Lowell Financial/Capital One CCA (Application Form ?)

[bgqs]

I will wait until you get your response from Leeds TS

 

Please let me know once you receive their reposnse...Cheers

[evelyndarling]

just to let you know im still waiting..... but you saw the letter lowells sent me right... i wonder if that means a lot more people are complaining than we realise and they are changing tact... i hope TS agree with me, but in my letter (i edited it from the one i posted on my thread) i tried not to play on the CCA just in case they said that lowells had been right in what they sent, so i touched upon that as a short section and also mentioned the stuff up they made by saying they'd passed me over from thier "client" when they were the ones id been dealing with anyway. i found an OFT law regarding that and asked if it was in line with it, and i then also asked whether the sending of the "calling card" was in line with the OFT guidlines 2000 on use of look alike letters. basically, i am hoping they will agree on one of three things, not none of one. the CCA would be amazing, but if they say that lowells were correct but not in another area i will have something to stand in court with, because i will damn well take this there if needs be.

[ODC]

Im in a similar position with Clownells, they passed me over to Hamptons iLEGAL, who after my failure to deal with them returned it to Clownells who are now passing it to a firm who deals in Insolvency, Red Debt Collection.

 

All of Course are the same company with different variations on a threat. For all I know its probably the same Moron who sends all the letters out with a different name. Who cares????? Not me.

[tomterm8]

Im in a similar position with Clownells, they passed me over to Hamptons iLEGAL, who after my failure to deal with them returned it to Clownells who are now passing it to a firm who deals in Insolvency, Red Debt Collection.

 

All of Course are the same company with different variations on a threat. For all I know its probably the same Moron who sends all the letters out with a different name. Who cares????? Not me.

 

Hm ... maths ... 3*400 = 1200. LOL. Looks like you are going to cost them a lot of money.

[bgqs]

I did send the same info as you Evelyn but TS's response was negative on all counts...Please update this thread once you have your response.

 

Thanks

[evelyndarling]

leeds TS sent me a letter saying they wont deal with my complaint and have forwarded it to my local TS. what a run around. so im guessing this is not much help to you. i dont know what to suggest now. apart from seek further advice on the legalities. they did not comply with the CCA surely, so there MUST be something in that? i mean just cause you local trading standards dont agree, but then another counties does, there must be more to the whole situation. why are the TS's not agreeing, if they are technically the same body?

[bgqs]

I think the only way this can really be tested is if Lowells issue proceedings against us. Then we can put the case forward to a judge and let him make the decision...TS seem to have different rules depending on the office your are using...I have ceased communication now with Lowells and am waiting for the CCJ documents to come through so that I can contest them.

[ODC]

I doubt you will ever get CCJ documents from Clownells. They will pass you through their system i.e. Hamptons iLEGAL and Red Debt

 

They know the application form would not be acceptable in Court, we know that. They will use all their dirty trick but at the end of the day they havent got an executed copy of a CCA agreement

[evelyndarling]

well i think that if the TS outcome is that they think lowells have done what they were supposed to do then that will be the only route. im going to send lowells a complaint letter outlining that they have not complied in my view, in response to thier "we will take money out of your bank or send a bailiff round and mean nasty stuff like that" letter i got yesterday (im sure youve had this one by now, we seem to be running along side each other) then i will cease contact. if they take me to court i will make sure i am there by any way possible -(don't they sometimes run CCJ's through without you there?) because what is the worst that can happen? a judge declares them right and i pay them approx £2.50 a month for the rest of my life, and a red credit mark for a few years? or at best i bring them to their knees. i wonder if anyone has got as far as contesting a CCA in regard to a DCA in court? maybe we'll have to be the first ones to try.

[bgqs]

I am more than willing to accept a CCJ if what they have provided is indeed an executed agreement. My frustration is that it will probably end up as a stalemate as they will not cease their chasing unless a government agency requests them to do so and I will not be paying them a bean....so we are in a stalemate and all the while, it sits on my CRA record...something is not right !

