Help needed re Lowell Financial & CCA

[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.

[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.

[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.

[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.

[diskmandave]

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

 

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

 

Regards, Dave...

[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.

[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.

[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.

[diskmandave]

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

[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...

[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.

[diskmandave]

Hi Dave

 

 

 

I'm not ignoring this at all, it's just that I wasn't sure if I had to wait for the 30 days to pass before I contacted TS?

 

I've already got a file of correspondence together and a covering letter.

 

Now that Lowells are sending out computer generated letters again, I can see that it is time to contact TS, otherwise it will just go on forever!

 

Thanks again Dave

Maggieboo:)

 

Yes...! TS's next...!

[diskmandave]

Maggieboo, which Trading Standards did you complain to? Yours,

Consumer advice and protection - A-Z of services

 

Or Leeds?

Leeds City Council - Trading standards - West Yorkshire Trading Standards

 

It might be worth having a go with whichever is 'the other one', if you see what I mean! Unfortunately all TS's are different and run from their own rule book...

 

Just worth a think about too... Was the debt disputed in anyway before it was sold to Lowell Financial? If it was it shouldn't have been sold on, and also if still in dispute LF shouldn't be chasing you!

 

Good to see great advise from BmV too

 

Good luck & best wishes, Dave.