Help needed re Lowell Financial & CCA

[maggieboo]

I have a Barclaycard debt of approx £1,000 that I have been paying at £1 a month for 9 years to Mercers debt collection agents. In November last year I received a letter from Lowell Financial saying that the debt had been sold to them and I had to pay them now. I wrote to Mercers and Barclaycard asking if this was true but never had any replies from them.

 

I then got many letters from Lowell, each one ignoring anything that I had written to them, threatening court action if I did not phone them immediately to pay my debt with them. I sent them copies of my income and expenditure and 2 token payments of £1 a month. They banked the cheques but never acknowledged my token payments or income and expenditure, then I had a letter from Hamptons saying they were preparing my case for legal action.

 

Luckily for me, I then stumbled across this website and gleaned all sorts of excellent information and help.

 

I sent a CCA request to Lowell Financial on 16th April and they wrote to me on 17th April saying that they would try and request this information from their client but it could take some time.

 

Today, 26th April I received a letter from Lowell Financial dated 20th April enclosing a very poor copy of my Barclaycard Application form. I have quite clearly signed it and my writing can be read but I cannot read any of the form that I filled in as the print is so small and the copy is so dark.

 

Is this signed copy of the application form what I am supposed to have received? I cannot see any reference on it to it being a credit agreement and there are no signatures or stamps from Barclaycard.

 

Please can anybody help me out and advise me what I should do now? Should I write back to Lowell pointing out that this is only an application form which is not what I asked for? Should I just sit and do nothing, but I am worried that they may take me to court.

 

The accompanying letter said that I must phone within 7 days with my proposals for repayment, but this is also unfair as they dated their letter 20th April and I received it on 26th April so I can't contact them within 7 days.

 

I am also a bit confused because in my first letter from Lowell they said that the Barclaycard debt had been sold to them, but in their letters now, they are saying that Barclaycard are their client. Surely if they have bought the debt then they are nothing to do with Barclaycard and they cannot say that Barclaycard are their client? Are they just saying Barclaycard are their client in an attempt to intimidate me?

 

By the way, I have NEVER phoned Lowell and I have no intention of doing so. I have told them in previous letters that I will not talk on the phone and will only correspond in writing. They also do not have my phone number.

 

Thanks to anyone that give me some help!

[LAN01]

As I understand it an application form is just that, an application form. There should be a credit agreement that you would have signed on acceptance of the application form this should be signed and dated by both you and your creditor. Also included should be their terms and conditions. If you have not received any of this then they have not provided you with the information you have requested.

 

I would therefore wait for the 42 days to be up before you contact them again or you could write another letter requesting them to forward you the correct information that you asked for in your orignal letter.

[diskmandave]

With regards to the unreadable credit "agreement", contact your local Trading Standards. From my own experience, Lowell Financial don't argue with them!

 

Have a read of my Lowell thread for a greater understanding of how things work with them.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

Good luck, Dave.

[Zimmie]

Hi Maggie, your story sounds the exactly the same as mine!

 

Lowells..preying on the vulnerable!

 

I'm just at the stage of disputing that the awful copy application form they sent in response to my CCA satisfies their obligation...they insist it does....I insist it doesn't.

Have a read, you may find something useful, if not it will help you realise your not alone in your battle...and you'll be amazed at the similarity to your case.

 

All the best, Zim.

[maggieboo]

Thanks for your replies. I've looked through your threads Dave and Zimmie - thanks - there's some really useful info there. I'll keep you posted on what happens.

[gypsumsif]

this may be a silly point. but if you have all received bad copies, do you think that lowell's are purposefully sending out bad/illedgable copies in an attempt to throw you.

[diskmandave]

this may be a silly point. but if you have all received bad copies, do you think that lowell's are purposefully sending out bad/illedgable copies in an attempt to throw you.

 

Lowell Financial only forward what is sent to them by the original creditor.

 

Don't forget that Lowell Portfolio I & II are purchasers of debts on a truly massive scale and Lowell Financial are the collection arm of the group.

 

As DCA's go (and, yes, I have my own opinion of the Lowell Group that I can't post for legal reasons, as do many other CAG'ers!) they're probably the most compliant DCA in respect to complying to CCA requests (from the original creditor).

 

If they send you an awful copy, this is to your advantage!

Complain to Trading Standards, they'll write to Lowell on your behalf, and in my case Lowell Financial caved after just 1 letter from TS's.

 

Good luck, regards, Dave.

[maggieboo]

Hi, here is the copy of what Lowells sent me in reply to my CCA. As you can see it is a very poor copy of my Barclaycard application. It is barely legible.

 

Do you think I should write back and point out that this is not what I should have received, or just leave it and see what happens? The 12 days is up on 2nd May. Although I am thinking about your TS suggestion Dave.

 

thanks again all.

Maggieboo:)

[diskmandave]

All I can see is, "barclaycard", & "application"...

 

Upload your scans to photobucket and you can post the IMG CODE so that you get a clean image within your thread!