[ODC]

Simply write to Clownells and tell them the paperwork does not constiture an exexuted document under the CCA let them prove it does

[evelyndarling]

i have had a reply from TS. its interesting, and also makes me think that your TS didnt quite get what you were stating, i mean if mine and DMDaves agree then yours must be wrong. go and have a look, ive posted it in my thread.

[ODC]

I have read Evelyns other post and its bad news for Clownells and good news for anyone hassseled by them trying to fob off an application form as an executed agreement. I suugest you send a copy of it to your local TS

[Josie8]

Subscribing

[evelyndarling]

going back over your thread, there is no way that that document constitutes an agreement. one of the things TS have said in the letter they sent me is that there was no address of the creditor amongst other things. there is nothing on that, not a jot. you need to fight this, i think what you should maybe do is inform them that they have not complied. i dont see how that can possibly stand up in court.the TS's are too conflicting, it seems its area dependant. im going to look into this further because i want to know how these guys make up thier minds. it looks as though yours didnt even bother to check what the prescribed terms are. im going to see if i can find out how watertight the prescribed terms issue is. my TS are passing my report onto OFT, so maybe you should put something together and go straight to OFT? seeing as they will be dealing with other lowells issues, yours will fall under the same terms. what exactly did you send to TS? if you dont want to post it in the thread you can email it to my personal address and i'll send you the amended version of mine i sent TS. see if there are any similarities. because technically you got sent even less than i did so im guessing it cant just be that your TS dont care....maybe its something in the correspondence...?

[bgqs]

This was the contents of the letter I posted to TS:

 

Could you please advise me regarding the following issue?

 

Over the course of the last couple of months, I have been in correspondence with the debt collection agency Lowell financial Ltd regarding an alleged debt they own in my name, sold on by Capital One Bank.

 

I sent Lowell financial a request for a true copy of my Consumer Credit Agreement (as can be seen in the letter I have attached) under the Consumer Credit Act 1974, and in return, have received a copy of a dated application form which does not contain the prescribed terms which I believe constitute an “agreement“.

 

Lowell financial Ltd. have also sent me a letter stating that they have passed on the debt to themselves, Lowell financial Ltd., from Lowell Portfolio Ltd., which in itself is very confusing as all previous correspondence had been with the Lowell financial Ltd., not Lowell Portfolio Ltd. A copy of this letter is enclosed.

 

You can see from my initial CCA request that I was exercising my rights under the relevant sections of the Consumer Credit Act 1974 in asking for a “true copy of the original agreement”, and also enclosed the maximum statutory fee of £1.

 

The only documentation that I have received is a photocopy of the signature from the original application. A copy of the said document has been attached along with the covering letter that accompanied it. Interestingly, the reply states that what they have supplied is a copy of the original agreement ! It is my belief that under the Consumer Credit Act 1974, the signature is one of the few prescribed terms that they do not have to supply, yet, this is the only thing that has been supplied.

 

I believe that Lowell Financial Ltd have defaulted under the time scale of 12+30 days given as they have failed to provide a true copy agreement complete with the prescribed terms and conditions including the following information:

 

 

A Credit Card/Running Account agreement must contain a statement of:-

 

 

· the amount of the credit limit, if any, at the commencement of the agreement and any conditions in relation to any variation of the credit limit

· the rate of interest charged and the APR,

· the terms of use and repayment, and · the procedure for and the cost of termination of the agreement.

 

Lowell Financial Ltd have continued to send letters of a threatening nature despite requests for information which I am entitled to under the Consumer Credit Act 1974. In addition, I have found it extremely difficult to continue to correspond with this company as the amount of generated letters that they send out could be considered excessive.

 

In addition to the above, I have requested that Lowell Financial Ltd advise me of their complaints procedure which they are required to provide by law. At the time of sending this letter, no information has been received.

 

I have attached to this letter all correspondence between ourselves and also, a postcard which intimates that they have visited my home. However, it is clear to see that the postcard was in fact received by first class post.

