Help needed re Lowell Financial & CCA

[dannyboy660]

Seems to be a bit of a stalemate.

 

They've not supplied a CCA, and if they had any intention of taking court action, or were in a legal position to do it...I'm pretty sure they would have set the wheels in motion by now. It doesn't do them any good to just let things drag on like this. I can't help thinking it would be better not to 'rattle their cage' because they might be trying very hard to find something and just buying time for the OC.

 

What to do?? That's a difficult one but if it were me in that position, I'd still be tempted to do nothing.

 

They are very persistent, you have to give them that.

[maggieboo]

they certainly are persistent, but now I'm right back to where I was a few months ago. they passed me onto their legal department back in March and here we are 5 months later with the same threats, despite me sending a CCA request and going to TS.

 

it is so frustrating to have gone full circle with them but i suppose it is all part of their attempt to wear you down.

 

I just don't know whether it is to my advantage to ignore them?

[dannyboy660]

Your contract was with Barclaycard.

They can sell it to someone else for gain if they wish, but unless/until you acknowledge the right of a totally unconnected third party to collect...what can they do?? Nothing I suspect, particularly as they can not even produce a valid CCA. They've been demanding money from you they have no legal right to collect because they do not have the correct legal instruments in place. They have bought themselves a worthless bit of paper.....Caveat Emptor springs to mind again. Lowell take a gamble everytime they 'purchase' what is supposed to be delinquent debt. Often they win by targeting people in DMP's who will pay regardless, (as their profit margin shows) but occasionally people are prepared to say "Hang on a second...wtf has this got to do with you??"

 

The first contact used to be a leaflet explaining all the good ways Lowell could 'help' you clear the debt they had purchased. The underlying theme was not to ignore them...because that is the very thing they fear most. A victim refusing to acknowledge their right to collect on a purchased debt.

 

There's only two paths they can take now. They will have to take you to court which is nowhere near as bad as people seem to think, or leave you alone. Unless you decide to give in to them, but somehow I don't think you are going to do that...and I say good for you.

[maggieboo]

i didn't send the letter to lowells that i put in my post 100, but i have written to them reminding them that they have not complied with my CCA request as they have not sent me a fully executed credit agreement and that now the account is in dispute.

 

i put at the top of the letter I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY as i hadn't put it on my CCA request.:o

 

i had a look at my credit record with experian and it's good, I haven't got any defaults, so maybe that's why they're hanging onto me? if my credit record is ok perhaps they think i must have some money somewhere to pay them!!

 

LOL, if there was any spare cash i wouldn't be in this mess!

[wag]

hi maggieboo, im sooooo glad i found this site, i am also being persued by lowell for a barcleycard debt from the early nineties!!!!! i have been paying lowell 30 pound a month since about nov last year! i didnt even think the fact that it is barcleycard i owe and not lowells, so the cca route seems obvious now. im going to write to them this afternoon requesting a cca, thank you sooo much for keeping us up to date with what is happening, it gives a lot of people like me who would definately have carried on struggling to pay this for the next 5 years!!!

will keep you all posted

wish me luck!!! hahah

[wag]

hi there, has anyone had any dealings with Capquest, my hubby is going through the same thing with them, the debt is only for a small amount about 134 quid, from about 1991/2 i av said i will pay 20 pound a month, but now im not sure if we should pay or go down the cca route because its actually halifax we owed to originally, what dyo rekon?

[maggieboo]

Hi wag,

 

Welcome to CAG. finding this site is probably one of the best things you have done!

 

the best thing you can do now is start your own thread then you will get all sorts of help and advice. the problem with joining onto someone elses is that things can get a bit confusing.

 

Even though this thread has gone on a bit, it's all still quite new to me, and there are an awful lot of people of CAG that can give you some excellent advice.

 

Good luck with it all.

 

Maggieboo:)

[maggieboo]

Guess what?

 

I'm still receiving more letters from lowells, 30th august, 4th & 10th september.

