advice needed,on so many debt collectors after me

[InKogneeToh]

Did I hear my name mentioned?

 

I dunno how this rumour has spread but I am not the agreement expert! I'll give my opinion though.

 

But first some Golden Rules:

 

Never communicate over the phone with any company who is chasing you for debt - only in writing and keep copies of EVERYTHING.

 

Always start your initial communication with 'I do not acknowledge any debt to your company', never refer to 'my' agreement or 'my' debt, always the 'alleged' debt/agreement etc.

 

Don't start any payment plan with a debt management company for any debt that is now in the hands of a DCA until they have proved to your satisfaction that they have a right to collect the debt and, if they now own the debt, the credit agreement to back up what they are demanding. There are many cases where a DCA acquires a debt and chases the wrong person!

 

Similarly, never offer repayments to a DCA until they have proved the above.

 

With regards to the CCA request, only the CREDITOR is obliged to comply with this. If the DCA is acting as an agent for the creditor, the request should be sent to the creditor, not the DCA. However, if the DCA have stated that they have bought the debt, then they are the 'new' creditor and the request should be made to them.

 

Many catalogue accounts exist where an agreement has never been signed. If this turns out to be the case, they will not be able to enforce the debt.

 

Right, now to the agreement.

 

FIRST TEST:

 

Does it contain all of the following:

 

A credit limit (or explanation as to how it is to be determined/notified to you)

 

An Interest Rate

Number and frequency of repayments

 

If any of the above are missing then it is totally unenforceable.

 

Has it passed this test?

 

Regards, Pam

[InKogneeToh]

Hi

 

Firstly, many thanks for the rep points I have received today!

 

There is much debate about whether an application form can be classes as an 'agreement' but the bottom line is that ANY document that contains ALL of the prescribed terms and the debtors signature will be potentially enforceable, depending on how many other errors there are in it.

 

Please check your documents VERY carefully as these terms are often in the small print. If what you have received is an application form, and if you are certain that the 'prescribed terms' (above) are not ALL present then my advice is to send them the following:

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

Yours

 

This gives them a 2nd chance to send a 'proper' agreement (if they have one) and also lets them know that YOU know what is required.

 

If the document is an agreement, then without all the 'prescribed terms' it is totally unenforceable and you can tell them so.

 

In any other case, where any required information is missing, then the agreement is just 'improperly executed' and enforceable on an order of the court only. In such cases the court will assess the prejudice caused to the debtor by the particular errors/omissions and when making any enforcement order has the discretion to change any part of it in order to compensate the debtor.

 

Regards, Pam

[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!

[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

[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

[InKogneeToh]

Something fishy about Hampton Legal and Lowell Financial Ltd

On the Companies House register or the Information Commissioners Office register is there no mention that Hamton legal/Lowell Finacial ltd have anything to do with each other trading style or not they have got to be officially recorded somewhere they are linked its got me a bit puzzled.

sparkie1723

 

Hi

 

Hamptons Legal aren't a Ltd company in their own right - they are just a trading name/style of Lowell Financial, i.e. in-house solicitors of the same company. Only Ltd companies have to be registered at Companies House - a company can also have as many trading names/styles as it wants.

 

Regards, Pam

[InKogneeToh]

 

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