 

All correspondence has been arranged in chronological order in order for you to understand the rate at which computer generated letters are issued.

 

In addition to the attached correspondence between ourselves, I have also enclosed a copy of the OFT’s Debt Collection Guidelines. I have marked each area where I believe that Lowell Financial Ltd have failed to maintain communications in line with this document.

 

I would be very grateful of any help you can give me in response to this situation, in regards to whether they have fulfilled their duties under the Consumer Credit Act 1974. I would also be grateful if you could confirm whether you feel that Lowell Financial Ltd have conveyed themselves in a manner in line with the OFT document as attached.

 

It looks like I am unable to send it to any other TS office as they will refer it to my local TS office !

 

Do you think I should appeal to TS's decision ?

[Josie8]

This was the contents of the letter I posted to TS:

 

 

 

It looks like I am unable to send it to any other TS office as they will refer it to my local TS office !

 

Do you think I should appeal to TS's decision ?

 

Yes. Ask for the head honcho at your local ts. Write to them with copy file & ask them to reconsider file. Ask them if confirming original decision to explain how document DCA has provided complies with statute it was requested (provision by provision )under so you can take it higher again (i.e veiled threat of going to minister) & make sure you ask if it is in their opinion a legally valid enforceable true copy of an executed CCA........

[ODC]

Yes. Ask for the head honcho at your local ts. Write to them with copy file & ask them to reconsider file. Ask them if confirming original decision to explain how document DCA has provided complies with statute it was requested (provision by provision )under so you can take it higher again (i.e veiled threat of going to minister) & make sure you ask if it is in their opinion a legally valid enforceable true copy of an executed CCA........

Also suggest that you have heard of other TS who state that the document is not a true copy of an executed agreement. Tell them you are considering a report to the local goverment ombudsmans office

[Josie8]

Also suggest that you have heard of other TS who state that the document is not a true copy of an executed agreement. Tell them you are considering a report to the local goverment ombudsmans office

 

 

Yes good point ...............It may be that this TS view is that they've complied with the actual request even if it isn't an enforceable agreement. The companies can produce what they want and assert its a true copy. Its then up to the Courts to decide if it is enforceable or partially enforceable or not. However if the creditor sends you an unenforceable or omproperly executed agreement in response to your S 77 -79 request then thats the only document they can produce to the court as proof of CCA unless the court agrees to allow them to enter something else.

 

So as peter beardsley would say you can write back and say thank you for the true copy. As you are aware this does not comply with the requirements and is therfore either unenforceable/improperley executed. Therefore this account is still in dispute and etc................etc. .................. See you in court ..............................

 

 

They are then hoist on their own petard as that is the document they will have to produce to the judge ................

 

And complain to the OFT who license them that this is how they conduct their buisness...............

[evelyndarling]

maybe your letter was a bit too detailed? i wrote mine in the mind that i know enough, but they would know more so pretend to be the little consumer, not the big fight for my rights-er (which i am really) i would suggest that because youve put in so many technicalities and all the details of prescribed terms etc. maybe they might have thought you were being smart? contest it, but be more simplistic, dont put in what the prescribed terms are, make them look for them, then at least they HAVE to do comparisons, also state that other people have been sent pretty much the same thing and that their respective TS have agreed. make sure they know your the innocent one and you need help, not that your the know it all that needs conformation. i will post my TS letter and the reply on my thread so you can see what i sent and recieved.

[evelyndarling]

any news yet?

[bgqs]

Sorry for the delay, I have been moving house. My last letter from them was yesterday which said that they were preparing court docs and they would be submitted within the next 3 days.

 

I have ceased communications with them and am more than happy to let the court make the decision...the worst that can happen is that I am wrong and get a CCJ...but I think that this is worth the risk given the state of the agreement that they have produced !

 

Will update this once court docs received !

[ODC]

 

Will update this once court docs received !

 

Dont hold your breath.

[bgqs]

Nothing received as yet

[ODC]

Nothing received as yet

Good job you didnt hold your breath then