope! But, as DCA's like to cause us as much misery as they can, they would probably refuse to accept them as payment.

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like you can go online and find out when they have recieved some thing you sent recorded delivery:) xx

I have had about 3 recorded deliveries that are still showing as "no information available" months after they were sent. The only way I know they have been delivered is the cheques have been cashed and/or correspondence from the recipient. I wouldn't say royal mails site is 100% accurate.

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Hi Mich, I wouldn't bother sending letters to those who have ignored you so far. Deal with them as and when you need to (saves confusion and money;) ) As for Lowells/hamptons....I've had a letter like that from them, which I just ignored. yesterday I posted off this letter..... (see post no 31) http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59284-confused-about-reply-my-2.html cos I am fed up with their harrassment.

Who did you report to TS?