Help needed re Lowell Financial & CCA

[diskmandave]

Hi Maggie, thanks for the PM.

 

I can't really add much to what's been posted above, absolutely fantastic all of it!

Major rep' to Sve for finding that cancel/copy reg's quote.

 

When I approached TS's I p/copied all correspondence and put it correct date order and also said which laws/regs they had breached and then found our local TS's direct address on the TS website and mailed it direct, I seem to remember I got a reply from the team leader the same week.

 

Good luck with it! You go for it!!

 

Regards, Dave.

[maggieboo]

Thanks Dave, much appreciated!

[diskmandave]

No prob's Maggie, I sent u a click for good luck too!

[maggieboo]

Thanks for the click Dave.

 

Something that I've noticed that has cropped up on other threads is to not acknowledge a debt. Well, a while ago I made 2 £1.00 token payments to Lowell and sent them a copy of my income and expenditure accounts in an attempt to come to a payment plan/agreement with them. Does this mean that I have now acknowledged the debt and can't complain to the TS about them, or can I argue that I only made these payments to them as I felt threatened by them and scared of what they were going to do? (Which is completely true, until I found this site).

[diskmandave]

By sending the token payments you've certainly restarted the clock, but this by no means wipes out their legal obligations and the fact that you can report them for not compying...

[Vampyra]

I'm also close to your stage maggie - both my Lowells accounts defaulted today, so now just have to ride the 30 days out.

[maggieboo]

I had a look at the Lowell website ( of me!), and I noticed that they have a CSA (Credit Services Association) code of practice on there which I had a look at and thought I would attempt to put into this thread (bear with me if I get it wrong).

 

 

Well, after reading through it they don't seem to be complying with it. That might be someone else to complain about Lowell to as well as TS.

 

p.s. sorry if it comes out upside down, that's how it came from the Lowell website!

CSAdocpart1.pdf

CSAdocpart2.pdf

[dencha]

Hi Maggie

 

In case you missed this on my thread, repeating on yours.

 

Maggieboo

 

The reason your photobucket pic is small is because you have copied the wrong link.

 

In Photobucket you need to copy the IMG link which is the third one down. You have copied the URL link which is the first one. Hope this helps.

 

Now, I have shown you mine and now you should show me yours.

 

dencha

[maggieboo]

hi dencha,

 

thanks for that, i thought i had copied the IMG link last time, but maybe not. here it is again.

 

 

 

regards

maggieboo

[maggieboo]

well, it doesn't look much better, perhaps I had better scan it in again and start again?

[dencha]

Probably a good idea. My application copy arrived A4 size and scanned it as jpg file.

[evelyndarling]

im in the same boat as you, lowells are messing about. they sent me a copy of an application, and i sent them back a short sweet letter saying that they havnt complied, its on my thread. they are awful. im just waiting with baited breath for them to start hassling me. i think we are probably at the exact same stage. they defaulted on my CCA today if its 12 working days, or april 30 if its 12 normal days. im going to subscribe to your thread to keep track of what happens to you, as i wonder what they are playing at.

 

evee.

[maggieboo]

Hi evee

 

My 12 days was up yesterday, I counted it in working days. In an earlier post I said that I was going to write to Lowell stating that they had only sent me an application form, but I have decided not to do that at the moment. I am going to wait and see what I hear from them and then I will send that letter to them, just to stall things to the 30 day timescale. When the 30 days is up I think I will complain to TS about them. Have you read diskmandave's thread? diskmandave V lowell and won? (Sorry I don't know how to link a thread:confused: , if anyone could tell me how to that would be great). It's very inspiring and useful. have a read if you haven't already.

 

Good luck.

Maggie:)

[Bigmac versus]

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

 

 

Hi maggieboo right click over title, scroll to copy shortcut go to where you

wish it to go then right click and scroll to paste and click.

[maggieboo]

Thanks Bigmac versus:D

 

Evee, the link is in the post above.

[evelyndarling]

ive read daves a couple of times - i get a bit lost as he goes to oft. and because his account was already in dispute when lowell got it, which mine wasnt. i only SAR cap one when i CCA lowell. but, i find these threads very interesting, especially how we all end up with such similar letters!