 

Like this.....

 

 

Regards, Dave.

[maggieboo]

Thanks Dave, I didn't know about photobucket, hopefully this is a clearer image.

 

[diskmandave]

Is that really all that they can provide?

 

Get in touch with TS's! It's clearly headed application!

 

If they 'phone U again tell them that you're dealing with TS's.

 

Regards, Dave.

[maggieboo]

I assume then that this is not what I should have got from my CCA request?

 

Do I have to wait for the 12+30 days before contacting TS's?

 

I've been lucky so far as Lowell have never phoned me and I have NO intention of ever phoning them.

 

thanks again

 

Maggieboo:)

[diskmandave]

Most of it's unreadable! (Nearly all of it!)

 

Personal opinion.... Contact TS's! That doesn't comply...

 

Regards, Dave...

[Zimmie]

Hi Maggie, I've tried all sorts to be able to read your application form. I e-mailed it to myself, used windows picture & fax viewer, but I still can't read it..there again I doubt if you can with it in front of you!

I'm with Dave on this, it appears to be an application form...well thats what it says as the header! Incidently what is that bar code sticker covering up?

[LAN01]

I agree, it is an application form and most companies send out a credit agreement upon receipt of an application to be signed along with their terms and conditions, contact TS as already said above.

[maggieboo]

Hi Zimmie, I've got no idea what the barcode sticker is covering up, your guess is as good as mine, the copy that i've got from lowell's is so poor as you can see.

 

i shall re-read diskmandave's thread re: TS and take that route I think.

 

Thanks again all.

[diskmandave]

They should have sent, for a CCA request, clear copy of original executed agreement, original terms & conditions in force when account opened, running totals of payments, amount still outstanding........

 

Regards, Dave.

[maggieboo]

Thanks for that Dave, I wasn't entirely sure what I would receive for my CCA request. I have only been sent a photocopy of a fax of a photocopy of my application form. (sorry, bit of a confusing description!) There are no terms & conditions, no original agreements, no statements, nothing from Barclaycard to say that the debt had been sold or assigned. Although they do inform me of the balance outstanding with each letter, but this seems to vary very slightly with each letter!

[diskmandave]

OFT response to failing to provide agreement:

 

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

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.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed.

[maggieboo]

Dave, I'm interested to know, when you contacted TS, did you write to them explaining the whole thing and send copies of all your correspondence?

 

Did you write to Lowell saying that they had not sent the correct document in response to your CCA request? I'm thinking about writing to lowell to point out that they have only sent me an application form just to buy me a bit of time, or does that not matter, should I just ignore Lowell now that I am going down the TS route?

 

regards

maggieboo

[Sve]

With regards to unreadable copies of documents:

 

Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, every copy sent under the Act must be easily legible:

 

Legibility of notices and copy documents and wording of prescribed Forms

 

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

Thanks to InKogneeToh for this!

[maggieboo]

I've gathered together all my correspondence between myself/lowell/hamptons, and letters that I've sent to Mercers and Barclaycard that they never replied to when the debt was 'sold' to lowell, and I've got quite a lot of stuff to send off to TS.

 

diskmandave, I'm interested to know, when you contacted TS, did you write to them explaining the whole thing and send copies of all your correspondence?

 

Did you write to Lowell saying that they had not sent the correct document in response to your CCA request? I'm thinking about writing to lowell to point out that they have only sent me an application form just to buy me a bit of time, or does that not matter, should I just ignore Lowell now that I am going down the TS route?

[maggieboo]

I am going to send this letter to lowell in response to the application form that they sent me when I CCA'd them:-

 

********************************************************

 

Dear Mr Bartle

 

I refer to your letter dated 20th April 2007 that I received 26th April 2007.

 

I note that you have sent me a copy of a fax of a copy of the application form for this account.

 

However, on 14th April 2007 I made a written request for a copy of the executed agreement under section 77(1) and section 78 (1) of the Consumer Credit Act 1974. This letter was sent by recorded delivery and signed for at your office on 17th April 2007.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your client and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

Yours sincerely

 

Maggieboo

 

*******************************************************

 

Any comments would be gratefully received.

Thanks

Maggieboo

[maggieboo]

Thanks Sve!

 

With regards to unreadable copies of documents:

 

Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, every copy sent under the Act must be easily legible:

 

Legibility of notices and copy documents and wording of prescribed Forms

 

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

Thanks to InKogneeToh for this!

[dencha]

Hi

 

Once you have applied for the CCA they are obliged to supply it within the statutory time period.

 

You should not extend the time scale youself by giving them an extra 14 days. You may feel the need to do something, but sometimes it is better to wait for the statutory periods to expire.

 

If the default time period has passed then only a court can enforce the debt if they can come up with the goods at all.

 

What you need to do now is wait the one calender month from date of default until an offence has been committed by the DCA.

 

Once the offence has been committed send everything to TS.

 

I am roughly at the same stage now as you with Lowell at http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80182-dencha-lowell-portfolio-1-a.html