 

the same old jargon about how they cannot understand why I haven't paid them considering how generous they have been in allowing me plenty of time to pay, and how they have given me numerous options of payment and numerous offers also. oh yes, they might have to refer me to hamptons legal (again!) when do they give up?:-?

 

the only option i haven't tried with them is to ignore them, and to those of you who have read my thread i'm sure you'll agree that is about all i can do now. i will keep you updated and hopefully I will be able to have some of DMD's balloons at some point!

[maggieboo]

Received another letter from lowells asking for full payment or else so on the 14th September, I sent the following letter to them:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I refer to my letter dated 14th April 2007 which was sent via Recorded Delivery to your offices in which I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment, along with any other documents mentioned in the credit agreement.

 

You have failed to legally fulfil this request. The documents I requested should be readily available as proof of your legal right to collect this alleged account.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the Consumer Credit Act 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on 2nd May 2007 and 1st June 2007.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement 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 on 1st June 2007 this alleged account became unenforceable at law as you have failed to comply with the request for a true signed copy of the said agreement, any other relevant documents mentioned in it and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974.

 

Your continued letters, and their frequency, demanding payment whilst this alleged account is in dispute and unenforceable are unacceptable.

 

I believe that your company is in breach of the Office of Fair Trading Guidelines for Debt Collection:

 

“Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals – your letters are sent too frequently, sometimes only a few days apart not allowing adequate time to respond or seek further help if necessary

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing – each letter states I can pay by credit card thus enticing further debt

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so – you have stated that I must pay in full

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued – the alleged account is in dispute as you have failed to comply with the CCA request yet you continue to demand payment

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt. – you have continued collection activity whilst this alleged account is in dispute.

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed. – I have made no agreement to have agents visit my home and will not as the alleged account is in dispute.

 

The law set in the Consumer Credit Act 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assume that you already had in your possession, prior to issuing letters demanding payment. These letters must cease whilst in dispute, otherwise these can and will be deemed harassment by letter, which is against the law.

 

Please provide me with a copy of your complaints procedure as your continued demands for payment and threat of further action are completely unacceptable as this alleged account is in dispute.

 

 

I thought it might stop them in their tracks, but no. This is what they replied with:

 

As a company we are well aware of our obligations in respect of the Consumer Credit Act following such a request as yours, and your comments are duly noted. However, your guidance is certainly not required and neither do we require certain sections or sub-sections of said act documenting or quoting.

 

We would advise you that the documentation that you have been provided with is sufficient to ensure that we have remained compliant with the provisions of the Consumer Credit Act 1974. This also applies to any other act or guidelines that you believe have been breached. Under the circumstances, your comments are refuted in their entirety, including your suggestion of harrassment. It is clear that you do not have a valid dispute concerning this account and your own offer of payment earlier this year is tantamount to this effect. As such, our action in pursuit of this outstanding balance will continue unabated.

 

As requested, please find enclosed a copy of our internal complaints procedure. Please note, should your complaint surround the contents of your letter dated 14th September 2007, you will be provided with a copy of this letter as a final response.

 

I trust that the above clarifies our position.

 

Yours sincerely

 

 

In other words you should now be very scared of us and if you do complain we will ignore it.

 

And they didn't include their complaints procedure, they've probably run out of them!;-)

 

Any suggestions for my next move gratefully received.

 

[Curlyben]

Time to get TS involved and go from there.

[maggieboo]

Time to get TS involved and go from there.

 

Thanks Curlyben, but I did try TS back in June when Lowells didn't comply with CCA request and still asked for payment. Unfortunately TS felt that Lowells had complied and that I had to pay up because too many people try and use CCA loopholes to avoid their debts. I could try TS in Leeds though.

[Curlyben]

You have a PM

Enjoy

[maggieboo]

You have a PM

Enjoy

 

Thanks Curlyben, a tickle is on it's way!

[maggieboo]

Hi

 

Can I just ask a bit of a dumb question about what being in dispute actually means?

 

I'm still getting letters from Lowells saying the usual rubbish. I wrote to them a while ago saying that seeing as they had not supplied a valid CCA the alleged debt was now in dispute and I would not be having any contact with them. They have written saying that because I offered to pay £1 a month (before I found this site) that was their proof that I did not have any valid dispute and they would continue to pursue me unabated.