[evelyndarling]

just checking to see how youre doing. i got sent another copy of my application form today with a bit named "agreement" highlighted in yellow pen, bless them.

[maggieboo]

Hi Evee

 

well, my 12 days was up a few days ago now, I can't remember exactly when without looking! I've decided to wait until the 30 days has gone before I do anything else.

 

I've also CCA'd Cabot recently for another debt and they have told me it could take up to 8 weeks for them to retrieve archived information! Depending on what I get back from Cabot, i might need to start a new thread, but all is quiet on the Lowell's front at the moment. (Hope I'm not tempting fate by saying that!)

[Zimmie]

Maggie, I often think that when I type on here...oh I'm tempting fate! But when you think about our situations...it's not us tempting fate, but them.

All we have done is make a lawful request...if their response isn't equally lawful...well that's not our problem

[evelyndarling]

i think i tempted fate....i thought they were ignoring me but now two letters in two days?! and on my birthday as well....tut tut.

 

good luck still!

[maggieboo]

You're quite right Zimmie, and happy birthday Evee:).

 

Even if I am tempting fate and get some strange letter from Lowells soon, it's so nice to know that there will be help available from this great site and everyone that uses it!

[Bigmac versus]

Hi Maggie when the time runs out make complaint to TS, they wont take action against them for this but they will log it then if they try to enforce the debt after non-compliance go again to TS, they will then get involved so keep any correspondance from them and log any calls they make to you.

[maggieboo]

Hi all

 

An update.

 

I sent a CCA request to Lowells on 14th April 2007 and they sent back a copy application form on 26th April 2007 with a letter saying I must pay within 7 days. I did not reply to this letter as they did not provide what I requested. Yesterday, I received a letter from them which states:

 

According to our records your agreed payment plan is currently in arrears.

 

If you do not keep to your agreement we will have no option but to take further action against you to recover the outstanding monies. To avoid this we must receive your payment within the next 3 days.

 

We would like to understand why you have not kept to your arrangement and unless you contact us we are unable to offer you help. If your situation has changed please call us immediately on 0845 279 7117 to discuss further options.

 

If you have paid or spoken to one of our advisors within the last 3 days from the date of this letter please diregard this request.

 

Yours sincerely

 

Angela Shepherd

Debt Management & Payment Processing Manager

 

Obviously this is one of their computer generated letters as I do not have any agreement with them and the signature is printed.

 

I am planning to send the following letter as a reply:

 

 

Thank you for your letter dated 21st May 2007.

 

I sent a CCA request to your company on 14th April 2007 and I received a reply dated 20th April 2007 in which your company enclosed a very poor quality copy of an application form. I received this copy application form on 26th April 2007.

 

Under the Consumer Credit Act s77/78 the document you are obliged to provide me with is a true copy of the executed agreement containing all prescribed terms.

 

You have sent me an application form which is a pre-contractual document and this does NOT replace an agreement.

 

As you are aware from previous correspondence I will only contact you by letter, not telephone.

 

Yours sincerely

 

I would be interested on anyone's opinions. Is it worth me sending this letter back to them or should I just ignore them and see what else they send? I am still waiting for them to send an actual agreement not an application form. The 12 days has passed and I am about 3/4 of the way through the 30 days.

 

 

Any suggestions?

 

 

Thanks all

 

[Bigmac versus]

They havent provided the documentation required within the 12 days so they are in default and at this stage you wiithold any payments due, your next step is up to you, tell them or not.

[diskmandave]

I've had this discussion in person with the team leader at Tameside Trading Standards. You've sent them the CCA request, they've sent you what they have or better still, what they can get. This complies with your request and their legal obligation. Better still, what they have sent won't hold up in court.

 

Don't write back because you'll get a letter back stating that they've complied with your request, which they have, also... Please stop ignoring this!

 

You need to be approaching Trading Standards ASAP!

 

You've asked, they complied, what they sent is not enforceable in court. Further to that they have breached the OFT guideance to debt collection...

(By continuing to chase a disputed debt).

 

Please get in touch with your local Trading Standards office!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Best Regards, Dave.