 

I say the "account" is in dispute because they have failed with the CCA request, they say it isn't because I offered a token payment months ago.

 

I am right aren't I?

 

Thanks

[Curlyben]

It's better than that.

As they have failed your CCA then the account is in default and you don't have to pay them anything.

Also they are not allowed to demand payment or threaten enforcement action.

 

If they continue to demand payment then a report to Trading Standards would be in order as they are pursuing an unsubstantiated debt.

[maggieboo]

Many thanks for your speedy reply and for clarifying that CB.

 

I have reported them to TS, I wrote a very polite letter explaining all and sent copies of all correspondence but TS said that Lowells only had to send an agreement if they had one and then offered to negotiate a payment on my behalf!

 

I have written a formal complaint to lowells (for what it's worth) so that I can then complain to OFT and FSO, but I suppose really it's just a case of battling on and not letting them get to me, I expect they rely on wearing you down in the hope of getting what they want.

[Curlyben]

Sorry, but TS are talking wotsits.

How can Lowells collect on a debt they can't prove ?!

 

Unfortunately TS don't have as much knowledge about CCA as we do.

 

Try it again and if it fails go for FOS.

Hit Lowells with £400+ for the complaint

[maggieboo]

okay, so last week i decided to lodge a formal complaint with lowells based on the grounds that they have not complied with my cca request, issuing a poor copy of an application form in place of a fully executed signed agreement with prescribed terms and continuing to demand payment whilst in dispute, and i received their final response today. their final response consisted of a copy of a letter they sent to me in september saying that i had no valid dispute because i had offered to pay them (before I found this site and i was scared of their threatening letters). they didn't actually acknowledge or mention my complaint at all.

 

Also today I had a letter from Hamptons saying that legal proceedings may be issued. (i've had one of these back in april).

 

they passed me onto hamptons whilst 'investigating' my complaint, i didn't think they could do this? i know they just do what they want, but i don't think that OFT will consider this to be fair practice. I think this where I will have to go now, seeing as I've tried all other avenues.

 

When will this ever end? :mad:

 

well, we've nearly reached out first anniversary!

[Curlyben]

What complete Bovine Excrement.

 

Now as you have a final response from these "people" time to take it to the FOS for resolution and a nice fee of £400+ for Lowells

[maggieboo]

Now as you have a final response from these "people" time to take it to the FOS for resolution and a nice fee of £400+ for Lowells

 

Is FOS the Financial Services Ombudsman? lowells sent me one of their leaflets with their final response and their leaflet says that they resolve disputes without setting fines or punishments. Even so, I will still write to them and OFT about lowell.

[Curlyben]

This isn't a fine or punishment, but what they charge for each complaint that they investigate

[maggieboo]

wow you're fast CB! and thanks again for clarifying things.

 

can i make separate complaints about each thing they've done wrong?

[Curlyben]

Wish it was like that, but I think they take it as one complaint.

 

BTW I respond when I get an e-mail and yes I am sitting on my computer waiting. Hey I'm an IT geek

[maggieboo]

Hey I'm an IT geek

 

nothing wrong with that - i live with one!

[maggieboo]

An update.....

 

I sent a complaint to the FOS and received a reply today just saying that they are receiving high volumes of enquiries and will provide me with a full response as soon as they can.

 

And I also got a NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM from Hamptons yesterday. I haven't had one of these before.

 

It says "Take notice that legal proceedings are currently being prepared to be sent to Court for service upon you. Should you want to avoid this happening you should contact us within the next 3 days to arrange settlement of your current debt of £xxxx.xx"

 

It is dated 8th November and there is various info on court fees and interest etc, and of course how to pay them. They tell me that if I pay by cheque then it should be payable to Hamptons Legal.

 

I shall just wait and see what else I get.

 

But one thing, should I pass a copy of this onto FOS? Can Hamptons/Lowells/whoever continue pushing for Court action if the matter is under investigation by the FOS?